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CJ 210 Final Exam Questions And Accurate Answers
A fraternity at a local college holds a party during rush week. Many of their guests are underage, so the fraternity does not have any supply of alcohol at the party. Before hosting the party, several fraternity brothers take a trip to the bank and withdraw large amounts of one dollar bills to use as change for a vending machine filled with beer placed in a back apartment within the fraternity house. The fraternity is indicted for the reckless sale of alcohol to minors. Which of the following cases involves this fact pattern? - Answer State v. Zeta Chi Fraternity
Under common law, persons present when a crime was committed and who helped commit it were called - Answer principals in the second degree.
What transfers the actus reus and mens rea of an employee to the employer? - Answer vicarious liability
Today, participants before and during the commission of a crime are called - Answer accomplices.
Vicarious liability cases that attract the most attention involve - Answer large national corporations.
Which of the following cases involved Enron and an accounting firm that was convicted of obstructing the Securities and Exchange Commission? - Answer U.S. v. Arthur Anderson, LLP
One of the weaknesses of self-regulation is lack of enthusiasm for regulation by the regulated group. - Answer True
Words can qualify as accomplice actus reus, if they - Answer encourage and approve the commission of the crime.
Conpiracy is a different crime from the actual crime that the conspirators agree to commit. - True
Accessory-after-the-fact offenders are treated the same as the offender who committed the crime and are punished equally. - False
Parent responsibility statues are based on parents' acts and - omissions.
Accomplices to murder are prosecuted - the same as murderers.
Vicarious liability statues grew out of public fear, frustration, and anger over juvenile violence and parents' - Answer failure to control their kids.
Tammy and Jenny are having coffee in Tammy's kitchen. Jenny uses an electrical cord to beat Tammy's one-year-old daughter for several hours repeatedly until she is bleeding. Tammy looks on but does nothing.
Tammy is guilty of the crime because of what exception to the mere present rule? - Answer the duty to act exception
Which of the following is NOT one of the elements of most modern accessory-after-the-fact statues? - Answer The accessory actually committed a felony.
Mere presence of the defendant at the scene of a crime may create accomplice liability if - Answer the defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it.
The case of Pinkerton v. U.S. 1946 deals with what rule? - Answer the rule that the crime of conspiracy and the crime the conspirators agree to commit are separate offenses.
What dramatically changed the nature of corporations from government entities controlled by government to private business operated by internal management? - Answer the industrial revolution
With respect to Joseph's actus reus what does the $5,000 represent? - Answer inducement to commit murder
A pattern of illegal activity carried out in the furtherance of an enterprise owned or controlled by those engaged in the activity is called - Answer racketeering
Stephanie had decided she was through with her marriage and wanted out.
She does not want a divorce because her husband is very rich, and she will not end up with much money in the divorce. Stephanie decides to kill her husband so she will be able to keep his money. Stephanie stabs her husband in the chest in the middle of the night not realizing that he died of a heart attack two hours prior. Answer In most jurisdictions Stephanie would have no defense; factual impossibility is not a defense to criminal attempt.
Joseph operates an automotive repair shop. He has been in business twenty years and has been very successful. Edward opens an automotive repair shop across the street from Joseph. Joseph loses many customers to Edward. Joseph decides to eliminate the competition and hires a man to kill Edward for $5,000.
What crime has Joseph committed? - Answer soliciting murder
Which test of attempt actus reus simply asks whether an average person who perceived the defendant's actions, but who did not know of his intent, would believe him to be determined to commit the intended crime? - Answer The unequivocality test.
What Act is a special conspiracy statute commonly employed against organized and white-collar crime? - Answer RICO
What test's language, regarding attempt actus reus does the vast majority of current criminal codes adopt? - MPS "substantial steps" test
One kind of conspiracy where one or more defendants is a party to every transaction is
called - a wheel conspiracy.
Abandonment is a valid defense of attempt if abandonment is involuntary. - False
The mens rea of criminal attempt is always purpose. - True
With what type of statute would a law addressing the crime of attempted rape be classified? - Answer a specific attempt statute
Legal and factual impossibility are both defenses to criminal liability. - Answer False
Which of the following rationales addresses how fully defendants have formed their criminal intent? - Answer the dangerous person rationale
Which test deals with whether defendants have gone far enough towards completing the crime that its unlikely they'll turn back? - The probable desistance test
Caseye decides to start an illegal business. He calls all his friends and relatives and builds up a significant capital base. Casey purchases a large quantity of marijuana and imports it with the aid of his friend Ryan. Ryan delivers the marijuana to Joe. Joe distributes the marijuana to numerous individuals to sell. Only Casey knows who all participates in his marijuana business.
What type of conspiracy is Casey involved in? - Answera chain conspiracy
One can be guilty of conspiracy even though he does not know all of the others in the conspiracy. - Answer True
RICO applies harsh penalties to those engaged in criminal enterprise or illicit activity that is run like a business. - Answer True
Which of the following is generally an aggravating factor that will warrant imposition of the death penalty? - Answer Torture of victim
Knowingly creating a substantial and unjustifiable risk is the ___ of - Answer recklessness.
Death caused by a person who is aware that her acts create a substantial and unjustifiable risk of death or serious bodily injury, but acts anyway is known as - Answer criminal negligence manslaughter.
Constitution requires that in death penalty cases-Answercourts and juries not impose the sentence of death on a defendant unless they have a list of specific aggravating and mitigating circumstances relating to the death penalty to guide their decision.
There is a trend in the United States toward the abolition of which of the following? -Answer Criminal act manslaughter
If an armed officer accidentally killed the store clerk during an armed robbery, this would be - Answer felony murder.
What is the name of the catchall offense that includes killings that are neither manslaughter or first-degree murder? - Answer second-degree murder
Depraved heart murder is defined as extremely reckless killings. - Answer True
Voluntary Manslaughter With respect to cooling off for voluntary manslaughter, assuming the defendant did not, in fact cool off, most courts would then apply what test? Answer objective test of cooling-off time
Probably the most publicized corporate murder case involved the deaths of three young women who were killed on an Indiana highway in 1978 when what car exploded? Answer
Ford Pinto
The degree of murder or kind of homicide depends on the actus reus, special circumstances and the - Answer mens rea.
At common law what was the rule that a husband who caught his wife in the act of adultery had adequate provocation to kill? - Answer the paramour rule
According to the Uniform Brain Death Act a person is considers dead when - Answer he or she has suffered irreversible cessation of all brain functions, including those of the brain stem.
Josiah is angry at Valerie because she had failed him in his psychology class. Josiah loads his .357 revolver, carefully aims it at Valerie and pulls the trigger. She dies.
Regarding mens rea for the above crime, what doctrine is illustrated? - Deadly weapon doctrine
Unlawful act manslaughter is sometimes also referred to as - Misdemeanor manslaughter
What rule defines sufficient provocation as "a brooding resentment or pent-up anger from past insults or humiliating incidents culminating in a provoking incident that, in and of itself, may not be sufficient to provoke the fatal action"? - "last straw" rule
Corporations cannot be guilty of criminal homicide. - Answer False
Some have argued that the "liberty interest," guaranteed in due process clauses of what amendment to the Constitution, includes the right to die and to seek assistance in exercising the right? - Answer the Fifth and Fourteenth Amendments.
The crime Carlos committed is called - Answer cyberstalking.
Carlos and Tanya worked together at a restaurant. Carlos asked Tanya out on a date and Tanya said no. Carlos became very angry and started sending increasingly threatening e-mails to Tanya. Tanya obtained a civil protection order. Carlos continued e-mailing and threatening Tanya at the same time acknowledging he was in violation of the protection order. Tanya changed her address, license plate, employment, and moved.
The crime Carlos committed is a bad result crime. What is the bad result in this crime? - Answer placing victims in fear
False imprisonment is a less serious offense than kidnapping because there is no _____?
- Answer carrying away requirement
Rape shield statuses - Answer prohibit introducing evidence of victim's past conduct.
Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade? - Answer since the early 1970s
There are basically four types of crimes against persons. Which of these is NOT one of those types? - Answer embezzlement
Yule and Theresa attend the same community college and have taken several courses together over the past few semesters.
Yule approaches Theresa and requests that she not be offended if he asks her to help him study for a final exam in a course they are presently enrolled in. Theresa agrees and goes with him to his apartment after class. The two students spend several hours studying. During a break, Yule tries to kiss Theresa and she rebuffs him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushers her skirt up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off her. After he ejaculates, Theresa runs from the apartment. What crime had Yule committed against Theresa? -
Answer unarmed acquaintance rape
Conditional threats to a victim are enough to constitute the crime of assault. - Answer False
The actus reus of modern rape law is sexual penetration by force or threat. - Answer the actus reus
Scenario
Jasmine is closing her garage door while leaving the car running in the driveway.
Omar jumps in the car, while Jasmine's back is turned to him, and starts driving away with Jasmine's eight-year-old daughter in the car. Jasmine runs to the car and sticks her arms through the driver's side window that is open about ten inches. She grabs for the keys and is able to turn off the car as it hits the curb across the street a distance of about 50 feet.
Based on the facts below, with what crime would Omar most probably be charged? - Answer simple kidnapping
What judicially created rule did the case of State in the Interest of S.M.I. result in? - Answer no means no
Assault and battery are considered one and the same crime. - Answer False
What is the most common type of rape? - Answer acquaintance rape
All stages of the criminal justice system, with regard to the crime of rape, are influenced by cultural values and social norms. - Answer True
Which right is violated by both kidnapping and false imprisonment? - Answer the right of locomotion
What is the crime in which theft is accomplished under circumstances intended to terrorize the victim by actual injury or the threat of immediate injury to the victim? - Answer robbery
Receiving stolen property requires which of the following, in all states? - Answer that the receiver control the property, at least briefly
What would you call a scheme whereby schemers tell investors they're buying assets such as property, stocks and bonds, or consumers, when in fact they're buying nothing?
Legislatures responded to the problem of unlawful conversion of property by creating what felony? - Answer embezzlement
Janet had been shopping in the mall was on her way to her car parked in the parking lot. As she neared her car, a man ran out from between two cars and grabbed her purse, that was hung on her shoulder. Janet held onto the purses and a brief struggle ensured. The purse strap broke, and the man ran away with Janet's purse.
What crime most accurately describes what happened to Janet? - Answer theft
Criminal mischief involves the destruction or damaging of personal property. - Answer False
Most states have only one degree of burglary. - Answer False
illegally obtaining property by trick, deception, or lie is known as - Answer false pretenses.
There are three kinds of criminal mischief. Which of the following is NOT criminal mischief. - Answer taking
Tern "intellectual property" refers to - Answer ideas and their application in practice.
Even slightly mishandling the victim, like a push, turns the pickpocket into a - Answer robber.
Stock options are an example of what kind of property? - Answer intangible
Lyle and Don lived in Houston, Texas. Don had a hankering to buy a Bose speaker set. Lyle told Don he knew this guy named John who had name-brand electronics at cheap prices, but they may be stolen. He said he had purchased his flat screen tv from John several months prior and got an excellent price for it. Don gave money to Lyle. The next day, John delivered the speakers directly to Don.
What criminal title is applied to persons who commit what John does? - Answer fencing
Burglary is a specific-intent crime. - Answer True
Arson is a(n) - Answer felony.
The Model Penal Code classifies arson into degrees by - Answer defendant's blameworthiness.
Today, arson is a crime against possession and occupancy, not only against - Answer ownership.
In a constitutional democracy, "quality of life" crimes underscore the tension between liberty and - Answer order.
The Model Penal Code disorderly conduct statue requires the mens rea of - Answer recklessness or knowledge.
apartment, and is now homeless. He sits on a corner downtown all day begging money from passersby. He eats at the mission and then sleeps under a bridge near the local park.
Of the following ordinances, which is most likely to be of concern to James? - Answer panhandling
Because panhandling is expressive conduct, regulations on panhandling must therefore be analyzed to see if they meet the requirements of which Amendment to the U.S. Constitution? - Answer First
The type of police officer that typically handles sex crimes is known as what? - Answer vice squad officers
Constructive disorderly conduct "tends to provoke or incite others to break the peace."
In medieval Europe, which of the following had jurisdiction to try and punish crimes against morals? - Answer ecclesiastical courts
Which of the following does NOT represent a factor courts use when testing whether a time, place, and manner regulation is valid? - Express the speaker in the group
Which of the following is correct about the available empirical evidence regarding the efficacy of civil gang injunctions at controlling gang behavior? -
Tiffany lives in a red-light district of Los Angeles. One evening she is walking home when a car pulls up to her and asks if she would like to have a sexual encounter for money. Tiffany agrees and quotes a price. A police officer pulls up and informs Tiffany that she is under arrest and tells the man in the car to go home.
What is most likely that the officer assumed the man in the car was? - Answer a john
Broken windows theory connects serious crime with which of the following? - Answer minor "quality of life" offenses
What are disorderly conduct crimes meant to control? - Answer bad manners
How many types of prostitution statues exist today? - Answer three
Which of the following agencies has investigated the police department of Ferguson, Missouri for practices involving what? Answer racial discrimination
Which of the following would be guilty of the crime of promoting or soliciting prostitution? Answer pimp
Which of the following is NOT an example of a "victimless crime"? Answer embezzlement
Sam rents a room to Al at an illegal rate significantly below the market price, but he knows AL is a member of an extremist group using his room as headquarters to send money to Al Qaeda.
What would be the most likely charge against Sam? - Answer providing material support to terrorists
What is giving "training," "expert advice or assistance," "service," and "personnel" to terrorists or terrorist organizations considered a federal crime of? Answer material support
Josef lives in Canada. He belongs to a terrorist organization, and he intends to bomb an American embassy. He makes a car bomb. He drives the car to an American embassy in Canada, parks the car out front, after which the car explodes. The damage caused is enough to the American embassy.
Everything the revolutionaries who wrote the U.S. Constitution did to further the interests of the colonies was done under threat of prosecution for - Answer treason.
Recent anti-terrorist legislation outlaws - Answer the use of weapons of mass destruction.
If two or more persons agree to overthrow, put down, or destroy by force the government of the United States, they are guilty of - Answer seditious conspiracy.
What kind of terrorism involves terrorist acts committed in the United States? - Answer domestic
Su lives in New York City. She wrote a blog advocating that U.S. government buildings be blown up. She also provided detailed information on how to obtain materials to create bombs, and how to actually make the bombs. The federal government shut down Su's blog and arrested Su.
Which of the following is the crime for which it is most likely Su will be indicted? - Answer sedition
Which of the following is not one of the crimes included in the USA PATRIOT Act? - Answer participating in espionage
The crime of damaging or destroying property for the purpose of interfering with and hindering preparations for war and defense during national emergencies is called - Answer sabotage.
The use of violence or intimidation to achieve political or ideological aims is called - Answer terrorism.
Treason is the only crime defined in the U.S. Constitution. - True
Julius and Ethel Rosenberg were found not guilty of passing American atomic secrets to the Russians. - False
For what crime did the case U.S. v. Asher Abid Khan deal with? - conspiracy to provide material support
Mike, Sarah, and Greg break into one of the most secure nuclear weapons facilities in the country. They take pictures of the facility and send the pictures, secure documents, and money to a foreign terrorist organization based in Iraq.
Which of the following crimes have Mike, Sarah, and Greg committed? - Answer espionage and providing material support or resources to terrorist
What is the crime of levying war, adhering to enemies, or giving aid or comfort to the enemies of the United States? Answer treason
Treason involves the act of inciting others in an violent overthrow of the government. Answer False
Which of the following is true of the crime of treason? Answer it is very difficult to prove.
