Unit 3 Examination BCJ 360 Criminal Law

Unit 3 Examination BCJ 360 Criminal Law

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)

1. Being a(n) __________ is not quite as serious as being a(n)__________, as one who assists after the crime may engage in behaviors that are far more innocuous than helping with the commission of a crime.

a. partner; accomplice b. accessory; accomplice c. partner; accessory d. accomplice; accessory

2. A(n) __________ most often assists before and during the crime, while the __________ typically helps after the fact.

a. partner; accomplice b. accessory; accomplice c. partner; accessory d. accomplice; accessory

3. To succeed at this defense the individual must notify the principal and neutralize the effects of any assistance offered to that point.

a. abandonment defense b. insanity defense c. age defense d. duress defense

4. This form of liability is not possible when one of the parties to the crime is protected by applicable statue.

a. accomplice liability b. vicarious liability c. strict liability d. corporate vicarious liability

5. In this defense a defendant may claim that he or she assisted in the commission of a criminal act but chose to withdraw from the collaborative effort.

a. insanity defense b. age defense c. creative excuses defense d. abandonment defense

6. This liability involves two or more parties but it takes only one party’s actions to trigger liability.

a. corporate vicarious liability b. vicarious liability c. accomplice liability d. strict liability

7. An out-of-court statement offered as evidence for the truth of the matter asserted is known as:

a. an overt act b. hearsay c. bootstrapping d. the Pinkerton Rule

8. This type of large-scale conspiracy is one in which one central actor has control of all of the aspects of the conspiracy, while the other members of the conspiracy have control of only one aspect.

a. chain conspiracy b. spoke and wheel conspiracy c. wheel and chain conspiracy d. spoke conspiracy

9. This type of large-scale conspiracy is one in which the individuals at one end of the conspiracy are not aware of the individuals at the other end.

a. chain conspiracy b. spoke and wheel conspiracy c. wheel and chain conspiracy d. spoke conspiracy

10. This defense to conspiracy provides that a conspiracy cannot occur when two persons are required for the commission of a crime.

a. abandonment b. withdrawal c. impossibility d. Wharton’s Rule

11. This is an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.

a. conspiracy b. complicity c. solicitation d. bootstrapping

12. The __________ element of solicitation occurs when another person entices, advises, incites, orders, or otherwise encourages another to commit a crime.

a. malum in se b. malum prohibitum c. mens rea d. actus reus

13. Which does not meet the mens rea of first-degree murder?

a. willful b. voluntarily c. deliberate d. premeditation

14. The decision as to whether a first-degree murderer will be sentenced to death is usually made by the __________ in a post-trial hearing

a. jury b. judge c. prosecutor d. bailiff

15. To sentence a first-degree murderer to death, it is usually required that jurors find (1) at least __________ aggravating factor and (2) __________ mitigating circumstance(s).

a. one; no b. one; one c. two; no d. two; one

16. Any murder that is not “willful, premeditated, and deliberate” is:

a. first-degree murder b. second-degree murder c. voluntary manslaughter d. involuntary manslaughter

17. A person is guilty of __________ when a death results during his or her commission of a violent felony.

a. first-degree murder b. second-degree murder c. felony murder d. physician assisted suicide

18. Which philosophy of punishment is the primary logic behind felony murder?

a. rehabilitation b. incapacitation c. deterrence d. retribution

19. In regard to felony murder, it is the sequence of the felony from beginning to end.

a. res gestae b. stare decisis c. malum prohibitum d. mala in se

20. Unlawful offensive touching of another without consent is known as:

a. rape b. sexual assault c. battery d. assault

21. A type of assault in which the criminal intentionally places another person in fear of an imminent battery is the offense of:

a. threatened battery assault b. battery c. attempted battery assault d. assault

22. A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful is the offense of:

a. threatened battery assault b. battery c. attempted battery assault d. assault

23. The __________ of threatened battery assault is the intention to cause another person to fear imminent battery.

a. actus reus b. mens rea c. mala in se d. stare decisis

24. Assaults are often lumped into two categories: __________ and __________.

a. simple; aggravated b. grand; battery c. simple: grand d. battery; armed

25. This offense refers to the unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.

a. domestic violence b. child abuse c. kidnapping d. stalking

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