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There 30 questions. They are both multiple choice and True/False questios. These questions come from chapter 4 and5 of textbook Scheb, John, Criminal Law and Procedure, 8th edition, ISBN 9781285070117, Cengage Publisher
1 The one indispensable element of a crime is the ________________________.
a. mens rea
b. fusion of act and intent
c. actus reus
d. strict liability
In Powell v. Texas (1968), Powell was a chronic alcoholic who was convicted of _______.
a. lewd and lascivious conduct
b. resisting arrest
c. disorderly conduct
d. public intoxication
General intent exists when from the surrounding circumstances, the prohibited result may reasonably be expected to follow from the offenderâ€™s ___________, irrespective of a subjective desire to have accomplished such result.
a. voluntary act
The Model Penal Code rejects the common-law terms for intent. Instead, it proposes four states of mind: purposeful; knowing; reckless; and ___________.
Having consensual sexual relations with a minor is generally considered a _______ offense.
c. mala in se
d. strict liability
At common law, a person whose intentional conduct involved only indirect participation in a crime was classified as an _____________.
b. innocent party
Under English common law, one directly involved in the commission of a felony was classified as ______________.
a. a principal
b. an accessory
c. a tortfeasor
d. a misdemeanant
Jones paid Smith $5,000 to kidnap Brown. En route to Brownâ€™s home, Smithâ€™s efforts were
foiled by the police. Jones may be prosecuted for ___________.
a. compounding a crime
c. attempted kidnapping
d. no offense because the kidnapping did not occur
During the 1800s, inchoate offenses were recognized as _______ by the English common law.
b. capital crimes
State penal codes often specifically provide for attempts to commit the most serious crimes such as murder. The remaining offenses are then covered by _____________.
a. judicial interpretation
b. the Model Penal Code
c. the common law
d. a general attempt statute
Which of the following is not an actus reus?
a. possessing cocaine without a prescription or any legal authority to do so
b. deciding to kill the man who swindled your father out of his land
c. the failure to file a federal income tax return when one has a legal obligation to do so
d. swinging oneâ€™s fist at someoneâ€™s head without justification, but missing
Even though the common-law distinction between principals and accessories before the fact has been largely abolished, the concept of ________ as a separate offense has been retained by many jurisdictions.
a. accessory after the fact
c. voir dire
d. vicarious liability
In some states, it is a defense to a charge of ___________ if the defendant can prove that he or she prevented completion of the target crime under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
Commission of the crime of ___________ may be perpetrated through an intermediary
b. none of these
A person who paid another to commit kidnapping could still be found guilty of ________ if a police officer intervened and prevented the abduction.
To be guilty of conspiracy, one must __________________.
a. None of these is correct.
b. be a party to an explicit agreement to commit a crime
c. be unsuccessful in committing the target crime
d. know and see oneâ€™s co-conspirators
The range of criminal conspiracies includes ____________________.
a. violations of antitrust laws
b. illicit drug trafficking
c. deprivations of civil rights
d. all of these
In _______________ (1946), a man was charged with conspiring with his brother to violate the federal tax laws, including some offenses allegedly committed by his brother during times that he was incarcerated.
a. Marchetti v. United States
b. Callanan v. United States
c. Leary v. United States
d. Pinkerton v. United States
Under the _____________ Rule, a member of a conspiracy is liable for offenses committed by others in furtherance of the conspiracy.
a. vicarious liability
Inchoate offenses are designed ______________________________.
a. All of these
b. to allow police to apprehend dangerous persons before they accomplish their criminal objectives
c. to enable law enforcement officers to terminate criminal conduct at an early stage
d. to define activity that is directed toward completion of a crime
A Common Law, the inchoate offenses were felonies.
In prosecuting a specific-intent crime, it is necessary that a prosecutor establish a defendant’s intent, but it is not necessary that the prosecutor establish the defendant’s motive.
Solicitation was not recognized as an offense at common law.
Attempt and conspiracy both merge into target offenses.
To be found guilty of conspiracy, one must join the conspiracy at it inception.
At common, law, a husband and wife could not be found guilty of conspiring with one another,
Under our system of law, a person cannot be punished merely for an evil intention.
A person’s failure to act can never be the actus reus of a crime.
in certain instances, mere possession of an item can be classified as a crime.
In a specific-intent crime, an actor intends to accomplish a particular result.