Criminal Law
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Created by:
fancypantshawkins on May 10, 2012
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309 terms
Terms | Definitions |
|---|---|
 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 |
| A defendant who steals property may also be convicted of receiving stolen property. T/F | False |
| Bob lies to Ray. He tells Ray that he has permission to go into Mary's house while she is at work and borrow her TV. In reality, Mary expressly told Bob he could not enter her house or borrow her TV. Bob asks Ray to do him a favor and go get the TV for him. Ray goes in the house and brings Bob the TV. This is an example of__________ | constructive entry |
| ________is the trespassory or wrongful taking and carrying away of the personal property of another with the intent to steal. | larceny |
| ______is the offering, passing, or attempted passing of a forged instrument with knowledge that the document is false and with the intent to defraud. | uttering |
| When property is stolen from a dead person, the crime cannot be robbery. T/F | True |
| Theft is a general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property. T/F | True |
| Bob threatens to reveal that Bob served time in prison 20 years ago if Ray does not pay him$10,000. Ray gives him the money. Bob is guilty of _______ | extortion |
| The elements of ______ ______ ___ _______ make it illegal for a person to; 1)use a computer or computer network, 2) without authority, and 3) with the intent to cause physical injury to an individual | person trespass by computer |
| A defense against a charge of larceny, consisting of an honest belief in ownership or right to possession. | claim of right |
| Bob owns a gold watch. he asks Ray's house and keep it safe for him. Bob then secretly removes the watch from Rays house so that he can claim it was lost and file an insurance claim. ob has committed larceny. Bob has stolen his own watch. T/F | True |
| For the crime of _______ pretenses to be committed, title must also pass to the defendant. | False |
| _______is the misappropriation of property already in possession of the defendant. | embezzlement |
| _______is the unlawful conversation of the personal property of another by a person to whom it has been entrusted by it's rightful owner. | embezzlement |
| The mailman delivers a package with an expensive coat in it to Bob's house by mistake. Bob sees that it is addressed to Ray, but the coat fits him nicely, so he keeps it. Bob is guilty of larceny. T/F | True |
| Crimes of _______include larceny, extortion, embezzlement, false pretenses, robbery and the receiving of stolen property. | theft |
| "Conversion" is the making of a false written instrument or the material alteration of an existing genuine instrument. T/F | False |
| Computer crime is a type of crime that employs ______ _______ as central to its commission. | computer technology |
| _________is the trespassory taking and carrying away of personal property in the crime of larceny | asportation |
| ________ _______ is rapidly becoming the most important new theft crime in the twenty first century. | identity theft |
| Blackmail is a form of _________in which a threat is make to disclose a crime or other social disgrace. | extortion |
| In a robbery case, the test to determine if the property is taken from the _______ of the victim whether the victim was in a location where he or she could have prevented the taking if he or she had not been intimidated or forcibly restrained from doing so. | possession |
| Bob owns a farm. That farm is ______ property. | real |
| In almost all modern jurisdictions, arson requires the knowing and malicious burning of the fixture or personal property of another. T/F | True |
| The elements of ______ are: 1) the felonious taking of personal property, 2) from the person or immediate presence of another, 3) against the will fo the victim, and 4) accomplished by means of force or by putting the victim in fear. | robbery |
| Criminal trespass is burglary committed within an affected geographical area during an officially declared state of emergency. T/F | False |
| Making a piece of furniture in a manner to pass it off as being antique would constitute the crime of criminal ________. | simulation |
| A(n) ________ weapon is carried on or near one's person and is not discernible by ordinary observation. | concealed |
| Ray knows that Bob is acting to aid America's enemies. When the FBI questions Ray about Bob's activities, he conceals what he knows about Bob's activities. Ray has committed treason. T/F | False |
| The term "breach of peace" includes not only violent acts, but acts and words likely to produce violence in others. T/F | True |
| The most common form of obstruction of justice is ______ arrest. | resisting |
| Public order offenses include: | disorderly conduct |
| ________includes acts that a public office holder has no right to preform. | misconduct in office |
| Sedition consists of a communication or agreement intended to defame the government or to incite treason. T/F | True |
| _______is the unlawful leaving of official custody or confinement without permission. | escape |
| A rout occurs when a(n) ________ makes an attempt to advance toward the commission of an act that would be a riot. | unlawful assembly |
| Many traditional worded _______ statues were struck down by the courts for being too vague or attempting to punish a status rather than an activity. | vagrancy |
| When an offender is found in _______ contempt of court, the judge may punish him or her summarily. | direct |
| ______is the offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty. | bribery |
| ________consists of deliberate conduct calculated to obstruct or embarrass a court of law, or conduct intended to degrade the role of a judicial officer in administering justice. | criminal contempts |
| In most jurisdictions ________us the gathering of three or more persons for the purpose of committing and unlawful act. | an unlawful assembly |
| A lynching is the illegal hanging of a criminal. T/F | False |
| The crime of escape includes leaving custody without permission, but does not include failure to return to custody if granted temporary leave. T/F | False |
| A meeting is being held at the town hall so that the citizens can discuss whether they need a new stop light. Bob is opposed to the new light, so he begins singing in a loud voice in order to interrupt the meeting. Bob's offense is: | disturbance of a public assembly |
| An office holder who commits misconduct in office by doing something he or she has no right to do is guilty of: | malfeasance |
| A public official who, under color of law or in his or her official capacity, acts in such a way as to exceed the bounds of his or her office may be guilty of ______ in office. | misconduct |
| Crimes against the administration of government include: | perjury |
| During his trial for robbery, Bob charges the bench and slaps the judge. Bob has committed criminal contempt. T/F | True |
| Bob is on trial for robbery. Under oath, Ray testifies that he is a high school math teacher that he saw Bob commit the robbery. While it is true that Ray saw Bob commit the robbery, Ray really works as an airline pilot. Ray lied about being a high school math teacher. Ray committed perjury. T/F | False |
| Crimes against ______ ______ are those that disturb or invade society's peace and tranquility. | public order |
| ________is the crime of obstructing or opposing a peace officer who is making an arrest. | resisting arrest |
| Bob is an Englishmen. He comes to America to spy for the Russians and unlawfully passes the Russians information about America's national defense. Bob has committed: | espionage |
| Even "fighting words" are protected by the First Amendment to the US constitution. T/F | False |
| Bob threatens a witness with harm so that the witness will not testify against Bob in court. Bob has committed the offense of obstruction of justice. T/F | True |
| _______is one form of disorderly conduct that is often described as unlawful public fighting to the terror of the people. | affray |
| Bob gives Ray $500 to come to court and to lie, under oath, and testify that Bob was with him when Bob was really committing a robbery. In addition to the robbery, Bob has committed ______of perjury. | subornation |
| The three categories of _________order crimes include; 1)crimes against public order, 2) crimes against justice and the administration of government, and 3) crimes against public decency and morality. | social |
| _______is the willful giving of false testimony under oath in a judicial proceeding. | perjury |
| The states have very similar laws when it comes to gambling. T/F | False |
| ________is a generic term application to a wide variety of substances having any physical or psychotropic effect on the human body. | drug |
| _________is the offering or receiving of the body for sexual intercourse for hire. | prostitution |
| Designer drugs are produced to evade the controlling statutory provisions. T/F | True |
| Controlled substances are specifically defined bioactive or psychoactive chemical substances that come under the purview of : | the criminal law. |
| A morbid interest in sex is a(n) _______interest: | prurient |
| Men, as well as women, can be prostitutes. T/F | True |
| Gambling is only rarely associated with organized criminal activity. T/F | False |
| Obscene material that appeals to the prurient interest and lacks serious literary, artistic, political, or scientific value is not protected by the 1st amendment. T/F | true |
| ________is the depiction of sexual behavior in such a way as to excite the viewer sexually. | pornography |
| In 1910, the federal government passed the Mann Act or "White Slave Traffic Act" for the purpose of controlling: | prostitution |
| RICO is an acronym for the section of the federal Organized Crime Control Act known as the Racketeer Influenced Corrupt Organizations provision. T/F | True |
| The practice of homosexuality was against the law in this country in most places for many years. T/F | True |
| A _________crime is an offense committed against the social values and interests represented in and protected by the criminal law and in which parties to the offense willingly participate. | victimless |
| Obscene material that appeals to the prurient interest and lacks serious literary, artistic, political, or scientific value is not protected by the 1 amendment. T/F | True |
| Laws regulating public morality have sometimes been criticized as contributing to a "crisis of _______" resulting in a substantial diversion of police, prosecutorial, and judicial time, personnel and resources. | overcriminalization |
| "Pimping" is the act of procuring _________for another. | a prostitute |
| A conviction of prostitution does not require the sexual act in question to take place. T/F | True |
| _________chemicals may be used in the manufacturing of a controlled substance. | precursor |
| The elements of _________are: 1) engaging in or offering to preform, 2) a sexual act, 3) for hire | prostitution |
| Soliciting prostitution is the act of ________ another to commit the crime of prostitution. | asking |
| In most states, only the prostitution, not his or her customer, can be found guilty of prostitution. T/F | False |
| A person who commits an act of sexual intercourse in public may be charged with public indecency or indecent__________. | exposure |
| Crimes against public decency and morality do not have specific and identifiable individual: | victims |
| Polygamy is unlawful sexual intercourse with a relative through blood or marriage.T/F | False |
| Under the Controlled Substance Act of 1970, drugs are classified among five schedules based primarily on: | the drugs abuse potential |
| The United States Supreme Court has rejected the idea that forfeiture laws constitute a form of ______ _______ | double jeopardy |
| Crimes against public decency and morality typically include: | gambling |
| The RICO statue was designed to prevent the_______infiltration of legitimate businesses. | criminal |
| The purpose of the crime of promoting prostitution is to punish persons who: | profit by using others to engage in prostitutions |
| _________means that which is obscene or lewd, or which tends to cause lust. | lascivious |
| Fornication is voluntary sexual intercourse between two persons: | one of whom is married |
| _________statues authorize judges to seize "all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance......(and) all proceeds traceable to such an exchange. | forfeiture |
| Other than possession, jurisdiction generally criminalize the manufacture, sale and purchase of a(n) _______substance. | controlled |
| Crimes against nature include: | bestiality |
| When crimes came to be seen as offenses against society, the needs of the ______were largely forgotten. | victime |
| The __________ established a federal crime victim compensation fund, which provides payments for expenses that crime victims face. | 1984 Victims Crime Act |
| The ________justice model holds that it is necessary to attain balance between the legitimate needs of the community, the offender and the victim. | restorative |
| A victim is any individual whom an offense has been committed. T/F | True |
| During 2007 _______ of all violent crime incidents were committed by an armed offender. | 20% |
| Son of Sam laws have faced challenges under the First Amendment's guarantee of the right to freedom of expression. T/F | True |
| The ________is/are conducted annually by the Bureau of Justice Statistics to provide data on surveyed households that report they were affected by crime. | National Crime Victimization Survey |
| There was a renewed interest in the victims of crimes and laws designed to provide compensation to the victims of violent crimes in the _______ | 1960's |
| Victim impact statements are used______________________________________ | before the sentencing of convicted offenders. |
| Women experience significantly more _______violence than men. | partner |
| __________was a historical epoch during which victims had well-recognized rights, including a personal say in imposing punishments on apprehended offenders. | The Golden age of the victim |
| The programs may be underfunded, but today all 50 states have passed legislation providing monetary payments to crime victims. T/F | True |
| The National Crime Victimization Survey typically uncovers more crime than the Uniform Crime Reports. T/F | True |
| The David Berkowitz case resulted in notoriety-for-profit laws or Son of _______ laws. | Sam |
| ________males aged 12-24 experience violent crime at a rate significantly higher than the rates for other population groups. | black |
| The central focus of the National Organization for Victim Assistance is to | educate policy makers about victim's rights. |
| _________is/are a data collection program run by the FBI that tallies crime statistics annually. Reports under the program consist primarily of data on crimes reported to the police and of arrests. | Uniform Crime Reporting (UCR) Program |
| Son of Sam laws are known as: | notoriety-for-profit laws |
| Most victim/witness assistance programs are staffed by highly trained professions. T/F | False |
| When the victim's movement began, the idea of rights for victims of crime was already central to the criminal justice system. T/F | False |
| The FBI's Uniform Crime Reporting Program collects trends in crime volume and crime rate per 100,000 inhabitants under the program's ________________. | National Incident-Based Reporting System (NIBRS) |
| The Office for Victims of Crime is a ________ agency. | federal |
| Persons aged 65 or older have the _______ victimization rates for all types of crime. | lowest |
| Bob wants Ray's wallet, so he beats him up and takes it from Ray's pocket. Ray's_____________is/are an example of secondary victimization. | nightmares about the beating |
| Bob is convinced of assaulting Ray. During the assault, Bob knocked out Ray's teeth. When Bob is sentenced, the court orders Bob to pay Ray's dental bills. This is an example of__________ | restitution |
| Bob has convinced of sexual assault and he is serving time in prison. He writes a book in which he brags about his crimes. he may be prevented from profiting from the sale of that book by: | Son of Sam laws |
| The statistics of the Uniform Crime Reporting(UCR) Program are collected by the _____ | FBI |
| Victim impact statements have a significant influence on sentencing judges. T/F | False |
| The Right of________is a statutory provision permitting crime victims to speak at the sentencing of convicted offenders. | allocution |
| The UCR Program uses a hierarchy rule which requires that only the most serious offense in a multiple offense criminal incident be counted. T/F | True |
| During the Golden Age of the Victim, the state exerted complete control over the punishment of the offender. T/F | False |
| ______refers to problems that follow from the initial victimization, such as loss of employment or inability to pay medical bills. | postcrime victimization |
| Handgun violence is especially prevalent in the violent victimization of | young black males |
| Advocates for victim's rights assert the fundamental right of victims to be equitable represented throughout the criminal justice process. T/F | True |
| _________is a sentence of imprisonment that is deferred. | Probation |
| Bob is convicted of a crime and sentenced to spend his weekends in jail and two nights a week working for no pay at the animal shelter. Bob received: | a mixed sentence |
| _______is a court requirement that an offender pay money or provide services to the victim of the crime or provide serves to the community. | restitution |
| The # of annual executions has been steadily rising as changes in law and recent Supreme Court decisions facilitated an increasing rate of legal death. T/F | True |
| ________is the act of taking revenge on a criminal offender. | retribution |
| The_______model of criminal sentencing suggests that punishments should be appropriate to the type of severity of the crime. | just deserts |
| ________is the most punishable oriented of all sentencing goals. | retribution |
| Concurrent sentencing mandates long prison sentences for offenders who are convicted of third felony offense. T/F | False |
| ________is a sentencing principle that objectively counts an offender's criminal history in sentencing decisions. | social debt |
| __________is the process by which an authority imposes a lawful punishment or other sanction on a person convicted of violating the criminal law. | sentencing |
| A comprehensive study showed that the impact of boot camp programs on offender recidivism is at best negligible. T/F | True |
| Fully, __________percent of sentences in some jurisdictions result from plea-bargaining. | 80-90 |
| Ninety days in jail to be followed by a probationary period of two years is an example of | a split sentence |
| Bob assaults a police officer while the officer is on duty. When Bob is sentenced for the crime, the fact that the victim was a police officer will be considered as a(n) | aggravated favor |
| House arrest with electronic monitoring is more expensive than housing an offender in jail. T/F | False |
| ________is a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which an offender is being sentenced. | deterrence |
| When criminal punishment is associated with violation of the law, the US Supreme Court has ruled that constitutional guarantees of________must apply. | due process |
| Capital punishment is the imposition of a sentence of life without parole for first degree murder. T/F | False |
| Restorative justice is a sentencing model that attempts to make the victim "whole again" T/F | True |
| Bob holds up a convenience store and flees the scene in a car he hijacks in the store parking lot. Eventually Bob is convicted of armed robbery and vehicular hijacking. He is sentenced to 15 years for the robbery and 10 years for the hijacking. He will serve his sentences simultaneously, being released in 15 years rather than 25. This is an example of _____________sentencing. | concurrent |
| Selective incapacitation is the sentencing strategy that imprisons offenders considered to be the most dangerous. T/F | True |
| Alternatives to traditional sanctions like imprisonment, such as a split sentencing, home confinement and community service, are known as ________ sanctions. | intermediate |
| One fundamental way to distinguish _______from violations of the civil law is to recognize that they are subject to punishment. | crimes |
| Bob is sentenced to five years in prison. His lawyer says he will see what he can do for him, but not to count on anything. After being in prison for three weeks, Bob is brought back to court and the judge places him on probation. This is an example of | shock probation |
| Proportionality is a sentencing principle that holds that the severity of sanctions should be much more sever than the severity of the crime committed. T/F | False |
| Bob has been convicted of a crime and he is sentenced to three to six years in prison. Bob has received a(n) ________ sentence. | indeterminate |
| ________is the sentencing philosophy that aims to reduce the likelihood that the offender will be capable of committing future crimes. | incapacitation |
| The purpose of________is to reform criminal offenders, restoring them to productive lives in the community. | rehabilitation |
| _____________justice attempts to balance the legitimate needs of the community, the offender and the victim. | restorative |
| Retribution, deterrence, rehabilitation, restoration, and incapacitation are all________rationales. | sentencing |
| A means to challenge the legality of incarceration: | habeas corpus |
| Bob steals a tv. Bob is sent to prison as an example to others so that they wont steal TV's. The goal of Bob's punishment is ______ ________ | general deterrence |
| Federal truth is sentencing legislation encourages the states to guarantee that certain violent offenders will actually be in prison for close to the amount of time they were sentenced. T/F | True |
| Hate crimes are defined by what motivated the offender's conduct. T/F | True |
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