1.The Model Penal Code allows evidence of diminished capacity: (Points : 5)
for murders only
for all crimes
for felonies only
only when the insanity defense is raised
2. If a homicide defendant did not intend to kill, but did intend to inflict serious bodily injury, he is guilty of which of the following if the victim dies: (Points : 5)
First-degree murder
Second-degree murder
Voluntary manslaughter
Involuntary manslaughter
3. The objective test of entrapment focuses on government action that: (Points : 5)
creates the intent to commit the crime
would cause a predisposed person to commit a crime
provides an opportunity for a person predisposed to commit a crime
would cause an otherwise law-abiding person to commit a crime.
4. The actor intends to kill Mr. A. He shoots at Mr. A and misses but kills Mr. B instead. The actor is guilty of murder by application of the doctrine of: (Points : 5)
concurrence
circumstantial evidence
general intent
transferred intent
5. If the criminal intent does not exist, the element of ________ is not present: (Points:5)
concurrence
actus reus
result
mens rea
6. The Pinkerton rule applies to: (Points : 5)
the doctrine of complicity
conspiracies
principals
accomplices
7. The Model Penal Code defines the defense of necessity as: (Points : 5)
creating a risk of harm less than that created by economic deprivation
the avoidance of an evil greater than the evil sought to be prevented by the law defining the offense
protecting oneself or property from an injury due to natural causes
violating the criminal law to overcome an emergency situation
8. Wharton's Rule would prevent two people from being charged which conspiracy to commit which of the following crimes? (Points : 5)
Murder
Larceny
Rape
Gambling
9. The test for insanity that requires a defendant to show that he did not understand the nature and quality of his act or that his act was wrong is the: (Points : 5)
M'Naghten test
Durham test
Diminished capacity test
Res ipsa loquitur test
10. "Megan's Laws" provide for: (Points : 5)
Life incarceration for sex offenders
Capital punishment for sex offenders
Registration of sex offenders with police agencies
Fines for sex offenders
11. Traditionally, a critical distinction between assault and battery has been: (Points : 5)
battery requires the intent to assault; assault is strict liability
assault has been a felony consistently, while sometimes battery has been a misdemeanor
assault requires some physical contact and battery does not
battery requires some physical contact and assault does not
12. The intent usually required for the crime of false imprisonment is: (Points : 5)
mere criminal negligence
nothing false imprisonment is a strict liability offense
the intent to restrain or confine the other person
reckless endangerment
13. Justin breaks into Jordan's apartment with the intent to steal Jordan's computer. Once Justin is inside, Jordan's attack poodle barks and frightens Justin who leaves without having taken anything. Justin has committed: (Points : 5)
trespass only
no crime
burglary
attempted burglary
14. Which is not true in regards to Common Law? (Points : 5)
State Legislatures produce Common Law
Growth of Common Law depended on judicial decision
They evolved from a long history of ancient offenses called Common Law Crimes
Common Law was passed on through generations, changing to meet current conditions
15. The First Amendment of the Constitution protects: (Points : 5)
Obscenity
Libel and slander
Opinion
Profanity
16. A statute that makes it a crime to be addicted to drugs: (Points : 5)
Is constitutional
Is unconstitutional, as it violates the Fourteenth Amendment's Due Process Clause and the Eighth Amendment's Cruel and Unusual Punishment Clause
Is unconstitutional, as it violates the First Amendment's Free Speech Clause
Is unconstitutional, as it violates the Fourteenth Amendment's Equal Protection Clause
17. Which is not an example of involuntary act? (Points : 5)
Automatism
Somnambulism
Sleepwalking
Intoxication
18. Under the Model Penal Code, which of the following states of mind never satisfies the mens rea requirement for murder? (Points : 5)
Purposeful
Reckless
Negligent
b and c
19. One who actually commits the crime, or plans and helps the crime occur, is called a: (Points : 5)
principal
accessory during the fact
accomplices after the fact
Principle before the fact
20. Vicarious liability: (Points : 5)
requires the defendant to further the crime with some discrete act
creates liability on the basis of the relationship between the party who commits the crime and the defendant
requires an agreement among the parties that a crime will be committed
requires the defendant to be present at the time and place of the crime
for murders only
for all crimes
for felonies only
only when the insanity defense is raised
2. If a homicide defendant did not intend to kill, but did intend to inflict serious bodily injury, he is guilty of which of the following if the victim dies: (Points : 5)
First-degree murder
Second-degree murder
Voluntary manslaughter
Involuntary manslaughter
3. The objective test of entrapment focuses on government action that: (Points : 5)
creates the intent to commit the crime
would cause a predisposed person to commit a crime
provides an opportunity for a person predisposed to commit a crime
would cause an otherwise law-abiding person to commit a crime.
4. The actor intends to kill Mr. A. He shoots at Mr. A and misses but kills Mr. B instead. The actor is guilty of murder by application of the doctrine of: (Points : 5)
concurrence
circumstantial evidence
general intent
transferred intent
5. If the criminal intent does not exist, the element of ________ is not present: (Points:5)
concurrence
actus reus
result
mens rea
6. The Pinkerton rule applies to: (Points : 5)
the doctrine of complicity
conspiracies
principals
accomplices
7. The Model Penal Code defines the defense of necessity as: (Points : 5)
creating a risk of harm less than that created by economic deprivation
the avoidance of an evil greater than the evil sought to be prevented by the law defining the offense
protecting oneself or property from an injury due to natural causes
violating the criminal law to overcome an emergency situation
8. Wharton's Rule would prevent two people from being charged which conspiracy to commit which of the following crimes? (Points : 5)
Murder
Larceny
Rape
Gambling
9. The test for insanity that requires a defendant to show that he did not understand the nature and quality of his act or that his act was wrong is the: (Points : 5)
M'Naghten test
Durham test
Diminished capacity test
Res ipsa loquitur test
10. "Megan's Laws" provide for: (Points : 5)
Life incarceration for sex offenders
Capital punishment for sex offenders
Registration of sex offenders with police agencies
Fines for sex offenders
11. Traditionally, a critical distinction between assault and battery has been: (Points : 5)
battery requires the intent to assault; assault is strict liability
assault has been a felony consistently, while sometimes battery has been a misdemeanor
assault requires some physical contact and battery does not
battery requires some physical contact and assault does not
12. The intent usually required for the crime of false imprisonment is: (Points : 5)
mere criminal negligence
nothing false imprisonment is a strict liability offense
the intent to restrain or confine the other person
reckless endangerment
13. Justin breaks into Jordan's apartment with the intent to steal Jordan's computer. Once Justin is inside, Jordan's attack poodle barks and frightens Justin who leaves without having taken anything. Justin has committed: (Points : 5)
trespass only
no crime
burglary
attempted burglary
14. Which is not true in regards to Common Law? (Points : 5)
State Legislatures produce Common Law
Growth of Common Law depended on judicial decision
They evolved from a long history of ancient offenses called Common Law Crimes
Common Law was passed on through generations, changing to meet current conditions
15. The First Amendment of the Constitution protects: (Points : 5)
Obscenity
Libel and slander
Opinion
Profanity
16. A statute that makes it a crime to be addicted to drugs: (Points : 5)
Is constitutional
Is unconstitutional, as it violates the Fourteenth Amendment's Due Process Clause and the Eighth Amendment's Cruel and Unusual Punishment Clause
Is unconstitutional, as it violates the First Amendment's Free Speech Clause
Is unconstitutional, as it violates the Fourteenth Amendment's Equal Protection Clause
17. Which is not an example of involuntary act? (Points : 5)
Automatism
Somnambulism
Sleepwalking
Intoxication
18. Under the Model Penal Code, which of the following states of mind never satisfies the mens rea requirement for murder? (Points : 5)
Purposeful
Reckless
Negligent
b and c
19. One who actually commits the crime, or plans and helps the crime occur, is called a: (Points : 5)
principal
accessory during the fact
accomplices after the fact
Principle before the fact
20. Vicarious liability: (Points : 5)
requires the defendant to further the crime with some discrete act
creates liability on the basis of the relationship between the party who commits the crime and the defendant
requires an agreement among the parties that a crime will be committed
requires the defendant to be present at the time and place of the crime
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