American Criminal Law Practice
Questions
Course Introduction
American Criminal Law provides a comprehensive overview of the principles, processes, and structures that define criminal justice in the United States. This course explores key concepts such as the elements of crimes, the distinction between felonies and misdemeanors, defenses to criminal liability, and the constitutional protections afforded to individuals during the criminal process. Through analysis of landmark cases, statutory law, and legal theory, students will develop an understanding of how criminal laws are created, interpreted, and enforced within the American legal system. The course also examines contemporary issues in criminal law, including evolving trends in punishment, policing, and the impact of social and political factors on legal practices.
Recommended Textbook Criminal Law 1st Edition by John L. Worrall
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Chapter 1: The Basics of Criminal Law
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Sample Questions
Q1) A _________ opinion agrees with the majority decision but for different reasons. Answer: concurring
Q2) What protection is provided by the Fourth Amendment?
A)Self-incrimination
B)Due process violations
C)Unreasonable searches and seizures
D)Cruel and unusual punishments
Answer: C
Q3) The lowest courts at the state level are courts of general jurisdiction.
A)True
B)False
Answer: False
Q4) _________________________are courts that have jurisdiction over relatively minor offenses and infractions. A traffic court fits in this category.
Answer: Courts of limited jurisdiction
Q5) A dual system of state and federal court systems exists today.
A)True
B)False
Answer: True
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Chapter 2: Limitations on the Criminal Law
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Q1) An interpretation of the U.S. Constitution that suggests a system wherein the only powers vested in the federal government are those explicitly listed in the document, with the remaining powers being left to the states, is known as:
A)Triple federalism
B)Bi-federalism
C)Uni-federalism
D)Dual federalism
Answer: D
Q2) Common law offers one distinct advantage in that it offers a means of punishing inappropriate conduct that legislatures could not have anticipated or made criminal.
A)True
B)False
Answer: True
Q3) A law enacted in order to retroactively punish behavior is known as the ex post factus law, which means "before the fact."
A)True
B)False
Answer: False
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4
Chapter 3: The Elements of Criminal Liability
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Sample Questions
Q1) When considering ignorance or mistake, how many situations may exist to serve as defense to criminal liability?
A) Two
B) Three
C) Four
D) One
Answer: B
Q2) ____________________ is known as attendant circumstances, the requirement for a specific circumstance to be present.
Answer: Circumstantial element
Q3) What is the Latin expression for criminal intent?
A) Mans reus
B) Actus reus
C) Mens rea
D) None of the above
Answer: C
Q4) __________________ exists when the defendant claims to misunderstand the law as it applies to the specific circumstances.
Answer: Mistake of law
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Chapter 4: Justification Defenses
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Sample Questions
Q1) The Model Penal Code allows an ordinary citizen to use force to prevent a person from committing suicide.
A)True
B)False
Q2) The Model Penal Code sanctions the use of _____________ force in "self-protection" when "the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion."
Q3) Deadly force is authorized against an intruder if the actor believes the intruder is seeking to dispossess him of his dwelling, the intruder has no claim of access to the property, and the force is immediately necessary.
A)True
B)False
Q4) ___________________ is a defense that prevents conviction if the defendant's actions were so trivial or minor in relation to the intent of the criminal law.
Q5) New Hampshire, Vermont, New York, Pennsylvania, Virginia, Iowa, South Dakota, Nebraska, New Mexico, Idaho, and Nevada are states with _________________.
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Chapter 5: Excuse Defenses
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Q1) An intoxicated person may also be "insane," if only temporarily.
A)True
B)False
Q2) In its simplest form, the entrapment defense arises when government officials "plant the seeds" of criminal _________________.
Q3) In <I>Sherman v. United States</I>, the Supreme Court adhered to what particular type of test that focuses on offender predisposition?
A)Objective test
B)Rejective test
C)Subjective test
D)Reflective test
Q4) Most states have very few methods or ways to impose adult sanctions on juvenile offenders.
A)True
B)False
Q5) Legislative exclusion may also be known as _______________ exclusion.
Q6) The defendant's competence to stand trail is usually considered in a _____________ pretrial hearing.
Q7) ______________ defenses, while controversial, are essential.
Page 7
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Chapter 6: Complicity and Vicarious Liability
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Q1) If a company rejects the government's offer for deferred _____________, that company can face dire circumstances.
Q2) There are many forms and theories of vicarious liability; all of which are criminal.
A)True
B)False
Q3) If someone solicits, encourages, or commands another to offend, then he is an accessory before the fact.
A)True
B)False
Q4) Discuss the term actus reus and evaluate the relevance of this term to a person who assists a principal in the commission of a crime. Analyze the three means by which assistance to commit a crime is typically provided. What role does each play in assisting in the commission of a crime?
Q5) Complicity law is somewhat difficult to grasp because it involves multiple
Q6) There are three parts to the <i>mens</i> rea of accessorial liability.
A)True
B)False
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Chapter 7: Inchoate Crimes
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Q1) What act is defined as a voluntary action taken by the defendant in furtherance of the crime of conspiracy?
A)Overt act
B)Covert act
C)Special act
D)None of the above
Q2) ________________ is a type of inchoate crime, but it also closely resembles complicity because one person or multiple people can be held criminally liable for the actions of someone else.
Q3) What two forms of defense are unique to attempt?
A)Impossibility and abandonment
B)Improbability and lack of opportunity
C)Probability and proximity
D)None of the above
Q4) What is a crime that is partial; unfinished; begun, but not completed?
A)Incorporated crime
B)Partial crime
C)Inchoate crime
D)Incomprehensible crime
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Chapter 8: Homicide
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Q1) ___________________ is an unlawful homicide committed with the malice aforethought required for murder.
Q2) In some states, if someone causes the death of a child while committing the act of child abuse that person may be charged with murder in the second-degree.
A)True
B)False
Q3) _________________ occurs when an unintentional death results from another non-felonious criminal act.
Q4) A death caused by an arson fire before it is extinguished occurs in furtherance of the arson and renders the arsonist liable for _________________.
Q5) If one person kills another person without justification, excuse, or any mitigating circumstances, that person is said to have killed with _____________________.
Q6) If a person intends to inflict grievous bodily injury to another and death results, it is first-degree murder.
A)True
B)False
Q7) Discuss felony murder and analyze the limitations of felony murder.
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Chapter 9: Assaultive Offenses
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Q1) Rape shield laws restrict the admissibility of the victim's past sexual history during a trial.
A)True
B)False
Q2) What is the primary difference in theft from a person and robbery?
A)The taking of personal property
B)The lack of intent to return the property to the rightful owner
C)The presence of violence or instilling of fear in the owner of the property
D)None of the above
Q3) What was the sentence given to offender Anthony Ireland subsequent to his conviction by the Superior Court, Fresno County, California in People v. Ireland?
A)100 years
B)25 years
C)100 years, with four consecutive sentences of 25-years-to-life
D)50 years
Q4) Discuss the six elements of robbery and how those elements relate to the victim. Does it make a difference in the conviction if the suspect knowingly displayed a weapon that was harmless? If so, why? Could the use of a harmless weapon influence the sentencing phase? If so, how?
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Chapter 10: Property Damage and Invasion
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Sample Questions
Q1) A number of cities in America criminalize the mere _________________ of graffiti-related tools.
Q2) Vandalism
A)Breaking into computer systems with the intent to alter or modify settings.
B)Physical entry onto another persons property without consent.
C)The practice of obtaining passwords or other sensitive information from individuals through the use of fraud or deception.
D)A politically motivated attack using computers or other technology.
E)Sometimes considered a form of criminal mischief, willful or malicious acts intended to damage property.
F)Breaking and entering into the dwelling or structure of another with the intent to commit a felony inside.
G)Intentionally damaging or destroying anothers property.
H)A criminal offense committed with the use of a computer or other electronic device.
I)Federal legislation that criminalizes various types of cybercrime.
J)A person has lawful access the property, but then remains until he or she no longer does, and intends to commit a crime.
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Chapter 11: Theft and Analogous Offenses
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Q1) In respect to larceny, the Latin phrase, trespass be bonis asportatis, refers to a tort in which one party interfered with another's lawful possession of what?
A)Chattel or movable personal property
B)A form of transportation
C)A specific type of property
D)None of the above
Q2) What is a blanket term describing the many varieties of products attributable to human intellect?
A)IQ development
B)Intellectual property
C)Smart property
D)None of the above
Q3) Steve uses Vicky's name and insurance information to obtain medical services and drugs. He may be charged with ____________________.
Q4) What is another name for identity theft?
A)Identity cropping
B)Identity stealing
C)Identity fraud
D)None of the above
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Chapter 12: Public Order, Morality, and Vice Crimes
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Q1) The man who watched Lady Godiva ride naked through the streets of Coventry, England in protest of taxation is responsible for the name of what act that is tied with voyeurism?
A)Tacky Jack
B)Voyeur Tom
C)Peeping Tom
D)None of the above
Q2) Jake sponsors a quiet, private game of poker in the basement of his nightclub every Friday night. In most states this is an illegal act known as solicitation.
A)True
B)False
Q3) What crime category do vagrancy and loitering fall into?
A)Public order crimes
B)Private gathering crimes
C)Public gathering crimes
D)None of the above
Q4) In some cases, ____________, alone is the key element in a crime.
Q5) The primary reason incest is taboo even today is because incest can produce
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Chapter 13: Terrorism and Offenses Against the State
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Q1) The USA PATRIOT Act amended Title 18, Section 3101, of the U.S. Code to authorize courts to issue search warrants that delay notification of an impending search and that can be executed in the absence of the suspect.
A)True
B)False
Q2) Compare domestic terrorism, international terrorism, cyberterrorism, narcoterrorism, and ecoterrorism and explain how terrorist could use these forms of terrorism to hinder or harm U.S. citizens and compromise the integrity of the U.S. government. What countermeasures may the U.S. initiate to defeat each of these forms of terrorism?
Q3) The most recent treason indictment was against Adam Yahiye Gadahn, a U.S. citizen turned Al-Qaeda operative.
A)True
B)False
Q4) Even though the 9/11 incidents were prime examples of terrorism, there is no single definition of terrorism.
A)True
B)False
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