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Criminal Law 7th Edition by John M. Scheb – Test Bank

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Exam Questions

Chapter 2: Organization of the Criminal Justice System

 

 

True/False:

 

1. The Federal Bureau of Investigation is housed within the U.S. Department of Justice.

 

ANS: T               REF: 31           LO: 2

 

2. The governmental institution with responsibility for enacting laws is the legislature.

 

ANS:  T              REF: 26           LO: 2

 

3. Law enforcement agencies are the “gatekeepers” of the criminal justice system.

 

ANS: T               REF: 32           LO: 2

 

4. Assistant U.S. Attorneys are appointed by the President, subject to the consent of the Senate.

 

ANS: F               REF: 33           LO: 5

 

5. Only those persons accused of felonies have a constitutional right to retain lawyers for their defense.

 

ANS: F               REF: 34           LO: 5

 

6. Appellate courts are primarily fact-finding bodies.

 

ANS: F               REF: 38           LO: 7

 

7. The intermediate appellate courts in the federal judicial system are the United States District Courts.

 

ANS: F               REF: 39           LO: 7

 

8. Each state has its own independent judicial system.

 

ANS: T               REF: 42           LO: 7

 

 

9. According to the authors, state courts handle more than 90% of the criminal prosecutions in the United States.

 

ANS: T               REF: 42           LO: 7

 

10. Crimes committed by persons in military service are ordinarily prosecuted in proceedings before courts-martial.

 

ANS: T               REF: 40           LO: 8

 

11. Under our system of federalism, the national government and each of the fifty states operates its own system of criminal justice.

 

ANS: T               REF: 27           LO: 1

 

12. Because the federal government and the government of each state enacts its own criminal laws and has its own system of courts to interpret those laws, there are significant variations across the states and between the state and federal systems.

 

ANS: T               REF: 42           LO: 1

 

13. State legislatures have very narrow powers to enact laws to further the public safety, order, health, and welfare.

 

ANS: F               REF: 29           LO: 3

 

14. Unlike their medieval forebears, modern law enforcement agencies are largely unconstrained by laws and professional norms.

 

ANS: F               REF: 30           LO: 4

 

15. According to the authors, in the modern era the legislative powers of Congress have been exercised and interpreted quite broadly.

 

ANS: T               REF: 27-28     LO: 3

 

16. Prosecutors have broad discretion in determining whether to file charges and, if so, what charges to file.

 

ANS: T               REF: 32           LO: 5

 

17. In all criminal prosecutions except for petty offenses, indigent defendants are entitled to government-furnished counsel, usually a public defender.

 

ANS: T               REF: 34           LO: 5

 

18. Grand juries are like trial juries; they determine guilt or innocence, but only in federal criminal cases.

 

ANS: F               REF: 36           LO: 6

 

19. All appellate courts are federal courts.

 

ANS: F               REF: 38-43     LO: 7

 

20. Appellate courts correct errors made at the trial level and, where it becomes necessary, fill in the gaps of the statutory law by exercising a lawmaking function.

 

ANS: T               REF: 42           LO: 7

 

Multiple Choice:

1. At the national level, the ____________ is the primary agency empowered to investigate violations of federal criminal laws.
   1. Federal Bureau of Investigation
   2. Bureau of Alcohol, Tobacco and Firearms
   3. Secret Service
   4. Immigration and Naturalization Service

 

ANS: A              REF: 31           LO: 2

 

2. In addition to the FBI, federal law enforcement agencies include the _______________.
   1. Bureau of Alcohol, Tobacco and Firearms
   2. the Bureau of Indian Affairs
   3. the Customs Service
   4. all of these

 

ANS: D              REF: 31           LO: 2

 

3. Federal statutes are published in the ________________, an annual publication dating from 1789 in which federal statutes are arranged in order of their adoption.
   1. Federal Register
   2. Code of Federal Regulations
   3. Supreme Court Reporter
   4. United States Statutes at Large

 

ANS: D              REF: 28           LO: 3

 

 

4. The most popular compilation of the federal law used by lawyers, judges, and criminal justice professionals is the __________________.
   1. Federal Register
   2. Code of Federal Regulations
   3. S. Code Annotated
   4. Compendium of Federal Legislation

 

ANS: C               REF: 28           LO: 3

 

5. Congress’s legislative power may be divided into two broad categories: enumerated and _______ powers.
   1. concurrent
   2. inherent
   3. plenary
   4. implied

 

ANS: D              REF: 27           LO: 3

 

6. When state legislatures adopt statutes, they are published in volumes known as __________.
   1. reporters
   2. session laws
   3. syllabi
   4. digests

 

ANS: B               REF: 28           LO: 3

 

7. Because statutes are necessarily written in general language, legislation often requires judicial _____________.
   1. extrapolation
   2. interpretation
   3. modification
   4. specification

 

ANS: B               REF: 29           LO: 3

 

8. Because legislative bodies have enacted vast numbers of laws defining offenses that are ________, statutory interpretation assumes an importance largely unknown to the English common law.
   1. exogenous
   2. esoteric
   3. lex non scripta
   4. mala prohibita

 

ANS: D              REF: 29           LO: 4

 

9. The most frequent maxim applied by courts in determining legislative intent is the ______ rule.
   1. original package
   2. plain meaning
   3. nolle prosequi
   4. unit

 

ANS: B               REF: 29           LO: 4

 

10. In determining the meaning of the statutory term “_________,” a court would ordinarily look to the common law, which defined the term to mean “an enclosed space surrounding a dwelling.”
    1. domicile
    2. homestead
    3. cartilage
    4. residence

 

ANS: C               REF: 30           LO: 4

 

11. Defense attorneys perform all of the following functions except __________________.
    1. courtroom advocacy
    2. plea negotiation
    3. testifying on behalf of clients
    4. protecting defendants’ rights

 

ANS: C               REF: 35           LO: 5

 

12. The official who heads the U.S. Department of Justice is the ______________.
    1. Barrister General
    2. Attorney General
    3. Solicitor General
    4. Minister of Justice

 

ANS: B               REF: 31           LO: 5

 

13. In ___________ (1963), the U.S. Supreme Court greatly expanded the right to counsel by requiring states to provide attorneys to indigent defendants charged with felonies.
    1. Mapp v. Ohio
    2. Miranda v. Arizona
    3. Gideon v. Wainwright
    4. Murphy v. Waterfront Commission

 

ANS: C               REF: 34           LO: 5

 

14. The Constitution provides: “The judicial Power … shall be vested in one Supreme Court, and in such inferior Courts as the _______________ may from time to time ordain and establish.”
    1. Supreme Court
    2. President
    3. Congress
    4. Attorney General

 

ANS: C               REF: 38           LO: 7

 

15. Pretrial proceedings in the federal district courts and trials of federal misdemeanors are often handled by ____________ who are appointed by federal district judges.
    1. magistrate judges
    2. referees
    3. special masters
    4. barristers

 

ANS: A              REF: 38           LO: 7

 

16. The federal government and each of the fifty state governments maintain their own system of courts. These systems include both trial courts and _________ courts.
    1. surrogate
    2. appellate
    3. superior
    4. legislative

 

ANS: B               REF: 38-39     LO: 7

 

17. The United States ___________ Courts are the major trial courts in the federal judiciary.
    1. Circuit
    2. Superior
    3. Supreme
    4. District

 

ANS: D              REF: 38           LO: 7

 

18. The Supreme Court has jurisdiction to review, either on appeal or by writ of _________ all the decisions of the lower federal courts and many decisions of the highest state courts.
    1. mandamus
    2. attainder
    3. certiorari
    4. prohibition

 

ANS: C               REF: 39           LO: 7

 

19. Only under conditions of _________ do military tribunals have the authority to try civilians.
    1. war
    2. emergency
    3. martial law
    4. none of these

 

ANS: C               REF: 41           LO: 8

 

20. Convictions rendered by courts-martial may be reviewed by ________________.
    1. state trial courts
    2. the state supreme courts
    3. the Joint Chiefs of Staff
    4. none of these

 

ANS: D              REF: 41           LO: 8

 

21. Crimes committed by persons who are _______ are ordinarily prosecuted before courts-martial.
    1. on Indian reservations
    2. on federal reservations
    3. in the federal civil service
    4. in the military services

 

ANS: D              REF: 40           LO: 8

 

22. Decisions of courts-martial are reviewed by military courts of review in each branch of the armed forces and in certain instances appeals are heard by the United States ____________.
    1. Court of International Justice
    2. Court of Appeals for the Federal Circuit
    3. Claims Court
    4. Court of Appeals for the Armed Forces

 

ANS: D              REF: 41           LO: 8

 

23. The abuses that came to be associated with juvenile courts were addressed by the Supreme Court in the landmark case of ______________.
    1. In re Gault (1967)
    2. Gideon v. Wainwright (1963)
    3. Ex Parte Hull (1979)
    4. Mapp v. Ohio (1961)

 

ANS: A              REF: 46           LO: 9

 

 

24. In McKeiver v. Pennsylvania (1971), the Supreme Court refused to extend the right to ___________ to juvenile proceedings.
    1. counsel
    2. speedy and public trial
    3. trial by jury
    4. cross-examination

 

ANS: C               REF: 46           LO: 9

 

25. Corrections systems include ______________________.
    1. agencies that supervise probation and parole
    2. public defender offices
    3. the criminal courts
    4. none of these

 

ANS: A  REF: 49           LO: 10

 

 

Completion:

 

1. The _______________ is the oldest unit of federal law enforcement, dating back to 1790.

 

ANS: U.S. Marshals Service

REF: 31              LO: 2

 

2. In addition to the regular federal prosecutors, Congress has provided for the appointment of ______________ in cases involving alleged misconduct by high government officials.

 

ANS: independent counsel; special prosecutors

REF: 33              LO: 6

 

3. The principal trial court in the federal system is the ______________.

 

ANS: United States District Court

REF: 38              LO: 8

 

4. The U.S. Supreme Court is composed of nine justices who are appointed for life by the President with the consent of the ________.

 

ANS: Senate

REF: 40              LO: 8

 

5. Trial courts conduct criminal trials and various pretrial and post-trial proceedings, while _______ hear legal challenges to the decisions of the trial courts.

 

ANS: appellate courts

REF: 38              LO: 7

6. The U.S. Supreme Court has jurisdiction to review, either on appeal or by writ of ___________, the decisions of the lower federal courts and many of the decisions of the highest state courts.

 

ANS: certiorari

REF: 38              LO: 7

 

7. A court must have ________________, over both the subject matter of a case and the parties to a case, before it may proceed to adjudicate that controversy.

 

ANS: jurisdiction

REF: 38              LO: 7

 

8. Courts-martial may try all offenses committed by military service persons in violation of the _____________________________.

 

ANS: Uniform Code of Military Justice

REF: 40              LO: 8

 

9. Special treatment of juvenile offenders has been justified by the concept of ________, the power of the state to act to protect the interests of those who cannot protect themselves.

 

ANS: parens patriae

REF: 45              LO: 9

 

10. Criminal punishment is limited by the _______ Amendment’s prohibition of cruel and unusual punishments.

 

ANS: Eighth

REF: 47              LO: 10

 

11. State legislatures define offenses and set punishments for their states and authorize local governing bodies to enact ____________ defining minor offenses and setting penalties.

 

ANS: ordinances

REF: 33              LO: 2

 

12. Congress’s legislative powers are restricted to constitutionally enumerated and __________ powers.

 

ANS: implied

REF: 27              LO: 3

 

13. American courts adhere to the doctrine of following precedent, which is known as ________.

 

ANS: stare decisis

REF: 50              LO: 3

14. Defense attorneys assist persons charged with crimes and represent them at trial when they plead ___________.

 

ANS: not guilty

REF: 35              LO: 5

 

15. At the federal level and in many states, grand juries review evidence of criminal activity and determine whether to hand down an ________________ or presentment.

 

ANS: indictment

REF: 36              LO: 6

 

16. At the national level the _________________ hear routine appeals from decisions of the district courts.

 

ANS: U.S. Courts of Appeal

REF: 38              LO: 7

 

17. Military tribunals are empowered to try any offense by military personnel under the ____________________________.

 

ANS: Uniform Code of Military Justice

REF: 40              LO: 8

 

18. The military has an appellate system consisting of courts of review and a civilian court named the _________________________________.

 

ANS: U.S. Court of Appeals for the Armed Forces.

REF: 41              LO: 8

 

19. The _________ justice system includes specialized courts, law enforcement agencies, social services agencies, and corrections facilities that deal with delinquency as well as child neglect and abuse.

 

ANS: juvenile

REF: 45              LO: 9

 

20. Today, the focus of criminal punishment is on ______________ to prevent commission of further crimes rather than the rehabilitation of offenders.

 

ANS: incapacitation

EF: 48     LO: 10

 

 

 

Critical Thinking:

 

A 2006 law permits a federal district court to order the continued confinement of sexually violent offenders who have completed their prison sentences.  The statute was challenged on the ground that Congress lacks constitutional authority to legislate in this area.  The government asserted the Necessary and Proper Clause as the constitutional basis for the statute, but the U.S. District Court for the Eastern District of North Carolina and the U.S. Court of Appeals for the Fourth Circuit disagreed and declared the law invalid.  In United States v. Comstock (2010), the Supreme Court reversed and held that the Necessary and Proper Clause grants Congress authority sufficient to enact the challenged law.  In a dissenting opinion, Justice Clarence Thomas observed that the Court’s opinion “comes perilously close to transforming the Necessary and Proper Clause into a basis for the federal police power that ‘we always have rejected’…”

 

1. In this case, the Supreme Court exercised the power of:
   1. stare decisis
   2. habeas corpus
   3. judicial review
   4. mandamus

 

ANS: C              LO: 7               REF: 39

 

2. The law being reviewed by the Supreme Court was a:
   1. procedural rule
   2. state law
   3. local ordinance
   4. federal statute

 

ANS: D              LO:  2              REF: 27

 

3. In his dissenting opinion, Justice Thomas argued for a __________ interpretation of the Necessary and Proper Clause.
   1. narrow
   2. liberal
   3. broad
   4. novel

 

ANS: A              LO: 3               REF: 29

 

4. In this case, the lower federal courts took a __________ view of Congress’ legislative powers.
   1. broad
   2. restrictive
   3. novel
   4. liberal

 

ANS: B              LO: 3               REF: 29

 

5. The constitutional clause at issue in this case is found in _______________ of the Constitution.
   1. Article II, Section 1
   2. the Tenth Amendment
   3. Article IV
   4. Article I, Section 8

 

ANS: D              LO: 3               REF: 27

 

In Arizona v. United States (2012), the U.S. Supreme Court struck down the provisions of a state law making illegal entry into the country a state offense, banning undocumented immigrants from working in the state, and allowing warrantless arrests of those suspected of deportable offenses. Noting that the U.S. Constitution grants authority over immigration solely to the federal government, the Court held that these provisions were preempted by federal law. However, the Court refused to strike down the most controversial provision of the bill, which required police to verify immigration status if they had reasonable suspicion that someone is an illegal immigrant. The Court remanded this issue to the federal district court for a hearing on the constitutionality of the measure. The Court thus postponed to a later day a decision on the most controversial element of the Arizona law.

 

6. The Supreme Court ruled that authority over immigration belongs:
   1. solely to the federal government
   2. solely to the state governments
   3. to both to the state and federal governments
   4. to neither the state nor the federal governments

 

ANS: A              LO:  3              REF: 27

 

7. Which basic constitutional principle is involved in this case?
   1. checks and balances
   2. separation of powers
   3. due process of law
   4. federalism

 

ANS: D              LO: 1               REF: 26

 

8. Congress might have the power to enact a similar law using its:
   1. police power
   2. power to regulate interstate commerce
   3. enumerated power over immigration
   4. inherent powers

 

ANS: C              LO: 3               REF: 27

 

 

9. The Supreme Court held that states cannot:
   1. make illegal entry into the country a state offense
   2. ban undocumented immigrants from working in the state
   3. allow warrantless arrests of those suspected of deportable offenses
   4. all of these

 

ANS: D              LO: 3               REF: 27

 

10. The most controversial provision of the Arizona law:
    1. made illegal entry into the country a state offense
    2. required police to verify immigration status of suspected illegal immigrants
    3. allow warrantless arrests of those suspected of deportable offenses
    4. banned undocumented immigrants from working in the state

 

ANS: B             LO: 3               REF: 27

 

 

Essay:

 

1. How does federalism affect the administration of criminal justice in the United States?

 

ANS: Responses will vary         REF: 25-32     LO: 1

 

2. Explain the scope of Congress’s legislative power under the Commerce Clause of the Constitution.

 

ANS: Responses will vary          REF: 27-28     LO: 3

 

3. Why is it necessary for courts to interpret statutes? What principles do courts follow in statutory interpretation?

 

ANS: Responses will vary          REF: 29-30     LO: 3

 

4. How does modern policing differ from policing as practiced in the early days of the country?

 

ANS: Responses will vary          REF: 30-32     LO: 5

 

5. Explain the different functions that a defense attorney serves in the criminal justice system.

 

ANS: Responses will vary          REF:34-35      LO: 5

 

6. What is the role of a grand jury? How does it contrast with the functions that a petit jury performs?

 

ANS: Responses will vary          REF: 36-37     LO: 6

 

7. What are the principal differences between trial and appellate courts with respect to role, function and procedure?

 

ANS: Responses will vary          REF: 37-40     LO: 7

 

8. Why does the U.S. Supreme Court exercise considerable discretion in deciding which cases to review?

 

ANS: Responses will vary          REF:  39-40    LO: 7

 

9. What led to the Supreme Court’s decision in In re Gault (1967) and what impact did it have on the rights of juveniles and on the juvenile court system?

 

ANS: Responses will vary          REF: 46-47     LO: 9

 

10. What courts comprise the federal judiciary and what function does each perform?

 

ANS: Responses will vary          REF: 38-21     LO: 7

 

 

EXAM QUESTIONS

CHAPTER 4: ELEMENTS OF CRIMES AND PARTIES TO CRIMES

 

 

True/False:

 

1. Under our system of law, a person cannot be punished merely for an evil intention.

 

ANS: T               REF: 101         LO: 1

 

2. A person’s failure to act can never be the actus reus of a crime.

 

ANS: F               REF: 97-98     LO: 1

 

3. In certain instances, mere possession of an item can be classified as a crime.

 

ANS: T               REF: 98-100   LO: 2

 

4. In Robinson v. California (1962), the U.S. Supreme Court declared unconstitutional a California statute that made it an offense for a person “to be addicted to the use of narcotics.”

 

ANS: T               REF: 100         LO: 3

 

5. In prosecuting a specific-intent crime, it is necessary that a prosecutor establish a defendant’s intent, but it is not necessary that the prosecutor establish the defendant’s motive.

 

ANS: T               REF: 101         LO: 5

 

6. In a specific-intent crime, a criminal intends to accomplish a particular result.

 

ANS: T               REF: 102         LO: 5

 

7. The intent requirement has no bearing on the defenses available to the defendant in a criminal trial.

 

ANS: F               REF: 103         LO: 5

 

8. The term mala prohibita refers to crimes involving universal moral wrongs.

 

ANS: F               REF: 107         LO: 7

 

 

9. The common law did not distinguish among the various actors in felonies based on their degree of participation in the crime.

 

ANS: F               REF: 110         LO: 8

 

10. At common law, a wife could not be an accessory after the fact to a felony committed by her husband.

 

ANS: T               REF: 112         LO: 8

 

11. To be found guilty of a crime a person must commit a voluntary act, and in most instances, that act must be committed with criminal intent.

 

ANS: T               REF: 97           LO: 1

 

12. In special cases, a person can be found guilty of an offense based solely on their criminal intent.

 

ANS: F               REF: 101         LO: 1

 

13. The actus reus requirement can be fulfilled by a person’s failure to act where there is a family relationship or statutory or contractual duty to act.

 

ANS: T               REF: 97           LO: 1

 

14. The law cannot criminalize the status of being addicted to narcotics, but it can punish an alcoholic for the act of public intoxication.

 

ANS: T               REF: 100         LO: 3

 

15. The term mens rea refers to a person’s motive for doing an illegal act.

 

ANS: F               REF: 102         LO: 4

 

16. Unlike the civil law, the criminal law generally does not punish people for unintentional wrongs.

 

ANS: T`              REF: 97           LO: 4

 

17. In most instances a prosecutor must establish the defendant’s criminal intent as well as the commission of a prohibited act.

 

ANS: T               REF: 101         LO: 4

 

 

18. General intent refers to an actor’s mental purpose to accomplish a particular result beyond the act itself.

 

ANS: F               REF: 102         LO: 5

 

19. In certain crimes the intent that must be proven determines whether particular defenses are available to the defendant.

 

ANS: T               REF: 103         LO: 5

 

20. In 2011 Congress adopted the Model Penal Code

 

ANS: F               REF: 104         LO: 6

 

 

Multiple Choice:

 

1. The one indispensable element of a crime is the _________.
   1. actus reus
   2. mens rea
   3. fusion of act and intent
   4. strict liability

 

ANS: A              REF: 96           LO: 1

 

2. When a person has a given object under his or her direct physical control, that person is said to be in ______________ of that object.
   1. constructive possession
   2. actual possession
   3. effective control
   4. effective ownership

 

ANS: B               REF: 99           LO: 2

 

3. In Powell v. Texas (1968), Powell was a chronic alcoholic who was convicted of _______.
   1. disorderly conduct
   2. resisting arrest
   3. public intoxication
   4. lewd and lascivious conduct

 

ANS: C               REF: 100         LO: 3

 

 

4. Where a crime requires only proof of a ____ intent, the fact finder (i.e., the judge or jury) may infer the defendant’s intent from circumstances surrounding the commission of the criminal act.
   1. specific
   2. general
   3. criminal
   4. tortious

 

ANS: B               REF: 102         LO: 5

 

5. General intent exists when from the surrounding circumstances, the prohibited result may reasonably be expected to follow from the offender’s ___________, irrespective of a subjective desire to have accomplished such result.
   1. voluntary act
   2. design
   3. motive
   4. conspiracy

 

ANS: A              REF: 102         LO: 6

 

6. The Model Penal Code rejects the common-law terms for intent. Instead, it proposes four states of mind: purposeful; knowing; reckless; and ___________.
   1. insane
   2. comatose
   3. wanton
   4. negligent

 

ANS: D              REF: 104         LO: 6

 

7. Having consensual sexual relations with a minor is generally considered a _______ offense.
   1. strict liability
   2. mala in se
   3. civil
   4. secondary

 

ANS: A              REF: 107         LO: 7

 

8. Under English common law, one directly involved in the commission of a felony was classified as ___________.
   1. a tortfeasor
   2. a misdemeanant
   3. an accessory
   4. a principal

 

ANS: D              REF: 110         LO: 8

 

9. At common law, a person whose intentional conduct involved only indirect participation in a crime was classified as an _________.
   1. accessory
   2. innocent party
   3. ombudsman
   4. agent

 

ANS: A              REF: 110         LO: 9

 

10. Even though the common-law distinction between principals and accessories before the fact has been largely abolished, the concept of ________ as a separate offense has been retained by many jurisdictions.
    1. compurgation
    2. accessory after the fact
    3. voir dire
    4. vicarious liability

 

ANS: B               REF: 110         LO: 8

 

11. A person cannot be held criminally liable for a (an) __________.
    1. prohibited act
    2. intention
    3. misdemeanor
    4. felony

 

ANS: B               REF: 96           LO: 1

 

12. “The distinction between _________ and __________ crimes is that the former involve a particular criminal intent beyond the act done, while the latter involve merely the intent to do the physical act.”
    1. specific intent; general intent
    2. general intent; specific intent
    3. transferred intent; general intent
    4. general intent; transferred intent

 

ANS: A              REF: 102         LO: 5

 

13. “[U]nder the doctrine of ______, it is immaterial whether the defendant intended injury to the person actually harmed; if he in fact acted with the required or elemental intent toward someone, that intent suffices as the intent element of the crime charged as a matter of substantive law.”
    1. specific intent
    2. culpable negligence
    3. reckless indifference
    4. transferred intent

 

ANS: D              REF: 105         LO: 5

14. __________ is defined as “a cause that in a natural, continuous sequence, unbroken by any intervening causes, produces the consequences that occur.”
    1. Ultimate cause
    2. Proximate cause
    3. Natural cause
    4. Probable cause

 

ANS: B               REF: 109         LO: 5

 

15. When an offense is defined in a manner that a specific result must occur, the concept of causation becomes important. This is most commonly associated with _________ offenses.
    1. mala in se
    2. strict liability
    3. white collar
    4. homicide

 

ANS: D              REF: 109         LO: 5

 

16. The Model Penal Code was produced by __________.
    1. Congress
    2. the National Center for State Courts
    3. the American Law Institute
    4. the Federal Judicial Center

 

ANS: C               REF: 104         LO: 6

 

17. In _________, the Supreme Court ruled that the crime for which the defendant was prosecuted was a variant of the common-law offense of larceny and that failure to include the intent requirement in the statute did not eliminate the element of intent.
    1. United States v. United States Gypsum Co. (1978)
    2. United States v. Knight (2007)
    3. Holloway v. United States (1999)
    4. Morrissette v. United States (1952)

 

ANS: D              REF: 107         LO: 5

 

18. Many mala prohibita crimes are ________ offenses.
    1. common-law
    2. mala in se
    3. ancient
    4. strict liability

 

ANS: D              REF: 107         LO: 7

 

 

19. Actual possession exists when a person has something under his or her direct physical control; ______ possession is a more difficult thing to prove.
    1. constructive
    2. symbolic
    3. transitive
    4. retentive

 

ANS: A              REF: 99           LO: 2

 

20. Normally, to convict a person of a crime, the prosecution must prove that an actus reus occurred with a concurrent ________________.
    1. motive
    2. malice
    3. assumption of risk
    4. criminal intent

 

ANS: D              REF: 96           LO: 1

 

21. The rationale for the _____ requirement is to prevent a person from being guilty of an offense based on evil thoughts or intent alone.
    1. mens rea
    2. fusion
    3. actus reus
    4. substantial step

 

ANS: C               REF: 96           LO: 1

 

22. Which of the following is not an actus reus?
    1. the failure to file a federal income tax return when one has a legal obligation to do so
    2. swinging one’s fist at someone’s head without justification, but missing
    3. deciding to kill the man who swindled your father out of his land
    4. possessing cocaine without a prescription or any legal authority to do so

 

ANS: C               REF: 98           LO: 1

 

23. In Holloway v. United States (1999), the Supreme Court interpreted the federal carjacking statute as including a (an) __________ element.
    1. specific-intent
    2. general-intent
    3. criminal negligence
    4. reckless disregard

 

ANS: A              REF: 101-102             LO: 5

 

 

24. Which of the following laws does NOT define a specific-intent crime?
    1. A statute that defines burglary as “the unauthorized entry of a dwelling by a person with the intent to commit theft therein.”
    2. A statute defining murder that includes the language “premeditated killing of a human being.”
    3. A law making it an offense for any person “to willfully and with the intent to injure or defraud an insurance company set fire to any building.”
    4. A law making it a crime to possess controlled substances without a doctor’s prescription.

 

ANS: D             REF: 102-103             LO: 5

 

25. Laws use a variety of terms to describe the mens rea requirements of crimes, including “willfully,” “maliciously,” “wrongfully” and “__________.”
    1. deliberately
    2. recklessly
    3. negligently
    4. All of these

 

ANS: D              REF: 104         LO: 6

 

 

Completion:

 

1. The Latin term _________ means “the act of a criminal.”

 

ANS: actus reus

REF: 96              LO: 1

 

2. To establish that a defendant is guilty of a crime, the prosecution must prove the defendant committed some legally proscribed act or ___________when the law required certain action.

 

ANS: failed to act

REF: 97              LO: 1

 

3. A person who has the power and intention to control something either directly or through another person is said to be in ____________ possession of that thing.

 

ANS: constructive

REF: 99              LO: 2

 

4. _____________ is the intent to engage in a prohibited act but not necessarily to cause the harmful results that occur from that act.

 

ANS: General intent

REF: 102                        LO: 5

5. The Model Penal Code classifies culpable mental states in descending order as purpose, knowledge, recklessness, and _________.

 

ANS: negligence

REF: 104                        LO: 6

 

6. Strict liability crimes are exceptions to the common-law concept of requiring proof of a defendant’s _______.

 

ANS: criminal intent; mens rea

REF: 106 – 107  LO: 7

 

7. Many modern mala prohibita crimes are ________ offenses.

 

ANS: strict liability

REF: 107                        LO: 7

 

8. At common law parties to crimes were classified as principals, accessories before the fact and ________________________.

 

ANS: accessories after the fact

REF: 110                        LO: 8

 

9. Modern criminal law has largely abolished the distinction between principals and ______________________.

 

ANS: accessories before the fact

REF: 110                        LO: 8

 

10. Modern statutes tend to view an ____________ as being less culpable than someone who plans, assists, or commits a crime.

 

ANS: accessory after the fact

REF: 110                        LO: 8

 

11. The traditional elements of a crime are a person’s wrongful act (actus reus) and _________.

 

ANS: criminal intent; mens rea

REF: 96              LO: 1

 

12. The law recognizes two classes of possession: actual possession, where a person has something under direct physical control; and _____________, where a person has the power and intention to control something either directly or through another person.

 

ANS: constructive possession

REF: 99              LO: 2

13. At common law, crimes were classified as requiring either general intent or ________.

 

ANS: specific intent

REF: 102                        LO: 5

 

14. Laws allowing criminal liability irrespective of intent are known as ______________ laws.

 

ANS: strict liability

REF: 10  7          LO: 7

 

15. At common law, parties to felonies were denominated as __________ in the first and second degree, and accessories before and after the fact.

 

ANS: principals

REF: 110                        LO: 8

 

16. At common law, an accessory ____________ was one who procured or counseled another to commit a felony but who was not actually or constructively present at the commission of the offense.

 

ANS: before the fact

REF: 110                        LO: 8

 

17. Certain offenses, known as strict liability crimes, are exceptions to the common-law concept of requiring proof of a defendant’s _______________.

 

ANS: criminal intent

REF: 107                        LO: 7

 

18. The fact that a statute is silent on the matter of criminal intent does not necessarily mean that it defines a ____________ offense.

 

ANS: strict liability

REF: 107                        LO: 7

 

19. The __________ uses the terms purposely, knowingly, recklessly, and negligently to describe four culpable mental states allowing for criminal responsibility.

 

ANS: Model Penal Code

REF: 104                        LO: 6

 

20. Many mala prohibita crimes are strict liability offenses and therefore do not require proof of __________.

 

ANS: criminal intent

REF: 107                        LO: 7

Critical Thinking:

 

Wanda Wannabe is a fourth grade teacher at New Hope Elementary School.  A student in her class, Spike Trike, tells her that he saw another student in the class, Monty Majors, showing what appeared to be a real handgun to other students on the playground during recess.  Wannabe dismisses the story, as Spike Trike is known to be a teller of tall tales.  Later that afternoon Monty Majors shoots and kills another student in the bathroom.

 

1. Most likely, Ms. Wannabe is:
   1. in jeopardy of criminal prosecution for manslaughter
   2. in jeopardy of criminal prosecution for reckless endangerment
   3. in jeopardy of civil liability
   4. neither civilly nor criminally liable in this case

 

ANS: C               REF: 96           LO: 1

 

2. An attorney representing Wannabe in a criminal prosecution would most likely stress:
   1. that her failure to act was not the proximate cause of the student’s death
   2. that she had no duty to protect her students from weapons possessed by other students
   3. that as a teacher she is immune from criminal liability
   4. that she was not aware of a serious and imminent threat

 

ANS: A              REF: 109         LO: 5

 

Dina Dryer drives her boyfriend to a nearby liquor store in order to perpetrate an armed robbery. Dryer parks the car outside and waits while the boyfriend enters the store, brandishes a handgun and demands cash from the clerk. The boyfriend returns to the car with a bag of money and tells Dryer to “hit it.”  However, the car won’t start and within minutes both Dryer and her boyfriend are in police custody.

 

3. In this scenario the boyfriend is:
   1. an accessory before the fact
   2. an accessory after the fact
   3. a principal
   4. none of these

 

ANS: C               REF: 111         LO: 9

 

4. In this scenario Dryer would most likely be considered:
   1. an accessory before the fact
   2. an accessory after the fact
   3. a principal
   4. none of these

 

ANS: C               REF: 111         LO: 9

 

5. If we change the scenario so that Dryer has no knowledge of the crime until after it has been perpetrated and comes to the scene to rescue her boyfriend only after getting a call on her cell phone, then in most states Dryer would likely be considered:
   1. an accessory before the fact
   2. an accessory after the fact
   3. a principal
   4. none of these

 

ANS: B               REF: 111         LO: 9

 

John was stopped by police for driving his car 50 MPH in a 30 MPH zone.  John explained to the officer that his speedometer had stopped working and that he was unaware that he was exceeding the speed limit. Saying “tell it to the judge,” the officer cited John for speeding.

 

6. If John chooses to contest the charge in court, he will likely:
   1. be found not guilty because he really had no intent to exceed the speed limit
   2. be found not guilty because the speeding was due to a mechanical problem over which John had no control
   3. be found guilty because speeding is a strict liability offense
   4. be found guilty because any reasonable person whose car was moving at 50 MPH would know that he was driving well beyond 30 MPH.

 

ANS: C               REF: 108         LO: 7

 

Michael is addicted to oxycodone and has committed a series of residential burglaries in which he has stolen various prescription drugs, money and other valuables from people’s homes. Michael has been assisted in these burglaries by his roommate Steve, who is not a drug user. Steve’s role has been that of lookout and getaway car driver.  Both Michael and Steve are now in police custody and facing multiple counts of burglary and theft. The new assistant public defender assigned to represent Michael and Steve plans to mount a defense based on the Supreme Court’s decision in Robinson v. California (1962).

 

7. The trial judge will most likely hold that:
   1. Michael’s addiction absolves him of criminal responsibility in this case.
   2. Michael’s addition is irrelevant because burglary and theft are strict liability offenses.
   3. Michael can be held criminally responsible for burglary and theft of money and other property, but be cannot be convicted of theft of prescription drugs due to his addiction.
   4. The Robinson case is inapplicable because Michael is not being prosecuted for his status of being a drug addict.

 

ANS: D              REF: 100         LO: 3

 

 

8. Steve would most likely be viewed as:
   1. an accessory before the fact to these offenses.
   2. an accessory after the fact to these offenses.
   3. a principal in these offenses.
   4. neither an accessory nor a principal in these offenses.

 

ANS: C               REF: 111         LO: 9

 

Seeing his mortal enemy, Peter Pompoy, standing on a street corner with three other men, Raoul Goy opens fire with his Glock 9. Two of the men, including Pompoy, are struck by bullets. Goy flees the scene and hides out in a cabin belonging to his good friend, Marcus Morse.  Goy tells Morse what has happened and gets him to agree to shelter him until “things cool down.” However, Morse’s girlfriend alerts police to Goy’s whereabouts.  Pompoy subsequently recovers, but the other victim, Jackson Jive, dies of his wounds. Prosecutors are contemplating which charges to bring against Goy.

 

9. Which of the following statements is NOT true?
   1. Goy can be charged with the attempted murder of Peter Pompoy.
   2. Goy can be charged with the premeditated murder of Jackson Jive.
   3. Morse can be charged as an accessory after the fact.
   4. Goy cannot be guilty of any unlawful killing of Jackson Jive because he intended to kill only Pompoy.

 

ANS: D              REF: 105-106             LO: 5

 

10. Which of the following legal concepts comes into play in this case?
    1. transferred intent
    2. act of omission
    3. proximate cause
    4. constructive possession

 

ANS: A              REF: 105                     LO: 5

 

 

Essay:

 

1. Under what circumstances might a person’s failure to act constitute a criminal act?

 

ANS: Responses will vary          REF: 97-98     LO: 1

 

2. Distinguish between actual and constructive possession using hypothetical examples.

 

ANS: Responses will vary          REF: 99           LO: 2

 

 

3. Distinguish between the concepts of motive and intent in the criminal law.

 

ANS: Responses will vary          REF: 101         LO: 5

 

4. Explain why it is important to determine the intent required by a criminal statute.

 

ANS: Responses will vary          REF: 109         LO: 5

 

5. What is the difference between general and specific intent? Illustrate with language indicating a specific-intent statute.

 

ANS: Responses will vary          REF: 102         LO: 5

 

6. Why is proving causation important in prosecuting certain specific-intent crimes?

 

ANS: Responses will vary          REF: 109         LO: 5

 

7. What states of mind does the Model Penal Code propose in lieu of the common-law requirements of general and specific intent?

 

ANS: Responses will vary          REF: 104         LO: 6

 

8. Discuss the rationale for the modern judicial development of strict liability offenses. Mention some specific strict liability offenses.

 

ANS: Responses will vary          REF: 106-109             LO: 7

 

9. Why did the common law distinguish among various participants in felonies?

 

ANS: Responses will vary          REF: 110         LO: 8

 

10. How do modern statutes treat the liability of participants in felonies?

 

ANS: Responses will vary          REF: 111         LO: 8