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Criminal Law Final Exam Verified A+
____ is the killing of human being by the act, procurement or omission of another human being. - Homicide Lilo stabs Stitch with a knife, hollering that she will kill stitch. Stitch manages to pull a gun out of his pocket and shoots and kills Lilo before Lilo can stab Stitch a second time. Stitch has committed _______ - Justifiable Homicide There are three basic types of homicide: justifiable, excusable, and criminal. - True Homicides that may involve some fault but not enough for the act to be considered criminal are known as: - Excusable Today, many states have passed laws recognizing three types of criminal homicideL murder, manslaughter, and negligent homicide. - True ___ is a willful, deliberate, and premeditated unlawful killing. - First Degree Murder An unjustifiable, inexcusable, and unmitigated person endangering state of mind is known as: - Malice aforethought Murder for which the death penalty is authorized by law is known as federal murder. - False Jack Kevorkian is associated with - Assisted Suicide The conscious disregard of one's duties, resulting in injury or damage to another is known as - Gross Negligence Unlawful physical violence on another without his/her consent is: - Battery Effective consent is consent that has been obtained in a _____ manner - Legal ____ is a term meaning that the person attempting assault is physically capable of immediately carrying it out: - Present ability An assault that is commuted with the intention of committing another crime, such as an assault to commit a felony, assault to commit murder, assault with the intent to rape is known as: - Aggravated Assault Constructive Touching is that which is inferred or implied from prevailing circumstances.
Under common law, to constitute _____, the injury suffered by the victim has to be serious and permanent. - Mayhem Sexual intercourse, whether consensual or not, with a person under the age of consent is known as: - Statutory Rape Stalking activities cannot be committed in cyberspace. - False Rape shield laws attempt to protect the victims of rape by limiting a defendant's in-court use of: - A victim's sexual history Hillary Clinton makes it clear to Bernie Sanders she does not want to see him or talk to him any more in person. Bernie responds by waiting outside of Hillary's hotel room every day and follows her to all of her campaign events. Bernie's behavior may constitute the crime of: - Stalking A general term embracing a wide variety of misconduct by which a person is unlawfully deprived of their property is know as: - Theft The crime of receiving stolen property requires that the defendant does not known that the property was stolen. - False Ted Cruz threaten to reveal that Donald Trump's hair is actually fake if Donald Trump does not give him 10 million dollars and some free rides on his private plane. Trump gives Cruz the money and the plan rides. Cruz is guilty of: - Extortion Property that has physical form and can be touched, that is moveable and can be carried away is known as: - Tangible Property The trespassory taking and carrying away (as of personal property with larceny and kidnapping with a person) is known as Aspiration. - false- Asportation Beyonce owns a diamond ring. That ring is: - Personal Property A defense against a charge of larceny that consists of an honest belief in ownership or right to possession is known as: - Claim of Right The misappropriation of property already in the possession of the defendant is known as obtaining property by false pretenses. - False JLo has to leave the country for the summer and JLaw agrees to keep JLo's jewelry while she is gone. After JLo leaves, JLaw sells the jewelry and spends the money on milkshakes and hot pockets. What JLaw has done is known as: - Conversion Blackmail is a form of - Extortion
Controlled substances are specifically defined bioactive or psychoactive chemical substances that come under the purview of ____. - Criminal Law Laws regulating public morality have sometimes been criticized as contributed to a "crisis of _____," resulting in a substantial diversion of police, prosecutorial, and judicial time, personnel, and resources? - Over Criminalization Is the depiction of sexual behavior in such a way as to excite the viewer sexually. - Pornography Schedule III controlled substances involve higher abuse potential than do those in Schedule I and Schedule II. - False Designer Drugs are produced to evade controlling statutory provisions. - True The commission of traditional crime, such as murder, with the intention of coercing a population or influencing a government through fear or intimidation is known as: - Terrorism Which of the following is the only crime mentioned in the US constitution? - Treason A formal written order issued by a body with administrative or judicial jurisdiction is known as a: - Writ the US Patriot Act was passed in response to the bombing of the Murrah Federal Building in Oklahoma City, OK. - False one of the common elements to the crime of terrorism is a death must result. - false Illegal immigration in which an agent is paid to help a person cross the border clandestinely is called: - Human smuggling The Trafficking Victims Reauthorization Act of 2003 (TVPA) is a: - Federal Statute Pit Bull tells One Direction he can help sneak them into America from the U.K. illegally because their singing is so bad they couldn't get a work visa and he promises them safe passage and a good job. Once Pit Bull gets them into the U.S., he forces them to work against their will as Starbucks baristas. Pit Bull is guilty of: - Trafficking in persons Habeas Corpus means body of the crime - False The exploitation of unwilling or unwitting people through for coercion, threat or deception is known as T.I.P. - True
An offense committed against the social values and interests represented in and protected by criminal law and in which parties to the offense willingly participate are called: - Victimless crime Which of the following may be defined as "that with appeals to the prurient interest and lacks serious literary, artistic, political, or scientific value"? - obscenity The term used when someone has sexual relations with a relative through blood or marriage such as ones brother, sister, father, mother is known as: - Incest The term lascivious refers to uncontrolled gambling behavior. - False Polygamy is unlawful sexual intercourse with a relative by blood marriage. - False L.A. cops pull over Seth Rogan and James Franco and after a cloud of smoke exits the car window, inside they observe mass quantities of a green, leafy substance defined as a bioactive or psychoactive chemical substance that comes under the purview of the criminal law, the cops are observing a: - Controlled Substance A section of the Federal Crime Control Act used often in large narcotics investigations mentioned in class is known as? - R.I.C.O. The word drug is a generic term applicable to a wide variety of substances that have any physical or psychotropic effect on the human body. - True Soliciting a person to perform an act of prostitution is known as: - Pandering Crimes against public decency have specific and identifiable victims - false Because the USA PATRIOT Act and other anti-terrorism laws challenge history notions of civil rights in the United States, - A considerable amount of litigation can be expected in the future Essential elements of the crime of terrorism do NOT include: - The death of multiple victims Trafficking in persons must involve illegally bringing a person across an international border. - False Historically, terrorism has been more a part of the lives of the people of the United States than most other nations and regions. - False The largest group of victims of trafficking in persons is adult males. - False Most of the duties of the INS were incorporated into the - Department of Homeland Security
Actus Reus mean: - A guilty act Mens Rea means: - Guilty Mind The degree of blameworthiness assigned to a defendant by a criminal court and the concomitant extent to which the defendant is subject to penalties by the criminal law called: - Criminal Liability T/F The Bill of Rights refer to the first 10 amendments to the U.S. Constitution, which were made part of the Constitution in 1791. - True T/F The Executive Branch makes the Law - False T/F The Judicial Branch enforces the Law - False T/F A person who happens to be a drug user can be arrested for being a drug user. - False Possession with awareness of what one possesses is known as: - Knowing Possession Possession in which one has direct control over the object or objects in question is: - Actual possession The ability to exercise control over property or objects, even though they are not in one's physical custody is known as: - Constructive possession Possession in which one may or may not be aware of what he or she possesses is: - Mere possession T/F the two forms of mens rea are general and specific intent - True The four states of mind discusses in class were: - Purposeful, knowing, reckless, negligent T/F The executive branch interprets the law - False T/F the insanity defense is an actus reus defense - False T/F Corpus delecti translates to "the body of the crime" - True T/F there are three components to corpus delecti: 1. a certain result has been produced,
- a person is criminally responsible for it and 3. the required motive is present. - False An actual link between an actor's conduct and a result is known as: - Causation in Fact
A legally recognizable cause: the type of the cause that is required to be demonstrated in court in order to hold an individual criminally liable for causing harm is known as: - Legal Cause T/F The primary or moving cause that plays a substantial part in bringing about injury or damage that may be the first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable is known as proximate cause. - True T/F Necessary attendant circumstances refer to the facts surrounding an event and includes things such as time and place. - True Loss, disadvantage or injury or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare he or she is interested is known as: - Harm The fact that behavior cannot be criminal if no law exists that both defines is as illegal and prescribes punishment for it is known as the principle of: - Legality T/F a latin term that means after the deed or after the fact is "aftus deedus maximus" - False Is a confession alone enough to convict a defendant? - No, a confession must be corroborated T/F the double jeopardy clause means that you can't hold people criminally responsible for any particular crimes they've committed more than once - False T/F In relation to the void of vagueness rule, the court that ruled "statute which either forbids or requires the doing of an act in terms so vague that means of common intelligence must necessarily guess at it's meaning" was the 9th Circuit Court of Appeals
- False The level of seriousness of an offense is known as a: - Degree An unfinished crime that generally leads to another crime is known as a: - Inchoate Crime T/F the three types of inchoate crimes discussed in class were criminal attempt, criminal conspiracy, and criminal jurisprudence - False T/F Mere preparation to commit a crime is generally sufficient to constitute the crime of criminal attempt - False A legal test popular in England during the late 19th century which was abandoned amidst charges that the test made it impossible for the law enforcement to prevent commission of a substantive crime is known as the: - Last Act test
T/F A necessity defense is often available where an actor commits a criminal act reasonably believing it to be necessary to do so to avoid the occurrence of a greater harm - True When a defendant admits to committing the act in question but claims it was necessary to avoid some greater evil is known as a: - Justification defense Consent is which of the following types of defenses: - Justification defense T/F Self-defense is based on the recognition that individuals have the inherent right to protect themselves and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations. - True T/F Bruno Mars watches Justin Timberlake unlawfully start a fight with Pharrel Williams. Pharrel Williams begins to get the best of JT, so Bruno steps in to help JT. Bruno may NOT escape criminal responsibility by claiming that his action was the legitimate defense of others. - True A form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious as discussed in class is known as: - Apparent danger The degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary to one's self, one's property, a third party or the property of another in the face of a substantial threat as discussed in class is known as:
- Reasonable force A rule that says a person can only defend a third party under circumstances and only to the degree that the third party could act is known as the: - Alter-ego rule An exception to the retreat rule that recognizes a person's fundamental rights to be in his or her own home and also recognizes he home as a final and inviolable place of retreat as discussed in class is known as the: - Castle exception T/F a defense to a criminal charge, such as assault, that is often codified and that precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their public duties is known as execution of public duty defense. - True T/F Most states have a "Fleeing Felon Rule" - False Marco Rubio kidnaps Ted Cruz and Ben Carson at gunpoint. Marco Rubio then drives them to a bank and tells Ted Cruz to go and to the bank of Donald Trump's money or else he will kill Ben Carson. Ted Cruz robs the bank. Ted Cruz's defense to a charge of bank robbery would be: - Duress
Lack of knowledge of some fact relating to the situation at hand is know as: - Ignorance of fact T/F Culpable ignorance is an individual's failure to exercise ordinary care to acquire knowledge of the law that may result in criminal liability - True A defense that is built on the assertion that, had it not been for government instigation, crime would have occurred is known as: - Entrapment A complex of signs and symptoms presenting a clinical picture of a disease or disorder discussed in class is known as a: - Syndrome T/F A person is found competent to stand trial if, her or she, at the time of trial, has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding of the proceedings. - True NGRI stands for: - Not Guilty by Reason of Insanity T/F GBMI stands for guilty but mentally ill - True All of the following are challenges to a successful insanity defense EXCEPT: - Time spent in court T/F The time frame that competency to stand trial focuses on is the time of the crime. - False The Durham Rule is also known as the: - Product Rule
