Regardless, the sentence imposed on Bob by Judge Brown may be unconstitutional under which of the following provisions?

1. The mens rea element of a crime is the _______ element of a crime. A. concurrence B. culpability C. causation D. physical 2. Which one of the following about federal laws is true? A. They can’t involve the same criminal act that’s a violation of state criminal codes. B. Crimes that violate federal laws are prosecuted in state courts. C. They’re based on the exercise of federal police power. D. They can be based on the interstate commerce clause. 3. The term that refers to the power of the states to legislate (within constitutional limits) to protect the public is A. due process. B. police power. C. regulatory authority. D. law enforcement delegation. 4. Larry is holding his gun when he suddenly suffers a seizure, causing him to squeeze the trigger and kill Bob. There may not be actus reus because there’s no A. causation B. omission to act C. social harm D. voluntary act. 5. Asking or inciting another person to commit a crime is the anticipatory crime of A. conspiracy. B. compounding. C. solicitation. D. attempt. 6. Larry kills Sally and runs to Mark’s house to hide. The police knock on Mark’s door and ask where Larry is. Mark falsely tells them, “I don’t know.” Mark may therefore be considered a/an A. solicitor. B. perpetrator. C. accessory. D. accomplice. 7. Lucy asks Frank to kill Jim. Unbeknownst to Lucy, Frank is an undercover police officer. Frank falsely says, “Okay, I’ll do it.” Lucy is therefore guilty of A. attempt. B. conspiracy. C. solicitation. D. facilitation. 8. The term scienter means “the degree of _______ that makes a person criminally liable for his or her physical acts.” A. knowledge B. negligence C. actus reus D. motive 9. Bob was charged with armed robbery, but was later acquitted. Two years after his aquittal, a witness comes forward and tells police that Bob confessed to the robbery. Bob was charged again with the robbery. If you’re defending Bob, your defense should be that the second charge violates A. double jeopardy. B. due process. C. equal protection. D. the Eighth Amendment. 10. Craig aims his gun at Bob, intending to kill Bob. However, when Craig fires the gun, he misses Bob and instead kills Mabel, Craig’s own sister. In this scenario, Craig will not be A. innocent due to lack of proximate causation. B. guilty of attempted murder of Bob. C. guilty of intentional murder under the doctrine of transferred intent. D. innocent due to lack of intent. 11. Which one of the following statements about felonies and misdemeanors is true? A. Felony offenders are typically imprisoned in prisons, and misdemeanor offenders are typically imprisoned in only local jails. B. Felonies are frequently subdivided into classes while misdemeanors aren’t. C. Felonies are federal crimes and misdemeanors are state crimes. D. Felonies and misdemeanors are similar in terms of the possible punishment. 12. Jane, without intending to harm anyone, closes her eyes and fires a gun into a crowd at the mall, killing Sue. In this scenario, Jane had _______ intent. A. specific B. constructive C. special D. general 13. Sherri was cleaning her prized pistol at the state fair in Oklahoma when it fired into the crowd of onlookers at the event. Fortunately, no one was injured. However, after the police investigated, Sherri was arrested for attempted murder. As Sherri’s defense attorney, you should assert that she’s not guilty because A. cleaning one’s pistol is legal in Oklahoma. B. she didn’t know the gun was loaded. C. no one was injured. D. she didn’t have the specific intent to kill anyone. 14. Janet is charged with a crime. Her crime has received a lot of publicity locally, and everyone thinks she’s guilty. In this scenario, the best choice for Janet’s attorney is to ask for a change of A. indictment. B. venue. C. jurisdiction. D. custody. 15. Presumptions may be overcome with evidence unless they’re A. rebuttable. B. permissible. C. unreasonable. D. conclusive. 16. Consider this scenario: Kim is arrested, charged with robbing ABC Bank (a state crime), and then acquitted. Later, the federal government charges and tries her in federal court for robbing the federally insured ABC Bank (a federal crime). Which one of the following statements about this scenario is true? A. The federal charge is barred by double jeopardy. B. Kim can be tried on the federal charge, but only because she was acquitted from the state charge. C. Kim can be tried on the federal charge because the crimes are different, even though only one bank was involved. D. Because Kim was acquitted for the state crime, she’s automatically acquitted for the federal crime. 17. The equal protection clause is found in the _______ Amendment. A. Fourth B. Eighth C. First D. Fourteenth 18. When prosecuting a crime, the state must prove that the wrongful act was the _______ of the resulting harm. A. remote cause End of exam B. proximate cause C. actus reus D. mens rea 19. Bob sends to Fred an e-mail that states, “Dear Fred, please kill Steve for me.” Fred never receives the e-mail. In this scenario, Bob is guilty of A. attempt. B. conspiracy. C. solicitation. D. facilitation. 20. Judge Brown sentences Bob to 40 lashes with a whip for nonpayment of a parking ticket. Bob undisputedly failed to pay the ticket. Regardless, the sentence imposed on Bob by Judge Brown may be unconstitutional under which of the following provisions? A. Eighth Amendment B. Ex post facto law C. Bill of attainder D. Equal protection clause