Question 2. What is mens rea? A state of mind that gives rise to criminal liability. A procedure for establishing guilt.

An offence which can only be committed by a male defendant. A Latin phrase used to describe a defendant who has been found guilty of an offence.

Question 4. Which of the following is true about strict liability? Select all that apply.

They protect people from harm. They can be used to convict defendants for serious offences. They operate as a deterrent. They only punish people who are blameworthy. There is a presumption that an offence is not one of strict liability unless this is made clear by statute. They are easier to enforce.

Question 5. Which of the following implies fault?

Mens rea. Strict liability. Actus reus. Defence.

Question 6. Which of the following is a complete defence, i.e. one that results in an outright acquittal?

Automatism. Provocation. Insanity. Self-defence.

Question 9. Where would you find the law that outlines the operation of the actus reus and mens rea in criminal law?

Criminal Law Act 1967. Crime and Disorder Act 1998. Magistrates' Courts Act 1988. Common law. Question 10. Which of the so-called defences are actually more accurately described as a denial of one of the definitional elements of the offence? You may select more than one answer.

Self-defence. Provocation. Intoxication. Duress.

Which one is correct? The study of the criminal law is a study of:

a) Liability, that is matters of guilt and innocence. b) Sentence, that is how long the offender can be sent to prison. c) Proof, that is how the defendant's guilt can be proved. d) Truth, that is what actually happened and how justice can be served.

Question 2

Which of the following is NOT an element of criminal liability? a) Mens rea b) Defence c) Motive d) Actus reus

Question 3

Most prosecutions are brought by whom?

a) The complainant b) The Serious Fraud Office c) Local Authorities d) The Crown Prosecution Service

Question 4

Who bears the burden of proof in criminal proceedings?

a) The judge b) The jury c) The prosecution d) The defendant

Question 5

What is an evidential burden?

a) It is a type of proof burden. b) It is a burden to adduce evidence to make an issue 'live' in a case. c) It means the defendant has to prove the defence of insanity. d) It means that whenever the burden of proof is reversed to the defendant, he has to prove the defence on a balance of probabilities.

Question 6

On most criminal law modules, the only two defences which the defendant has to prove are...?

a) Self-defence and mistake b) Self-defence and diminished responsibility

c) Diminished responsibility and insanity d) Insanity and mistake

Question 7

Which sentence below most accurately describes the effect of s. 8 of the Criminal Justice Act 1967?

a) It governs the admissibility of evidence. b) It states the prosecution cannot prove exactly what the defendant was thinking at the time of the commission of the crime. c) The fact-finder is bound to infer the defendant foresaw the result of his actions. d) It provides that intention or foresight are proved when the fact-finder infers it from all of the evidence.

Which of the following is false? The actus reus of an offence consists of...

a) Prohibited conduct b) Prohibited circumstances c) Prohibited consequences d) The defendant's state of mind

Question 2 Which of the following is a result crime? a) Fraud b) Theft c) Murder

d) Robbery

Question 3

Which of the following is a conduct-only crime?

a) Theft b) Murder c) Manslaughter d) Criminal damage

Question 4

Which of the following crimes cannot be committed by omission?

a) Robbery b) Murder c) Manslaughter d) Criminal damage

Question 7

Causation must be proven for which crimes?

a) Result crimes b) Conduct-only crimes c) Mens rea crimes d) Circumstance-only crimes

Which of the following is true? The mens rea of a crime is:

a) that part of the crime which relates to fault. b) that part of the crime which describes what D was thinking. c) that part of the crime which describes what D should have been thinking. d) that part of the crime which describes D's conduct.

Question 2

Which of the following is true?

a) It is for the defendant to prove he did not form the mens rea of the crime. b) Intention is assessed objectively. c) The burden of proving the mens rea lies on the prosecution. d) The mens rea of murder is intention.

Question 3

Which of the following types of mens rea is NOT assessed subjectively?

a) Intention b) Recklessness c) Wilfully d) Negligence

Question 6

Which of the following is the most accurate description of subjective recklessness? The defendant took an unjustifiable risk and:

a) foresaw the risk and took the risk anyway. b) foresaw the risk so chose not to run the risk. c) was wicked in his conduct. d) none of the above

Which of the following is the most accurate description of a strict liability crime?

a) All offences at common law. b) One for which the statutory definition does not expressly state the mens rea. c) One for which there is no mens rea for any element of the actus reus. d) One for which there is no mens rea in respect of at least one element of the actus reus.

Question 2

Which of the following statements best describes the presumption of mens rea?

a) The offence of outraging public decency is presumed to have a mens rea requirement. b) The defendant is presumed to have formed mens rea. c) Even where a statutory offence has no express mens rea word, the offence is presumed to have a mens rea requirement. d) The prosecution has to prove mens rea.

Question 8

Which of the following statements is true of the House of Lords' decision in B v DPP (2000)?

a) It was the first case to mention the presumption of mens rea. b) It abolished strict liability. c) It was not necessary to displace the presumption of mens rea. d) It was a regulatory offence.

Question 6

Which is the correct statement in respect of the actus reus of an offence under section 20 OAPA 1861?

a) Wound and cause any grievous bodily harm b) Wound and inflict any grievous bodily harm

c) Wound or cause any grievous bodily harm d) Wound or inflict any grievous bodily harm Question 7

Which of the following statements is the best description of the mens rea of an offence under s. 20 OAPA 1861?

a) Intention to wound b) Intention to cause grievous bodily c) Intention or recklessness to wound or inflict GBH d) Intention or recklessness to cause some harm

Question 8

Burstow appealed against his conviction under s. 20 on what point(s) of law?

a) Whether actual bodily harm can be caused by a silent telephone call b) Whether psychiatric harm is bodily harm c) Whether harm can be inflicted indirectly d) Both (b) and (c)

Question 9

Which is the correct statement in respect of the actus reus of an offence under section 18 OAPA 1861?

a) Wound and cause any grievous bodily harm b) Wound and inflict any grievous bodily harm c) Wound or cause any grievous bodily harm d) Wound or inflict any grievous bodily harm Question 10

Which of the following is the best description of the decision in Brown (1994)?

a) Branding a person's buttocks, at their request, is not a crime of violence or aggression. b) Sexual gratification is against the law. c) It is not in the public interest that a person should wound or cause actual bodily harm to another for no good reason. d) It is not for the criminal law to regulate the conduct of individuals in private.

Which of the following is the definition of consent in s. 74 SOA 2003?

a) A person consents if he agrees by choice, and has the intelligence to make that choice. b) A person consents if he agrees by choice, and is sufficiently sober to make an informed decision. c) A person consents if he agrees by choice, and has the freedom and capacity to make that choice. d) A person consents if he agrees by choice, and he is of the age to make that choice

Question 1. Which of the following defines mens rea?

The state of mind required for the imposition of criminal liability. Intention.

A harmful act. A state of mind that is different from that of the ordinary person.

Question 2. Which of the following is a form of mens rea? You may select more than one answer.

Carelessness. Intention. Recklessness. Deliberation.

Question 4. Which case contains the correct test of recklessness for criminal damage?

R v. Cunningham [1957] 2 QB 396. R v. G [2004] 1 AC 1034. R v. Moloney [1985] AC 905. Caldwell [1982] AC 341.

Question 5. What case should be used as the authority for the current test of oblique intention?

R v. Moloney [1985] AC 905. R v. Woollin [1999] 1 AC 82.

R v. Hancock and Shankland [1986] AC 455. R v. Nedrick [1986] 3 All 1.

Question 7. Which of the following statements is true in relation to oblique intention? You can select more than one statement.

It replaced direct intention to kill or cause GBH as the mens rea for murder. It is established if the defendant's conduct rendered death or serious injury virtually certain even if the defendant did not realise that this was the case. It is important as a means of ensuring that more defendants are convicted for murder. The courts struggled to find a test of oblique intention. Oblique intention is used to establish liability only if the defendant wanted to cause death or serious injury.

Question 8. Which of the following statements is true in relation to R v. G?

It creates a test of recklessness that is the same as subjective Cunningham recklessness. The case restates the objective standard of recklessness that was introduced by the House of Lords in Caldwell. It creates a test of recklessness that is of universal application and which replaces all other tests. It is a subjective test.

Question 9.

Which of the following defendants would benefit from the decision in R v. G if they were charged with criminal damage?

An 11-year old child. A defendant with a mental illness that made him oblivious to the consequences of his actions? A blind man. A 45-year-old solicitor.

Question 10. Which phrase encapsulates the current test of oblique intention test?

Natural consequence. High degree of probability. A very high degree of risk. Virtual certainty.

Question 1. Which of the following is true about inchoate offences? You can select more than one statement.

They are offences which can only be committed accidentally. They impose liability upon defendants who have not committed the actus reus of a substantive offence. Inchoate offences are offences created by the common law.

They can be described as incomplete or unfinished offences.

Question 2. Which of the following is an inchoate offence? You can select more than one.

Conspiracy. Intoxication. Intention. Incitement.

Question 3. Which of the following is an element of the offence of conspiracy? You can select more than one.

Agreement. Planning. Secrecy. Pressure.

Question 4. Which of the following will not result in a conviction for conspiracy?

Gerald agrees to commit a robbery with two other men who cannot be identified and who he refuses to name. Jack and Charlie agree to steal a car. Charlie is killed before they can carry out their plan. Donald agrees that he will break Ron's legs if he is charged with theft so that he will attract the sympathy of the court.

Mr and Mrs Desmond agree to kill their uncle so that they can claim their inheritance. John and his children, Kate (8) and Dave (9) agree to steal their next-door-neighbour's lawnmower.

Question 5. What is the actus reus of attempt?

An act that is more than merely preparatory to the commission of an offence. Any act which prepares the defendant to commit an offence. Any act which satisfies the actus reus of another substantive offence. An act or omission that is more than merely preparatory to the commission of an offence.

Question 6. What is the mens rea of attempt?

Intention to commit the substantive offence. It is the same as the mens rea of the offence that the defendant is attempting to commit. Intention to attempt an offence. Intention or recklessness as to the commission of an offence.

Question 8. Which of the following statements is true about incitement?

The defendant must direct the incitement at a particular person.

A defendant will be liable for incitement even if the other party would have committed the offence anyway without his involvement. A defendant will not be liable for incitement if the recipient refuses to commit the offence. It requires that some form of compulsion or pressure is placed upon another person to force them to commit an offence. It is a common law offence.

Question 9. What is the importance of DPP v. Armstrong [2000] Crim LR 379?

It confirmed that the mens rea of incitement is determined solely by reference to the defendant's state of mind. It detailed the sorts of behaviour that could amount to incitement. It outlined the meaning of 'more than merely preparatory'. It provided guidance as to the nature of the agreement required for conspiracy.

Question 10. What is the mens rea of conspiracy?

Intention to commit the substantive offence. Intention to agree to commit an offence. Intention to conspire. Intention to carry out a course of conduct and intention to commit the substantive offence.

Question 1. What is the actus reus of secondary liability?

Assisting an offender. Aid, abet, counsel or procure. Aiding and abetting. Acting as an accessory.

Question 2. Which statement is true with regards the distinction between (a) joint principals and (b) principal and accessory?

There is no distinction. These are different ways of describing the same relationship. Joint principals is used to describe a situation where both parties are present at the scene whereas an accessory is never present at the scene with the principle. Joint principals is used to describe a situation in which both parties have done exactly the same thing, e.g. both have stolen property, whereas principal and access describes a situation in which two people commit different offences whilst in each other's presence. Joint principals both make a contribution to the actus reus of the substantive offence whereas an accessory provides assistance but makes no contribution to the actus reus of the substantive offence.

Question 3. What is the significance of R v. English [1997] 3 WLR 959?

It provides an example of effective withdrawal from participation. It outlines the mens rea of secondary liability.

It provides an example of ineffective withdrawal from participation. It addresses the circumstances in which departure from a common plan will absolve one party from liability for the acts of the other.

Question 5. What is the mens rea of secondary liability?

An intention to assist the principal and knowledge of the circumstances surrounding the offence. Awareness that an offence may be committed. An intention to assist and knowledge of the precise details of the planned offence. An intention to assist the principal offender in the commission of the planned offence.

Question 6. If the principal offender unexpectedly produces a weapon that his accessory did not know that he possessed, what factor will determine whether the accessory is liable for offences arising from its use?

The 'propensity to cause harm' test in which the dangerousness of the weapon is evaluated. The 'foreseeability test', in which the court determines whether, in all the circumstances, the accessory should have foreseen the possibility of the principal using a weapon. The 'violent offender' test in which the court asks whether the accessory was aware that the principal offender had violent tendencies. The 'dangerous weapon test' in which the court consults a table that rates the relatively dangerousness of various weapons.

Question 7. Which of the following satisfies the actus reus of secondary liability?

Gerald watches Mulan beat a policeman to death and does nothing to intervene. Mulan gives Gerald the code which will disarm the burglar alarm at his mother's house. Gerald gives Mulan a lift to the pub, not realising that Mulan wanted to kill someone who was inside. Mulan offers Gerald 500 to smash his ex-girlfriend's car windscreen. Gerald needs the money so agrees.

Question 8. Which of the following encapsulates the principle outlined in Maxwell v. DPP for Northern Ireland (1979) 68 Cr App R 128?

An accessory is not liable if the principal misleads him about the nature of the offence which is planned. An accessory cannot be liable of the principal does not tell him what offence is going to be committed. An accessory is only liable if the principal commits an offence of which he has 'clear and precise' knowledge. An accessory will be liable if he does not have precise knowledge of the principal's plans but the principal goes on to commit one of a range of offences that were within the accessory's contemplation.

Question 9. Which of the following is an example of a principal and accessory relationship? Jack attacks Tess in the street. Charlie sees what is happening and joins in to assist Jack. Tess suffers serious injuries. Jack and Charlie agree to commit a robbery. Jack points a gun at the cashier whilst Charlie grabs the money. Jack breaks his ex-wife's house and rapes her. He uses her telephone to call Charlie, tells him what he has done and asks if Charlie will come and pick him up. Charlie drives Jack home. Jack and Charlie agree to burgle a house. Jack waits outside whilst Charlie breaks into the house.

Question 10. Why does the law impose liability on those who assist with the commission of an offence but who do not actually contribute to the actus reus of the substantive offence?

It is morally wrong to assist someone in the commission of an offence. Assisting with the commission of an offence often involves unlawful activity such as providing a prohibited weapon. It is a good way to increase conviction rates for crime as it involves convicting more than one person for the same offence. The law recognises that many offences would not be committed without the assistance provided by others.

What is the mens rea of murder?

Intention to kill or cause GBH. Intention to kill. Intention or recklessness as to killing. Intention to commit the act that causes death.

Question 2. Which statement is true in relation to the terms 'express malice' and 'implied malice'?

They are interchangeable terms that are used to describe the mens rea of murder. Express intention applies if the defendant uses a weapon to kill whilst implied intention refers to all other killings, e.g. in a motor accident.

Express malice refers to an intention to kill a particular victim whilst implied malice refers to a more general intention to kill anyone. Express malice refers to intention to kill whilst implied malice refers to an intention to cause GBH.

Question 3. Which of the following elements is no longer part of the actus reus of murder?

The King (or Queen's) peace. Death must occur within one year and a day. A person in being. Unlawful killing.

Question 4. Under what circumstances can a person who has done absolutely nothing be held liable for murder?

If the defendant is a doctor or other medically qualified expert. Only if the victim is a child. A person who has done nothing can never be liable for murder. Only if he has a duty to act and fails to do so with the requisite state of mind.

Question 5. What is the correct test of oblique intention?

The 'natural consequence' test. The 'implied malice' test.

The 'inevitability' test. The 'virtual certainty' test.

Question 6. If a person is injured and is kept alive by a life support machine, when is he regarded as dead for the purposes of murder? When life support is terminated. He is regarded as legally dead as soon as the injury which leads to the need for life support is inflicted. At the point at which life without artificial support is not possible. As soon as there is no activity within his brain.

Question 7. What factor is common to all homicide offences?

Recklessness as to the welfare of the victim. The actus reus of unlawful killing. Killing must be deliberate. The mens rea of intention to kill or cause GBH.

Question 8. Which of the following statements is true with regards the role of causation in establishing liability for murder?

If factual and legal causation are both established, the defendant will be liable for murder. Causation provides the necessary link between the defendant's act and the victim's death.

Causation attributes liability for murder to the person whose act is the most immediate cause of death. Medical treatment will never break the chain of causation.

Question 10. Where is murder defined?

Homicide Act 1957. Human Rights Act 1998. Unlawful Killing Act 2005. Common law.

The three elements of most crimes are the duty, the breach of the duty, and criminal intent.

True (correct answer) False

Generally, all the jurors must vote for conviction before a person can be convicted o a crime.

True (correct answer) False

The existence of a duty in criminal law is usually proved in court by the testimony of an expert witness.

True False (correct answer)

A witness who refuses to testify without a legal basis for the refusal may be in contempt of court.

True (correct answer) False

Procedural defenses focus on whether the alleged criminal actually committed the crime.

True False (correct answer)

It is not a crime to buy property that you know has been stolen.

True False (correct answer)

Substantive defenses include self-defense, insanity, and immunity.

True (correct answer) False

A grant of immunity can eliminate a persons right to refuse to testify on the grounds of selfincrimination.

True (correct answer) False

What is a crime for an adult is juvenile delinquency for a minor.

True (correct answer) False

The purpose of punishment is to remedy the wrong.

True False (correct answer)

What is the standard of proof in a criminal case?

Proof by clear and convincing evidence Proof by a preponderance of the evidence Proof beyond a reasonable doubt (correct answer) None of these

Under common law, how were those below the age of seven treated with regard to criminal intent?

Their criminal intent had to be proven in court They were presumed incapable of forming criminal intent (correct answer) They were treated the same as any other alleged criminal

None of these

Why would a defendant accept a plea bargain?

To avoid the risk of being convicted of a more serious offense (correct answer) To confront the accuser at the trial To save the court time and money To win favor with a judge

Criminal intent generally means that the defendant

Intended to do evil Intended to commit the act Both a and b (correct answer) None of these

Vicarious criminal liability refers to

Accomplices Burglary Children Corporations (correct answer)

Which of the following is not a constitutional right of an accused?

The right to be represented by a lawyer The right to be subject to arrest only when there is probable cause The right to refuse to testify against oneself The right to a private cell when in jail (correct answer)

What can the government do to compel a witness to testify after she or he has asserted the right of selfincrimination?

Arrest the witness Ask the judge to hold the witness in contempt Grant immunity (correct answer) Plea bargain

Which of the following would not create a procedural defense?

The denial of the right to cross-examine witnesses The establishment of an alibi (correct answer) Failure to provide the defendant with a lawyer during a criminal trial The use of force to coerce a confession

White collar crimes

Do not cause injury to people (correct answer) Involve force or violence Cause physical damage to property none of these

Which of the following is the best definition of contempt of court?

Actions that interfere with the administration of justice (correct answer) Failure to file an appeal on time Words that express disrespect for witnesses Willful disregard of the instruction of ones lawyer

The law that deals with personal injury, contracts, and property is known as A) B) C) D) tort criminal law civil law statutory law

Which of the following is not an element of a crime? A) B) C) D) actus reus mens rea parens patriae a concurrence of act and mental state

Which of the following is not a corollary to the principle of legality? A) criminal statutes should be understandable to reasonable law-abiding people

B) criminal statutes should be crafted so as not to delegate basic policy matters to policemen, judges, and juries for resolution on an ad hoc basis C) judicial interpretation of ambiguous statutes should "be biased in favor of the accused"

D) laws should require intent to violate the law, rather than the intent to commit the act that the law prohibits

Today, the criminal law in most states is A) B) C) D) common law statutory law, often derived from common law statutory law that prohibits courts from referring to common law in making decisions vague and ambiguous

The recodification of the principles of criminal responsibility, which was created by the American Law Institute, is known as the A) B) C) D) Model Penal Code Uniform Criminal Law Violent Crime Control and Law Enforcement Act Federal Penal Review

An example of punishment in the criminal justice system is A) B) C) D) loss of license to practice a profession imprisonment payment of a settlement to a victim all of the above

The notion that a social practice is desirable if it promotes human happiness more effectively than any other alternative is known as A) B) C) D) retributive theory utilitarian theory deterrence theory vengeance

10

Punishing an offender in order to cause other people to refrain from committing the same crime is an example of A) B) C) D) general deterrence individual deterrence incapacitation reform

11

Laws that impose maximum penalties for certain crimes are known as A) B) C) D) three-strike laws reform laws vengeance zero tolerance

12

The current trend in punishment is A) B) C) D) greater efforts at rehabilitation general deterrence greater discretion for judges in sentencing decisions less discretion in sentencing, and similar sentences for similar offenders

13

The practice, used in some Islamic countries, of cutting off the hands of thieves, is an example of A) B) C) D) reform modern views on punishment vengeance one-strike laws

14

Rehabilitative therapy and education are components of A) B) C) D) vengeance reform deterrence incapacitation

15

The jurisdiction of the federal government over criminal behavior A) B) C) D) is clearly spelled out in the U.S. Constitution emanates from the "necessary and proper" clause is limited to crimes of treason, counterfeiting, and crimes against the law of nations all of the above

The criminal justice system is a(n) A) B) C) D) social system body of legal rules administrative system all of the above

Police officers cruising the streets in patrol cars and watching for criminal activity are participating in the police function known as A) B) C) D) prevention detection detention arrest

The chief prosecutor in the federal system is the United States A) B) C) D) District Attorney Attorney General Secretary General Chief Judicial Officer

The U.S. Constitution requires that a defendant who is sentenced to more than six months in jail or prison A) B) is entitled to an attorney, whether or not he or she can afford one is entitled to an attorney but must pay for the attorney himself

C) is entitled to an attorney in federal courts, but this right has not been extended to defendants in state courts D) must accept representation from an attorney paid for by the state

Which of the following is not a part of the structure of the criminal justice system? A) B) C) D) law enforcement courts schools corrections

The U.S. Supreme Court has held that defendants have the right to A) B) C) D) the presumption of innocence the right to silence during police interrogation freedom from racial and sexual discrimination in substantive and procedural law all of the above

Which of the following is not considered part of the American correctional system? A) B) jails bail bondsmen

C) D)

probation departments state prisons

The decision of whether to prosecute a person who has been arrested is made by A) B) C) D) the arresting police officer the commanding officer of a police station the prosecuting attorney the defense attorney

A sum of money deposited with the court as a guarantee that the accused will appear at a future hearing is known as A) B) C) D) recognizance bail bond warrant

10

About 90 percent of all felony cases are resolved through

A) B) C) D)

release of the suspect for lack of evidence plea bargaining jury trial probation

11

Which of the following is not a basis for moving to dismiss charges against a defendant? A) B) the jury was improperly instructed the crime charged is not a violation of the jurisdiction's law

C) the facts asserted in the indictment or information, even if true, do not constitute the crime charged D) no reasonable jury could find the facts alleged on the basis of the evidence presented at the preliminary hearing

12

During a jury trial A) B) the prosecution can present a rebuttal to the defense's opening statement the defendant may be compelled to testify, but usually is not

C) the defense does not have to present any evidence if it feels the prosecution has not proven the defendant's guilt D) all of the above

13

If a defendant does not testify during a criminal trial A) B) C) the judge may refer to that fact during jury instructions the prosecutor may refer to the defendant's silence during the closing statement neither the court nor the prosecutor may mention the defendant's failure to testify

D) the jury can and will be instructed to consider failure to testify as circumstantial evidence against a defendant

14

An appeal of a criminal conviction on substantive ground may be made based on A) B) C) D) the law under which the accused was convicted is unconstitutional the facts asserted in the indictment do not constitute the crime charged the defendant was not given access to habeas corpus all of the above

15

Under federal law, a state prisoner may seek habeas corpus relief in federal court if he or she alleges that A) B) C) D) not all of the necessary elements of the crime were alleged the jury was improperly instructed the conviction violated the federal constitutional rights of the accused the charge on which the accused was convicted is not a crime

If a criminal statute is determined to be unconstitutional because it is a violation "by application" it A) B) C) D) violates a dictate of the main body of the Constitution violates a constitutional amendment is unconstitutional because of the way the law is enforced by government officials all of the above

The rights set forth in the Bill of Rights A) B) C) D) apply equally to people accused under state law and under federal law apply only to people accused of crimes under federal law apply to the states, with a few notable exceptions apply only to people accused under state law, but do not apply in federal courts

The Fourth Amendment guarantees the right to A) B) C) prosecution of serious crimes only by indictment protection from unreasonable searches and seizures due process and equal protection under the law

D)

self-incrimination

The Americans with Disabilities Act A) applies only to businesses and not to public facilities

B) requires that public transportation and public facilities be made accessible to persons with disabilities C) D) requires that people who are blind or deaf register with the government provides social services for people with disabilities

A law would be considered an ex post facto law if it A) B) makes criminal an act done before passage of the law and punishes such action aggravates a crime, making it more serious than it had been when it was committed

C) changes the legal rules of evidence, allowing evidence of guilt that is lesser or different from what the law required at the time of the commission of the crime D) all of the above

Statues that are written ambiguously or in which the words are vague may violate the due process requirement of

A) B) C) D)

fair notice clarity proportionality certainty

According to the clear and present danger test A) B) C) D) it is illegal to advocate unlawful conduct it is illegal to threaten another person it is illegal to utter obscenities in public speech that by its very utterance inflicts injury is not protected under the constitution

In considering the Second Amendment, the U.S. Supreme Court has A) held that the right to bear arms is absolute

B) held that the right to bear arms must be read in conjunction with the other clause, which requires a "well regulated militia" C) held that the Second Amendment prohibits greater punishments for offenders using firearms to commit crimes D) refused to hear cases dealing with issues related to gun control

The principle that the punishment should fit the crime is known as A) B) C) D) fair notice clarity proportionality certainty

10

The U.S. Supreme Court decision that effectively created a moratorium on capital punishment was A) B) C) D) Furman v. Georgia Gregg v. Georgia Roe v. Wade Coker v. Georgia

11

The U.S. Supreme Court has held that capital punishment is A) B) C) D) appropriate for murder inappropriate for anyone under age 18 appropriate for serious felonies such as rape of an adult woman all of the above

12

The U.S. Supreme Court has held that the right to privacy is implied in the A) B) C) D) First Amendment Third Amendment Fourth Amendment all of the above

13

A woman's right to terminate a pregnancy is rooted in A) B) C) D) the right to free expression the right to bear arms the right to privacy the protection against cruel and unusual punishment

14

On the issue of consensual sexual acts between adults, the U.S. Supreme Court has A) not made a finding, leaving states free to prohibit certain sexual acts

B) held that the right to privacy includes the right of consenting adults to participate in any sexual conduct C) D) reversed state statutes criminalizing sodomy held that the right to privacy applies to heterosexuals, but not to homosexuals

15

The U.S. Supreme Court has held that the right to privacy applies to A) B) C) D) a person's right to "decide whether or not to beget a child" the right of a woman to choose to terminate her pregnancy the right to acquire and use contraceptives all of the above

A person who has committed a tort may be subject to A) B) C) D) 3 being called a criminal monetary fines imprisonment all of the above

The protections granted in the Bill of Rights apply to A) B) C) D) people accused of criminal violations people accused of civil violations people accused of either criminal or civil violations people whose actions are morally reprehensible

A form of punishment used in the United States is A) B) C) D) imprisonment death payment of fines all of the above

Legally, a person who has committed a criminal offense A) B) C) D) has committed a crime against the community at large has committed a wrong against specific individuals only will be prosecuted by the victim all of the above

A felony is A) B) C) a violent crime a crime for which punishment is usually incarceration in a county jail punishable by imprisonment for more than one year

D)

shoplifting

An offender sentenced to a fine and participation in a community corrections program was probably convicted of a A) B) C) D) felony violent felony misdemeanor minor traffic violation

The basic requirement for criminal culpability is A) B) C) D) actus reus alone mens rea, with or without actus reus a concurrence of actus reus and mens rea criminal intent, with or without voluntary action

Under the doctrine of omissions, it is illegal to A) fail to come to the aid of a person being attacked

B) C) D)

refuse to call the police after witnessing a crime fail to provide necessary medical care for a child none of the above

10

A criminal offense in which the law defines possession as an act is known as a(n) A) B) C) D) offense of omission possessory offense inchoate offense specific intent crime

11

Which of the following is not an example of specific intent? A) the intention to do an act for the purpose of doing some additional future act

B) the intention to do an act to achieve some further consequences beyond the conduct or result that constitutes the actus reus of the offense C) D) the intention to do an act with the awareness of a statutory attendant circumstance the intent only to do the actus reus of the crime

12

A doctrine that holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended is known as A) B) C) D) specific intent general intent transferred intent criminal culpability

13

If a person knows that his or her actions are criminal, he or she A) B) C) D) acts purposely with respect to result or conduct acts purposely with respect to attendant circumstances knowingly causes a result acts knowingly with respect to conduct and attendant circumstances

14

A person who acts recklessly A) B) C) D) ignores a substantial and unjustified risk should have been aware of a substantial and unjustified risk failed to act when required to do so accidentally causes social harm

15

The cause of the social harm in a criminal act that is determined by the but-for test is the A) B) proximate cause intervening cause C) D) cause-in-fact

dependent cause

A person who aids and abets another in the commission of a crime is known as A) B) C) D) an accomplice an accessory before the fact an accessory after the fact a principal

The idea that one person can be liable for the criminal acts of another is known as A) B) C) D) transferred intent transferred liability accomplice liability criminal facilitation

A person who aids in the commission of a crime, but is not actually present when the crime is committed is referred to as A) B) D) an accomplice an accessory a principal in the second degree

A person who provides a criminal with a plane ticket to help them leave a jurisdiction would be considered A) B) C) D) an accessory before the fact an accessory after the fact a principal in the first degree a principal in the second degree

An accomplice may contribute to the commission of a crime by A) B) C) being present at a crime scene and prepared to offer assistance if needed providing a weapon for use in a crime failing to prevent the abuse of his own child

D)

all of the above

A gun store owner who sells a gun that is later used in a robbery A) B) C) robbery D) can be held liable as a principal in the robbery cannot be held liable as an accomplice can be held liable as an accomplice if he knew the gun could be used in a robbery can be held liable as an accomplice if he knew the buyer intended to use the gun in a

A person who knowingly aids another, but does not intend that the first person commits the underlying offense may be guilty of A) B) C) D) accessory before the fact accessory after the fact criminal facilitation being an accomplice and be charged with the same crime as the principal

A police officer who arrests someone for possession after he has convinced them it is legal to possess marijuana, but not smoke it, may be

A) B) C) D)

an agent provocateur guilty of entrapment a feigning primary party acting as the victim

A crime that can only be done by a person him- or herself, and not by an agent, is considered A) B) C) D) a nonproxyable offense a felony entrapment a conspiracy

10

An accomplice who wishes to abandon a criminal enterprise is absolved of liability if he A) B) C) silently renounces the criminal plot relinquishes responsibility tells the principal he is withdrawing

D) tells the principal he is withdrawing and removes any aid he has given, such as tools or weapons, to the enterprise

11

The person who uses an innocent agent to commit a crime is considered the A) B) C) D) principal accomplice accessory before the fact agent provocateur

12

If a principal actor is acquitted A) B) C) D) all accomplices must also be acquitted the accomplice can be convicted even if the conduct of the principal was justified the accomplice will be acquitted under the doctrine of innocent agency the accomplice may be convicted, even if the principal was legally excused for the crime

13

Today, an accomplice A) cannot be convicted of a greater criminal offense than the offense for which the principal was convicted B) can be convicted of a greater criminal offense than the offense for which the principal was convicted C) can be criminally liable for any action that furthers a criminal act, whether it was intended or not D) cannot be convicted of a crime if the principal is not convicted of a crime

14

In order to be guilty of conspiracy A) a person must only agree to participate in a single crime

B) a person need only perform an action that furthers a criminal act, whether it was intended or not C) D) a person must agree to an ongoing criminal enterprise a person must actively participate in every criminal act performed by the conspiracy

15

An agreement between two or more people to achieve a criminal purpose is A) B) C) D) an accomplice a conspiracy a criminal agreement racketeering

Attempt, conspiracy, and solicitation are the most common A) B) C) unsuccessful crimes inchoate crimes crimes discovered by police

D)

crimes of prevention

Society punishes attempted crimes because A) it would be unduly burdensome to require society to wait until someone is harmed before dispensing punishment for the intended act B) failing to punish attempts would greatly hamper the ability of the police to prevent or intervene in the commission of a substantive crime C) D) society has an interest in preventing harm all of the above

Which of the following is not necessarily a stage in the commission of a crime? A) B) C) D) the actor conceives of the idea of committing the crime the actor informs an accomplice of his intention to commit the crime the actor evaluates the idea, considering whether or not to proceed the actor commences commission of the offense

Attempt is considered a A) B) C) specific intent crime general intent crime felony

D)

all of the above

The test of attempt that would require an arsonist actually set the fire before they could be liable for attempt is the A) B) C) D) last act test physical proximity test dangerous proximity test indispensable element test

The test that focuses on whether the actor possesses the necessary instruments to carry out the offense is the A) B) C) D) physical proximity test dangerous proximity test indispensable element test unequivocality test

The test relied on by the MPC for the actus reus of attempt is the A) physical proximity test

B) C) D)

dangerous proximity test indispensable element test substantial step test

Which of the following would not be considered a substantial step toward the commission of a crime under the substantial step test? A) B) C) D) lying in wait for the contemplated victim of a crime unlawfully entering a structure which one has contemplated burglarizing planning to solicit an innocent agent to engage in criminal conduct soaking rags in gasoline

A person who attempts to detonate a fake bomb might use the defense of A) B) C) D) factual impossibility legal impossibility abandonment all of the above

10

In some cases, the distinction between factual and legal impossibility fails. These cases are known as A) B) C) D) genuine legal impossibility "hybrid" legal impossibility abandonment unequivocality

11

A defendant who claims to have freely and voluntarily abandoned a crime before it is completed is using the defense of A) B) C) D) genuine legal impossibility "hybrid" legal impossibility abandonment unequivocality

12

When one person asks another person to commit a crime, this is known as A) B) C) D) abandonment solicitation conspiracy all of the above

13

An example of a conspiracy is A) B) C) robbery D) Dick threatens Dan with a gun and forces him to rob a bank Dick and Dan discuss robbing a bank Dick asks Dan to rob a bank Dick and Dan agree to rob a bank and Dan buys a gun and a mask to use during the

14

Agreeing to participate in a criminal enterprise is the A) B) C) D) mens rea of conspiracy actus reus of conspiracy proof of liability of conspiracy actus reus of solicitation

15

A defense for conspiracy is A) B) C) D) abandonment factual impossibility legal impossibility all of the above

An argument that would be part of a failure of proof defense would be A) B) C) D) the defendant was not at the scene when the crime occurred the defendant was misidentified as the offender the defendant thought he was firing at a tree, rather than a human being all of the above

A defense in which the defendant admits to the existence of all the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted is A) B) C) D) an affirmative defense an aggressor defense a failure of proof defense all of the above

A defense that suggests that the victim did something to warrant the defendant's conduct is

A) B) C) D)

an excuse defense a failure of proof defense a justification defense an aggressor defense

An example of an excuse defense is A) B) C) D) the crime was committed by a 5-year-old child, too young to form mens rea a defendant argues that he killed a man who attacked him with deadly force a defendant argues that his criminal act prevented a greater criminal act from occurring all of the above

Which of the following is not a justification-based defense? A) B) C) D) self-defense defense of others failure of proof necessity

An element that must be proved for an acquittal based on the argument of self-defense is A) B) C) D) the necessity of using force the proportionality of the force to the threat the reasonableness of the belief that force was necessary all of the above

A case in which a person can argue self-defense even if an attack was not imminent would be in the case of A) B) C) D) a person who kills an attacker during a fight in a bar a battered wife who kills her husband after years of abuse a person who is defending his or her child a person who is defending his or her home

Under the MPC, a condition that must be met in order for the defense of another to be asserted is A) self-defense the actor must use such force as he or she would be entitled to use in his or her own

B) under the circumstances as the actor believes them to be, the third person must be legally justified in using such protective force C) person the actor must believe that his or her action is necessary for the protection of the third

D)

all of the above

Under the MPC, a person defending his or her home A) B) C) D) may use deadly force to prevent the trespass may use deadly force if he or she reasonably believes the intruder is armed may use reasonable, but not deadly force may use deadly force if the intrusion is accompanied by a threat of deadly force

10

Which of the following is not an instance in which law enforcement officers are allowed to use nondeadly force? A) B) C) D) to force a suspect to confess to a crime to stop and arrest someone who is committing a crime to prevent an escape from custody to suppress riots and disorders

11

Which of the following is not a condition that must be met in order for a police officer to use deadly force to make an arrest to prevent an escape?

A) B) C)

when the officer believes force is necessary when the arrest is for a felony or a serious misdemeanor when the officer makes known to the suspect the purpose of the arrest

D) when the officer believes that the use of deadly force creates no substantial risk of harm to innocent bystanders

12

The defense that is sometimes called the "lesser of two evils" is A) B) C) D) necessity self-defense law enforcement defense battered woman's defense

13

A person who commits an unlawful act because of the threat of imminent death or serious bodily injury is entitled to assert the defense of A) B) C) D) coercion duress intoxication diminished capacity

14

A person who cannot rationally consult with his attorney may be deemed A) B) C) D) insane incompetent incontinent intoxicated

15

Under the MPC test for insanity A) it must be proved that at the time of the offense, the accused was laboring under such a mental illness as to not know that the action was wrong B) the accused must be found not guilty if the fact-finder concludes that the accused had a mental disease that kept him or her from controlling his or her conduct C) a person is not responsible for his criminal conduct if he or she lacked substantial capacity to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law D) a person is excused if he or she proves by clear and convincing evidence that at the time of the offense, as a result of a severe mental disease or defect, he or she was unable to appreciate the nature and quality of his act

A person with malice aforethought may reveal the intent to A) B) kill inflict grievous bodily injury

C) D)

show extreme reckless disregard for human life all of the above

The killing of one human being by another is A) B) C) D) homicide criminal homicide murder manslaughter

In some states, the killing of a fetus is a criminal homicide that is called A) B) C) D) abortion feticide infanticide embryocide

An example of a criminal homicide is

A) B) C) D)

first-degree murder second-degree murder manslaughter all of the above

A death that is considered criminal homicide A) B) is any death caused by the action or omission of another human being is any death that occurred without lawful justification

C) is caused by an act or omission by another human being with criminally culpable mens rea and without lawful justification or excuse D) is caused by an act or omission by another human being with criminally culpable mens rea, with or without lawful justification or excuse

The primary difference between murder and manslaughter is A) B) C) D) murder requires a voluntary act murder lacks lawful justification or excuse manslaughter involves malice aforethought murder involves malice aforethought

The requirement that murder occur with malice aforethought means A) B) C) the killer must have planned the murder the accused must have hated the victim the accused had an abandoned and malignant heart

D) the accused was angry prior to the action that caused the death, although not necessarily toward the intended victim

Which of the following would not be included under the felony murder rule? A) B) C) D) an arsonist who accidentally killed himself while setting fire to a building an innocent bystander killed during an arson fire a teller in a bank killed when she refused to give money to a robber a store owner who was killed during an armed robbery

Which of the following is not an inherently dangerous felony? A) B) C) D) forgery rape arson residential burglary

10

An example of murder in the first degree is A) B) C) D) an intentional and premeditated killing an unintentional killing by means of a bomb a killing during the commission of an inherently dangerous felony all of the above

11

Which of the following is not considered evidence of premeditation under California law? A) B) C) planning prior to the killing evidence of a motive evidence that the accused knew the victim before the killing

D) a manner of killing so particular and exacting that the defendant must have intentionally killed according to a 'preconceived design'

12

Under the common law rule for manslaughter, in order for the accused to make a successful provocation defense A) he or she must have acted in the heat of passion

B) provocation C)

he or she must have acted in the heat of passion that was caused by legally sufficient

the accused must have met a level of provocation that caused him or her to lose control

D) he or she must have acted in the heat of passion caused by legally sufficient provocation of such a degree that a person of reasonable ordinary temperament would lose normal self-control

13

Which of the following is no longer considered a legally relevant provocation for a heat of passion defense? A) B) C) D) harmful battery a known illegal arrest an assault with the intent to kill infidelity of a spouse

14

In some states, a private citizen who mistakenly uses deadly force can be held criminally liable for the death of the victim under the doctrine of A) B) C) D) mistaken justification voluntary manslaughter heat of passion adequate provocation

15

A specific category of homicide that would include a drunk driver who causes an accident that kills his or her passenger is A) B) C) D) murder involuntary manslaughter vehicular manslaughter murder in the second degree

Shoving another person would be considered A) B) C) D) assault aggravated assault battery attempted battery

An example of aggravated battery is A) B) C) a defendant placed poison in the victim's drink a defendant threatened to kill the victim the defendant swung at a victim, but hit an innocent bystander instead

D)

a defendant punched a woman in an attempt to rape her

An example of assault is A) B) shoot." C) D) threatening to break a victim's nose all of the above pointing a gun at a victim pushing a tube of lipstick into a victim's back and saying, "Don't turn around, or I'll

Stabbing someone in the eye and permanently blinding them would be considered A) B) C) D) assault mayhem simple battery aggravated assault

In general, rape statutes cover incidents in which the sexual intercourse is A) committed

B) C) D) E)

forcibly while the victim was asleep or unconscious under circumstances in which the victim was not competent to give consent all of the above

The difference between rape and statutory rape is A) B) C) D) statutory rape involves a female under a given age, usually 17 rape can occur with or without consent if the victim consents, the man cannot be guilty of statutory rape statutory rape involves rape of a spouse

If a man forces his girlfriend to have sex against her will, this is A) B) C) D) statutory rape spousal abuse spousal rape battered wife syndrome

Rape victims suffering from rape trauma syndrome may experience A) B) C) D) dizzy spells and fainting phobias related to the circumstances of the rape increased heart rate and blood pressure all of the above

Which of the following would not be considered child molestation? A) B) C) D) an adult exposes his genitals to a child a woman asks a boy to touch her genitals a man cleans a female child's genitals while changing her diaper a person takes nude, sexually suggestive pictures of a child

10

The law that requires notification by authorities when a convicted sex offender is released from prison and moves into a community is A) B) C) D) Megan's Law the Sex Offender Notification Act The Federal Sex Offender Release Act of 1994 The Sexual Predator Recidivism Prevention Act

11

A man who beats and rapes a woman who is five months pregnant, causing her to have a miscarriage, may be charged with A) B) C) D) viability feticide assault manslaughter

12

Child abuse may include A) B) C) D) failing to provide proper nutrition hitting, striking, or beating a child sexual abuse all of the above

13

A condition in which a woman who has been the victim of spousal abuse "snaps" and kills her abuser is known as A) B) battered woman's syndrome rape trauma syndrome

C) D)

abuse trauma syndrome Electra Complex

14

Knowingly and unlawfully restraining a person and thus substantially interfering with his or her liberty is A) B) C) D) kidnapping abuse false imprisonment lawful restraint

15

If a restaurant owner believes a customer is trying to leave without paying for their meal, they may restrain the customer under the A) B) C) D) rule of legal imprisonment shopkeeper's rule rule of lawful restraint dine and dash rule

Which of the following would have been considered arson under common law? A) B) C) D) the burning of a warehouse the burning of an empty house the burning of a barn the setting of a fire that smoked, but didn't char, a house

The difference between common law arson and modern arson is A) B) C) D) modern arson is considered a crime against property only modern arson is considered a crime against habitation and property common law arson covered only a person's home common law arson covered the attempted burning of a home

Generally, today, arson is considered a crime of A) B) C) D) general intent specific intent accident fraud

Under common law, burglary included A) B) C) D) felony any unlawful entering of a dwelling any breaking and entering into any building at night any breaking and entering into a dwelling with the intent to commit a felony any breaking and entering, in the nighttime, into a dwelling with the intent to commit a

Which of the following would be considered burglary under modern burlgary laws? A) B) C) D) breaking into a warehouse during the day to steal VCRs breaking into a house at night, when no one is home, to steal a TV entering a boat during the day and stealing navigational equipment all of the above

Which of the following is not an element required for a burglary? A) B) C) D) entry of a building or dwelling intent to commit a crime inside intent to harm a building's inhabitants

Under modern burglary laws, entry could include A) B) C) D) entering a building through a window left ajar entering a stock room through a closed inner door climbing into a house through a chimney all of the above

Having a trained monkey enter a building for the purpose of stealing something inside is considered A) B) C) D) breaking constructive entry transferred liability agent entry

Under common law, the time of day when there is not enough daylight to discern a man's face was considered A) B) nighttime daytime

C) D)

the witching hour burglar's hours

10

In some jurisdictions, the sleep test is used to A) B) C) D) burglary determine whether a burglary occurred during nighttime determine whether a dwelling is occupied determine whether a building can be considered a dwelling determine whether a defendant can be charged with simple burglary or aggravated

11

Most jurisdictions require that in order for a defendant to be guilty of burglary A) he must have formed the intent to commit a crime inside the structure, either before entering or immediately upon entering the structure B) C) the structure D) he must have entered a structure and actually committed a crime inside the structure he must have formed the intent to commit a crime inside the structure before entering

he need only have unlawfully entered a building, regardless of his intent while inside

12

The difference between burglary and breaking and entering is A) B) C) D) burglary requires specific intent to commit a crime inside the structure breaking and entering requires a person to physically enter a structure breaking and entering is a lesser crime reserved for juveniles all of the above

13

A woman enters a store through a window, intent on stealing cash. When she is surprised by a clerk, she punches the clerk and leaves without taking any property. She would most likely be charged with A) B) C) D) simple burglary aggravated burglary breaking and entering assault

14

Police officers arrest a man outside a closed warehouse, wearing black, and carrying a screwdriver and lock-picking tools. The man could be charged with A) B) C) D) breaking and entering burglary aggravated burglary possession of burglar's tools

15

A person committing vehicular burglary might intend to A) B) C) D) steal the vehicle steal the stereo out of the vehicle go joyriding all of the above

An example of theft is A) B) C) D) receiving stolen goods shoplifting robbery all of the above

In many jurisdictions, stealing an item worth more than $1,000 is considered A) B) grand theft petty theft

C) D)

larceny robbery

Which of the following is not an element of larceny? A) B) C) D) property must be taken by the thief the property must belong to someone else the thief must demand money from the victim the thief must act without the victim's consent

A person who steals a watch from a victim's wrist without the victim realizing it until later can be charged with A) B) C) D) larceny from the person robbery shoplifting petty theft

Which of the following would not be considered shoplifting?

A) B) C) D)

altering the price tag on a sweater in order to get it for a lower price leaving a supermarket with a six-pack of soda without paying for it taking a purse from a shopper in a store concealing merchandise under one's clothes and walking out of the store with it

Property over which a person has voluntarily given up permanent ownership is known as A) B) C) D) public property abandoned property uncontrolled property lost and found

An element of embezzlement is A) B) C) D) misappropriation of property intent to permanently deprive the owner of possession of the property acting under color of office all of the above

A bank teller who takes $1,000 from her teller drawer is guilty of A) B) C) D) grand theft embezzlement false pretenses extortion

A person who tricks the owner of property into transferring title to the property is guilty of A) B) C) D) grand theft embezzlement false pretenses extortion

10

The crime of receiving stolen goods or property is A) B) C) D) a separate offense from theft implicit in theft the same as robbery the same as theft

11

A person who is driving a car with steering wheel damage and no keys may be guilty of A) B) C) D) receiving stolen goods embezzlement false pretenses abandoning property

12

The element of robbery that sets it apart from larceny is A) B) C) D) taking another person's property taking property without the victim's consent intent to deprive the owner of the property use of force or threat of force to take the property

13

An example of fear or intimidation in a robbery is A) B) C) a man who is 6 feet 5 inches tall demands money from a woman who is 5 feet tall pointing a gun at a victim making fists in front of a victim's face

D)

all of the above

14

A health department official who demands money from a restaurant in exchange for favorable health inspections is guilty of A) B) C) D) extortion bribery blackmail embezzlement

15

A person who has created a forged document has uttered it when she A) B) C) D) has told someone else about it has completed creating the document has presented the forged document and attempted to use it has created a document that is not authentic

Which of the following is not considered a white-collar crime?

A) B) C) D)

false advertising a monopoly wiretapping crimes against the Food and Drug Act

Because it involves the element of willfulness, tax evasion is considered A) B) C) D) a general intent crime a specific intent crime securities fraud mail fraud

In order to prove a tax deficiency, the government must show A) B) the defendant received income during the year in question the defendant received taxable income in addition to what was reported

C) the defendant received income in addition to what was reported, regardless of whether it was taxable D) the defendant had intent to defraud the government

For the purposes of tax evasion, an affirmative act is A) B) C) D) keeping a double set of books filing false tax returns placing assets in the name of a third party all of the above

The primary federal law dealing with false advertising is the A) B) C) D) Trademark Law Revision Act of 1988 (Lanham Act) Sherman Act Securities Act of 1933 Federal Food, Drug, and Cosmetic Act

A company that runs a newspaper advertisement showing a picture of a shelf for sale, but instead sells a shelf of inferior quality could be sued for A) B) C) D) false advertising mail fraud securities fraud false pretenses

Which of the following is not an element of mail fraud? A) B) C) D) intent to defraud using the U.S. Postal Service or other private interstate commercial carrier requests for money a scheme to defraud

An action that would be covered under mail fraud is A) B) C) D) mailing a fraudulent tax return sending a false loan application sending a fraudulent investment scheme in the mail all of the above

Which of the following is not a form of substantive fraud, for purposes of securities fraud? A) B) C) insider trading parking sugging

D)

churning

10

The law that makes it illegal to introduce an adulterated food or drug into interstate commerce is the A) B) C) D) Trademark Law Revision Act of 1988 (Lanham Act) Sherman Act Clayton Act Federal Food, Drug, and Cosmetic Act

11

Under the FDCA, the definition of food includes A) B) C) D) chewing gum aspirin lipstick all of the above

12

A package that was labeled "cholesterol free" when in fact the contents contained cholesterol would be considered A) parked

B) C) D)

churned misbranded adulterated

13

A primary antitrust law is the A) B) C) D) Lanham Act Clayton Act Securities Act of 1933 all of the above

14

Which of the following is not necessary to achieve a civil judgment under the Sherman Act? A) two or more entities formed a combination or conspiracy

B) the combination or conspiracy produces, or potentially produces, an unreasonable restraint of trade or commerce C) D) the restraint is on interstate trade or commerce general intent

15

An element required for an attempted monopoly conviction is A) B) C) D) specific intent to obtain a monopoly power in a given market use of unlawful means to increase market share dangerous probability that a monopoly will be obtained all of the above

Murder, rape, and kidnapping are characterized as A) B) C) D) mala prohibita mala in se mala reus actus rea

An example of an unlawful assembly is A) building B) cars C) a group of union members who are picketing an employer who begin to move toward the building carrying clubs D) all of the above a crowd celebrating a victory by a basketball team that sets a bonfire and turns over students protesting government action who block the entrance to a government

Which of the following is not a nuisance? A) B) C) something that obstructs the free use of property something that unlawfully obstructs the free passage of a navigable lake carrying a concealed weapon without a permit

D) something that interferes with the comfortable enjoyment of property by an entire community or neighborhood

A person who is involved in a car accident but does not stop to give information and assistance to other people involved in the accident would probably be charged with A) B) C) D) failure to stop hit and run reckless driving speeding

A person who is driving while drunk and drives over a curb, killing a person, is liable for A) reckless driving

B) C) D)

hit and run DUI manslaughter failure to stop

An example of a weapons offense is A) B) C) D) firing a registered weapon in a firing range carrying a weapon in your car, with or without a permit using a firearm as a club, whether it is loaded or not vehicular homicide

Which of the following would not generally be considered a deadly or dangerous weapon? A) B) C) D) a large rock a pistol a spoon a chisel

Rifles and shotguns are considered A) B) C) D) firearms assault weapons routs all of the above

Which of the following is not a guideline established by the Supreme Court for determining whether material is obscene? A) whether the average person, applying contemporary standards, would find that the work as a whole appeals to prurient interests B) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law C) value D) whether the work as a whole is utterly without redeeming social value whether the work taken as a whole, lacks serious literary, artistic, political, or scientific

10

Under the Child Protection Act of 1984 A) B) C) D) distribution of child pornography for any reason is criminal it is illegal to take pornographic pictures of a 16-year-old, but not a 17-year-old in order to be considered criminal, the child pornography must be considered obscene all of the above

11

A person who exposes his genitals in a public place is called A) B) C) D) an exhibitionist lewd a panderer a lascivist

12

The crime of prostitution occurs when A) B) C) one person asks another person to perform a sex act in return for money a person agrees to perform a sex act in exchange for money a person actually performs a sex act for money

D) a person agrees to secure another person to perform a sex act for a third person in exchange for money

13

The difference between a pimp and a panderer is A) B) a pimp works for the prostitute the panderer recruits the prostitute and sets her up in business

C) D)

a pimp provides a place for a prostitute to do business panderers live off the earnings of prostitutes

14

Which of the following is not considered gambling? A) B) C) D) playing the state lottery betting on a horse race playing poker with friends playing blackjack in a Las Vegas casino

15

In order for gambling to be considered illegal A) B) C) D) 1 it must occur outside a licensed establishment it must involve large sums of money there must be a specific law or ordinance prohibiting it it must occur outside recognized gambling areas, such as Atlantic City

Methamphetamines, cocaine, caffeine, and nicotine are classified as A) B) stimulants depressants

C) D)

hallucinogens narcotics

Opium and heroin are classified as A) B) C) D) stimulants depressants hallucinogens narcotics

Alcohol, barbiturates, and Valium are classified as A) B) C) D) stimulants depressants hallucinogens narcotics

Drugs that cause visual or auditory hallucinations include

A) B) C) D)

LSD marijuana PCP all of the above

A goal of the Uniform Controlled Substances Act of 1970 was to A) B) substances C) D) mandate uniform drug laws in all U.S. jurisdictions create uniform punishments for manufacture, sale, and possession of all controlled

achieve uniformity between the drug laws of the states and the federal government all of the above

A current trend in drug use in the United States is A) B) C) D) drug use is down use of inhanlants and Ecstasy has increased among youth use of anabolic steroids has decreased use of marijuana and cocaine has increased sharply in the past ten years

Joe was arrested while snorting cocaine and charged with A) B) C) D) actual possession constructive possession active possession possession of drug paraphernalia

Evidence that would support a charge of possession with intent to deliver is A) B) C) D) possession of a large quantity of drugs possession of manufacturing or packaging equipment statements of the person in possession of the substance all of the above

The difference between delivery of a controlled substance and drug conspiracy is A) B) C) substances D) delivery requires evidence that the person charged produced the substance conspiracy involves only the activities of selling and transporting controlled substances conspiracy is an agreement with the intent to manufacture and/or distribute controlled

delivery requires a public act

10

When some public action is taken that manifests a person's intent to engage in illegal drug activity, that person can be charged with A) B) C) D) delivery of a controlled substance drug conspiracy drug loitering drug transportation

11

A person who is growing marijuana plants in her backyard can be charged with A) B) C) D) drug transoprtation delivery of a controlled substance cultivation and possession of marijuana cultivation or possession of marijuana

12

The U.S. Supreme Court has held that a drug addict A) B) can be jailed for his or her addiction cannot be punished criminally simply for being a drug addict

C) can be punished for drug addiction, as long as the punishment is not severe enough to be considered cruel and unusual D) is not criminally liable for activities he or she participated in while under the influence of a controlled substance

13

In most jurisdictions, the blood alcohol content that determines when a driver is legally drunk is A) B) C) D) 0.25 0.18 0.1 0.05

14

Intoxication could be used as a defense against A) B) C) D) larceny rape assault domestic violence

Which of the following is not considered obstruction of justice?

A) B) C) D)

bribery perjury witness tampering forgery

Quasi-bribery differs from bribery because A) B) the official does not have to accept the bribe for the crime to be complete quasi-bribery covers private citizens who hold positions that are important to the public

C) bribery requires the payment of a significant amount of money or a substantial gift (usually more than $1,000) D) all of the above

A person who pays money to a purchasing agent in exchange for the agent's agreement that his company will purchase from them has committed A) B) C) D) perjury quasi-bribery commercial bribery obstruction of justice

A witness who provides false testimony in a criminal trial has committed A) B) C) D) perjury false swearing subornation of perjury contempt of court

At common law, a false statement given under oath outside of a judicial proceeding was considered A) B) C) D) perjury false swearing subornation of perjury contempt of court

A person who gets another person to provide false testimony in a trial has committed A) B) C) D) perjury false swearing subornation of perjury contempt of court

An activity that would be considered suppressing evidence is A) B) C) D) hiding evidence that has been subpoenaed in a grand jury investigation destroying evidence relevant to a grand jury investigation refusing to produce evidence relevant to a grand jury investigation all of the above

A person who places a bomb in the car of a person who is slated to testify in a criminal trial has committed A) B) C) D) witness tampering suppression of evidence contempt of court escape

The Model Penal Code states that when an individual is being arrested, the individual A) has the right to use force in resisting an unlawful arrest

B) has the right to use force in resisting an unlawful arrest, providing the arrestee does not use a weapon C) D) does not ever have the right to resist a law enforcement officer making an arrest may resist an officer who is making an arrest without a warrant

10

When someone refuses to report a felony in exchange for a gift or reward, they are guilty of A) B) C) D) compounding a felony misprision of a felony subornation of a felony aiding and abetting a felon

11

A person who not only fails to report a felony by takes active steps to conceal the crime, is guilty of A) B) C) D) compounding a felony misprision of a felony subornation of a felony aiding and abetting a felon

12

The crime of escape covers individuals who escape from A) B) C) D) the custody of police jail prison all of the above

13

The category of contempt of court that would cover an individual who swears obscenities at a judge is A) B) C) D) direct contempt constructive contempt criminal contempt civil contempt

14

Another term for constructive contempt is A) B) C) D) direct contempt indirect contempt criminal contempt civil contempt

15

The penalty for criminal contempt is intended as punishment and is usually A) B) C) just a fine a fine and imprisonment for a specified period of time a fine or imprisonment for a specified period of time

D) imprisonment for an indefinite period of time until the party in contempt agrees to perform his or her legal obligation

Laws that criminalize activities such as lotteries and drugs have led to A) B) C) D) the development of organized crime a safer society a reduction in those prohibited activities war

In the hierarchical structure of a crime organization, the underboss is A) B) C) D) the leader the second-in-command a member of a group of "middle managers" a personal assistant, or butler, to the leader

Crimes that would come under the heading of "racketeering" are A) B) C) D) drug operations gambling networks prostitution rings all of the above

Another term for loan sharking is A) B) C) D) bookmaking money laundering criminal usury banking

A private person, in an area in which gambling is not legal, who takes bets on sporting events and horse races on a daily basis is participating in A) B) C) bookmaking money laundering loan sharking

D)

banking

RICO criminalizes A) B) C) D) activities committed by organized crime members specifically drug sales and distribution by criminal organizations activities committed specifically by street gangs terrorist activities

An element of a criminal violation under RICO is A) B) C) D) an agreement by two or more people to commit a criminal act evidence of a single criminal act by the conspiracy unlawful activity involving an enterprise all of the above

Under RICO, a prohibited act would include A) investing income from a pattern of racketeering activity

B) C) activity D)

conducting the affairs of an enterprise through a pattern of racketeering activity acquiring or maintaining an interest in an enterprise through a pattern of racketeering

all of the above

A law developed to specifically target organized criminal activity involving drugs is A) B) C) D) RICO CCE STEP The Mann Act

10

Which of the following is not a characteristic of a modern criminal street gang? A) B) the primary activity is the commission of one of more criminal acts having an identifiable name, sign, or symbol

C) the members individually or collectively engage in or have engaged in a pattern of criminal gang activity D) felony violation of federal narcotics laws

11

Modern street gangs are similar to traditional crime organizations because A) B) they have a hierarchical structure they identify their territory with graffiti

C) membership is based on living in a particular neighborhood, rather than blood relation to other members D) all of the above

12

California enacted the Street Terrorism Enforcement Prevention Act to target A) B) C) D) money laundering international terrorism criminal street gangs prostitution rings

13

Uses or threats of violence to attain strategic and political objectives is A) B) C) D) extortion terrorism intimidation ideological violence

14

International terrorism involves A) borders B) C) D) actual violence but not the threat of violence religious persecution violence or the threat of violence that crosses national borders attacks against a government by people or groups either inside or outside the nation's

15

Under ant-terrorism legislation passed by Congress, the maximum penalty for terrorist acts is A) B) C) D) imprisonment of 25 to 75 years life imprisonment life imprisonment without possibility of parole death