Advertisement Upgrade to remove ads

final

In the context of criminal attempt, an act that fails to meet the requirements for a substantial step is called

mere preparation

all persons who take part in the commission of a crime are________to the crime

parties

Only people can be parties to crime. T/F

Falso

_______or the voluntary and complete abandonment of the intent and purpose to commit a criminal offense is a defense to the charge of an attempted crime.

renunciation

The Model Penal Code has rejected Wharton's Rule. T/F

True

Under the laws of most states, any crime defined by statute has a corresponding crime to attempt. T/F

True

In most jurisdictions, the owner of property can justifiably use reasonable_______force to prevent others from unlawfully taking or damaging his or her property.

nondeadly

________force-the highest degree of force-is considered reasonable only when used to counter an immediate threat of death or great bodily harm.

deadly

Justification and excuses are affirmative defenses. T/F

True

When a defendant argues that he or she could not have committed the crime in question, that he or she has an alibi, the defendant's defense is a justification. T/F

False

Self-defense to a criminal charge is based on the recognition that a person has an inherent right to self-protection.T/F

True

_______are a category of legal defenses in which a defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

excuses

Bob, a college student, is late to take a final exam. He jumps in his car and runs a red light in order to get to campus in time for his exam. If Bob gets a ticket for running the light, he can claim the defense of neccesity. T/F

False

Under the common law, it was lawful to use _____ to resist an illegal arrest.

force

As a general rule, the preservation of human life outweighs protection of _______.

property

_________is/are based on the recognition that a person has an inherent right to self-protection and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations.

self-defense

Conduct that violates the law cannot be justifiable. T/F

False

______is only available as a defense if lack of consent is an element of the crime.

Consent

The police arrive as Bob is robbing a bank with a gun. Bob runs out the door of the bank, taking shots at the police as he runs. The police:

may shoot Bob to stop him.

In regard to resisting a lawful arrest, all jurisdictions today:

have laws making resistance illegal

The legal concept of the _______ envisions a person who acts with common sense and who has the mental capacity of an average, normal, sensible human being.

reasonable person

_______is/are a category of legal defenses in which the defendant admits committing the act in question but claims it was necessary in order to avoid some greater evil.

justification

A(n) ______ defense is one in which the defendant must take the offense and respond to the charges against him or her with his or her own assertions being based on legal arguments.

affirmative

The castle exception is an exception to the ______ rule.

retreat

Reasonable force can be thought of as the ______ degree of force necessary to protect oneself in the face of a substantial threat.

minimum

For the defense of______, the defendant claims that he or she had to commit some unlawful act in order to prevent or to avoid a greater harm.

necessity

The fleeing felon rule, which allows the police to shoot a suspected felon who attempts to flee from a lawful arrest, is the law in most state and federal courts. T/F

False

Bob and Ray are in a bar. Bob pulls a knife and threatens to cut Ray. Bob is so drunk that all Ray needs to do to protect himself is walk out of the bar. Ray decides to take the knife off Bob and beat him up instead. Ray has violated the_________

retreat rule

Evidence and arguments offered by the defendant to show why the defendant should not be help liable for a criminal charge are called_______

defenses

Ray owes Bob some money. Bob tells Ray he has until three o'clock the next day to repay the money or Bob will have Ray beaten up. Ray immediately attacks Bob to protect himself. Ray cannot claim self-defense because :

he was not in apparent danger

Bob is charged with a crime and defends himself by arguing that he only committed the crime to avoid some greater evil. Bob is defending himself with a(n):

justification

Under the castle exception, it is still necessary to retreat from one's dwelling in the face of an immediate threat before resorting to deadly force in protection of the home. T/F

False

Ray watches Bob unlawfully start a fight with a stranger. The stranger beings to get the best of Bob, so Ray steps in to help Bob. Ray may not escape criminal liability by claiming his action was the legitimate defense of others. T/F

True

In a jurisdiction without ________, when Bob reasonably believes that his intervention is immediately necessary to protect Ray, he may defend Ray without criminal liability, even if it turns out that Ray had no right to defend himself.

the alter ego rule

Bob attacks Ray without provocation and hits him repeatedly. Ray defends himself by striking Bob and breaking his jaw. Ray has harmed Bob, but Ray will not be held criminally liable for what he did because he has a defense that is a(n):

excuse

Bob and Ray get into an argument. Bob threatens to slap Ray. Fearful of being slapped, Ray responds by pulling a gun and shooting Bob. Ray has defended himself with reasonable force. T/F

False

In jurisdictions where the concept of perfect and imperfect self-defense are employed, imperfect self-defense may:

lower criminal liability but not eliminate it.

The execution of public duty defense is available to law enforcement officers to protect them from being prosecuted for crimes, like assault, when lawfully exercising their authority. T/F

True

_______holds that a person can only defend a third party under circumstances and to the degree that the third party could act on his or her own behalf.

the alter ego rule

The case of Bernard Goetz was controversial because:

his fear may not have been reasonable.

Excuses are affirmative defenses and must be raised by the defendant. T/F

True

A complex of signs and symptoms presenting a clinical picture of a disease or disorder is a _______

syndrome

Bob earns his living selling cocaine. He is eating dinner with a man who he thinks is a friend, but the man is really an undercover police officer. When Bob comments that he is looking for a new source of cocaine, the officer volunteers to sell Bob some cocaine. When this encounter results in Bob being charge with a crime:

Bob will not be able to claim the defense of entrapment

One rationale for the infancy defense is that children are too young to make a conscious:

choice between good and evil

The objective approach to assessing entrapment is sometimes separately referred to as the defense of _______

outrageous government conduct

The defense of compulsion claims that law enforcement officers are guilty of manufacturing a crime where none would otherwise exist. T/F

False

Mary is charged with killing her husband while he slept. Her husband repeatedly beat Mary over 10 years of marriage. Even though Mary was in no immediate danger when she killed her husband, her husband may argue for:

a syndrome-based defense

_______is generally not regarded as an effective defense because the law generally holds that a person who voluntarily puts himself or herself in a condition must be held responsible for the consequences of that condition.

intoxication

Bob lives in a city where it is legal to turn right on a red light. He is visiting a city where this is illegal and he gets a ticket for turning right on a red light. He has no defense to the ticket due to his________

culpable ignorance

________defenses may be raised where public law enforcement officials induce or encourage an otherwise law-abiding person to engage in illegal activity.

entrapment

_______admit that the action committed by the defendant was wrong and that is violated the criminal law, but claim that the defendant should not be held accountable under the criminal law by virtue of special conditions or circumstances that suggest the defendant is not responsible for his or her deeds.

excuses

One rationale for the infancy defense is that children are too young to complete the actus rea needed for criminal activity. T/F

False

An honest mistake of law will generally preclude criminal liability. T/F

False

Excuses claim that the defendant should be excused from criminal liability because of special _______

circumstances

An offender may be classified as a(n)_________ because a statutorily defined event caused by the offender was alleged to have occurred while his or her age was below a statutorily specified age limit.

juvenile

Bob kidnaps Ray and Ray's wife at gunpoint. Bob drives them to a bank and tells Ray to go into the bank and rob it or he will kill his wife. Ray robs the bank. Ray's defense to a charge of bank robbery is ______

duress

Bob flies into New York City and goes to the baggage area to get his suitcase. He takes the wrong bag, a black one identical to his, thinking he has the correct bag. The real owner of the bag stops him and accuses Bob of theft. Bob's defense is_____

mistake of fact

Even a psychotic person can be competent to stand trial. T/F

True

The defense of insanity is in the category of excuses. T/F

True

The legally insane are not responsible for their behavior not because they don't intent it, but because they lack a moral appreciation for the wrong they have done. T/F

True

Bob is mentally ill. He is standing in a crowd of police officers watching the mayor of his city make a speech. He shoots the mayor trying to kill him and gets a couple shots off before the police grab him. His best chance for being found not guilty by reason of insanity lies with:

the irresistible impulse test

Bob is arrested for robbery. While waiting for his trial, he falls mentally ill and is found incompetent to stand trial. After 6 months of treatment for his illness he recovers. Bob:

can now be tried for robbery

The court will find a defendant ________ if a result of mental illness, defect or disability, a defendant unable to understand the nature and object of the proceeding him or her or to assist in the preparation of his or her own defense.

incompetent to stand trial

Competency to strand trial focuses on the defendant's condition at the time of____

the trial

The _______for determining insanity asks whether the defendant knew what he or she was doing or whether he knew what he was doing was wrong.

M'Naughten Rule

Insanity is a _______ term.

social and legal

The verdict of guilty but mentally ill is the equivalent of a(n):

guilty verdict

To be considered ______, the defendant must be able to consult with his or her lawyer with a reasonable degree of understanding and understand the proceedings against him or her.

competent to stand trial

The ______for determining insanity holds that the accused is not criminally responsible if his or her unlawful act was the product of mental disease or defect.

Durham Rule

Person's found not guilty by reason of insanity are, on average, held in mental hospitals _______ as persons found guilty are held in prison.

as least as long

The insanity defense is used in less than 1% of felony cases in the United States. T/F

True

The ALI substantial capacity test is a modernized version of the M'Naughten Rule. T/F

True

_____is the killing of a human being by the act, procurement, or omission of another human being.

homicide

Malice aforethought is unjustifiable, inexcusable, and unmitigated person-endangering state of mind. T/F

True

Jack Kevorkian is associate with______

assisted suicide

Driving 100 miles per hour in a school zone while young children are present could establish______

malice

Under the common law, the killing of an unborn child was chargeable as homicide even though the fetus was not considered "alive." T/F

False

______can be a killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation.

voluntary manslaughter

Homicide prosecutions cannot take place if the victim did not die within three days from the time the fatal act occurred. T/F

False

Unjustifiable conduct that is extremely negligent and results in the death of a human being is sometimes called:

depraved heart murder

The conscious disregard of one's duties, resulting in injury or damage to another is known as gross______

negligence

______is willful, deliberate, and premeditated killing.

First Degree Murder

Vehicular homicide is the killing of a human being by the operation of a motor vehicle by another human being in a reckless manner likely to cause the death of, or great bodily harm to another. T/F

True

Justifiable homicide is homicide that is permitted under the law. T/F

True

Murder for which the death penalty is authorized by law is known as ________murder.

Capital

The elements of ______are: 1) an unlawful killing, 2) of a human being, 3) with malice.

murder

The Uniform Determination of Death Act establishes murder liability for a defendant if another person dies during the commission of certain felonies. T/F

False

______is a legal term that refers to the intentional doing of a wrongful act without just cause or legal cause.

Malice

Ray is employed by the state of Texas to execute prisoners who have been sentenced to death. When Ray executes a prisoner, he has committed homicide. T/F

True

In cases of _______, the killing is unintentional.

involuntary manslaughter

At early common law, suicide was:

murder

Bob stabs Ray with a knife, hollering that he will kill Ray. Ray manages to pull a gun out of his pocket and shoot and kill Bob can stab Ray a second time. Ray has committed:

justifiable homicide

Malice may be established by proving that the defendant intended to inflict serious bodily injury, even though he or she did not consciously desire the death of the victim. T/F

True

Many states recognize three types of ______ homicide: 1) murder, 2) manslaughter 3) negligent homicide.

criminal

Some state laws describe a special category of _____called criminally negligent homicide.

involuntary manslaughter

A death that is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result is:

an accidental killing

The elements of the crime of________are: 1) unlawful killing, 2) of a human being, 3) without malice.

manslaughter

Most jurisdictions use the inherently dangerous test in order to decide when ______ applies.

the felony murder rule

Ray is driving down the street obeying all the traffic laws. Bob suddenly darts out in front of Ray's car. Ray's car hits and kills Bob. Ray has committed______

excusable homicide

The Uniform Determination of Death Act provides that a person without __________is dead.

a heartbeat or respiration or evidence of brain activity

First-degree murder is any willful, deliberate and ______unlawful killing.

premeditated

Ray is employed by the state of Texas to execute prisoners who has been sentenced to death. When Ray executes a prisoner, he has committed murder. T/F

False

_________ murder is murder in which the intent to kill is formed pursuant to reflection, rather than as a result of a sudden impulse or heat of passion.

premeditated

Gross negligence is the want of ordinary care or negligence that could have been avoided if one had exercised ordinary, reasonable, or proper care. T/F

False

Provocation is said to be adequate if it would cause a(n)______person to lose self-control.

reasonable

________ differs from murder in that the malice and premeditation are lacking.

manslaughter

________is the act of deliberating or meditating upon, or planning, a course of action.

premeditation

In most jurisdictions, it is considered_______battery to commit a battery on a police officer.

aggravated

The statutory crime of sexual assault is narrower and combines fewer crimes that the common law crime of rape. T/F

False

In assault statutes, the term______means the person attempting the assault in physically capable of immediately carrying it out.

present ability

The act of intentionally frightening another person into fearing immediate bodily harm is a(n)______

assault

It is not legally possible for one woman to rape another woman. T/F

False

An unjustified, offensive touching constitutes an assault. T/F

False

The element of the crime of ________are: 1) an unlawful restraint by one person, 2) of another person's freedom of movement, 3) without the victim's consent or without legal justification.

false imprisonment

Probative value is the worth of any evidence to prove or disprove the facts at issue.. T/F

True

At common law,______ was unlawful sexual intercourse with a female without her consent.

rape

Under common law, to constitute, the injury suffered by the victim had to be serious and permanent.

mayhem

Bob cuts Ray with a hunting knife. Bob has committed_______

aggravated battery

Rape shield laws attempt to protect the victims of rape by limiting a defendant's in-court use of:

a victim's sexual history

________is an assault that is committed with the intention of committing an additional crime.

aggravated assault

_______is sexual intercourse, whether or not consensual, with a person under the "age of consent" as specified by law.

statutory rape

_______is oral or anal copulation between persons of the same or different gender, or between a human being and a animal.

sodomy

As assault is an attempted_________

battery

_______has three elements:1) the willful and unlawful, 2) use of force, violence or offensive contact, 3) against the person of another.

battery

Bob intends to hit Ray by throwing a rock at him. bob throws the rock, missed Ray but his Mary. Bob is guilty of battery on Mary via transferred ______.

intent

The elements of the crime of_____are: 1) an lawful taking and carrying away, 2) of a human being, 3) by force, fraud, threats, or intimidation, and 4)against the person's will.

kidnapping

Effective consent that has been obtained in a _______ matter.

legal

Mary is in the hospital in a coma. Bob comes into her room and touches an intimate part of Mary's body for his gratification. Bob may be guilty of__________

sexual battery

_________is an intentional and offensive touching or wrongful physical contact with another without consent, that results in some injury or offends or causes discomfort.

battery

All states have laws setting out special circumstances under which an assault is considered aggravated. T/F

True

Many jurisdictions have extended the scope of their assault statues to include intentional scaring or ______

stalking

The federal ______law is sometimes called the Lindbergh Law.

kidnapping

Stalking activities cannot be committed in cyberspace. T/F

False

______is unlawful physical violence inflicted upon another without his or her consent.

Battery

________is the unlawful application of physical force on the person of the victim.

bodily injury

Bob robs Ray at gunpoint. He tells Ray, "One false move and I'll shoot!" This is an example of________

aggravated battery

Bob is guilty of assault even though he is incapable of harming Ray when he threatens him. T/F

False

In most jurisdictions today, the elements of the crime of rape are: 1) sexual intercourse with a person not the spouse of the perpetrator, 2)through force, the threat of force, or by guile, and 3) without the lawful consent of the victims. T/F

True

Bob and Ray are horseback riding. Intending to cause Ray bodily harm, Bob whips Rays's horse so it throws him. Whipping the horse amounted to ______________

constructive touching

Sexual contact generally means a touching short of sexual intercourse. T/F

True

In cases of assault and battery, the term "bodily injury" refers to the unlawful application of physical force on the person of the victim - even when no actual physical harm results. T/F

True

Ray has to leave the country for the summer and Bob agrees to keep Ray's gold watch for him while he is gone. After Ray leaves, Bob sells the watch and spends the money. What Bob has done is ________

conversion

Bob owns a diamond ring. That ring is________

personal property

"Cybercrime" is another word for criminal mischief. T/F

False

_______property includes trade secrets, inventions, and work of art and literature.

intellectual

Larceny can only be committed__________

intentionally

The elements of ____________are: 1) breaking, and 2)entering of, 3) a building, locked automobile, boat, etc., 4) with the intent to commit a felony or theft.

burglary

Fixtures have no intrinsic value, but represent something of value. T/F

False

________is knowingly and unlawfully obtaining the title to, and possession of, the lawful property of another by the means of deception, and with intent to fraud.

False pretenses

See More

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set