Criminal Law Chapter 6 - 11 Quizzes
Terms in this set (60)
An act that illustrates an assault under the common law would be _____.
a. one person shouting obscenities at another
b. a parent disciplining a child through corporal punishment
c. one person throwing a punch at another, but missing
d. a husband whipping his wife
one person throwing a punch at another, but missing
Joe, age 22, has consensual sexual intercourse with Lucy, who is 21 and a virgin, Joe may be convicted of ____.
a. contributing to the delinquency of a minor
b. none of these
c. statutory rape
d. rape, i.e., involuntary sexual battery
none of these
One who intentionally strikes another person with a sharp metal letter opener would most likely be charged with __________.
Statutes that provide that the testimony of a victim's prior sexual activity with anyone other than the defendant cannot be admitted in evidence in a rape trial are commonly referred to as __________ laws.
At the time the English colonized America, the common law had identified four groups of offenses against persons: assaultive crimes; homicidal crimes; sexual crimes;, and ________________.
offenses involving confinement and movement of persons
Since the late 1970s, the offense of ________________ has become a gender-neutral offense encompassing nonconsensual sexual impositions beyond sexual intercourse.
Many states have enacted laws to provide for issuance of court injunctions to protect spouses from ______________ and provide for arrest of those who violate these orders.
Offenses motivated by bias against a person's race, religion, nationality, gender, disability or sexual orientation are termed _____.
Threatening to harm someone would probably qualify as (a) (an) _______________.
simple assault through intimidation
Depending on the circumstances, parents who inflict injury on a child or who impose excessive punishment may be found guilty of _________________.
a. aggravated assault
b. child abuse
c. any of these offenses
d. simple assault
any of these offenses
Most jurisdictions have enacted statutes making it a crime to burn any property with the intent to defraud an insurance company, usually requiring the prosecution to prove ____________.
the defendant's specific intent to defraud
At common law, one wrongfully deprived of property was entitled to recover damages for the tort of ________.
Nelly is a bank teller. She has manipulated the bank books by diverting funds belonging to the bank into her own account and has withdrawn those funds. Upon discovery by the bank, she will most likely be charge with _________.
Jacqueline sends an email to Patrick, threatening to "spread the word around town" that he is a carrier of the AIDS virus unless he sends her the $1,000 she needs to pay her gambling debts. Jacqueline may be prosecuted for _________.
In an attempt to "get even" with his ex-girlfriend, Mike breaks the window of her bedroom and hides in her closet with an intent to sexually assault her when she arrives. Of which of the following offenses would Mike be guilty?
a. disorderly conduct
c. simple assault
d. sexual assault
At common law, forgery was ___________________.
Theft statutes usually classify the seriousness of the offense based on the _____ of the goods that are stolen.
In the United States all jurisdictions have enacted statutes to eliminate the common-law requirement that the offense of __________ take place at night time.
A statute making it an offense to burn a structure with the intent to defraud an insurer is an example of a ________ statute.
Most states define ____________ much as did the common law, however, many now classify the offense by degrees depending on whether the accused is armed, the extent of force used or injury inflicted and, in some instances, the vulnerability of the victim.
The Sherman Antitrust Act makes it a crime to __________.
enter a contract or engage in any combination or conspiracy in restraint of trade
The federal law often relied on to prosecute state and local officials for extortion "under color of official rights" is known as the _____________,
The process of disguising illegal income to make it appear legitimate is known as _________.
The U.S. ____________________ alone is authorized to enforce the criminal sanctions of the Sherman Antitrust Act.
In prosecuting white-collar crimes in federal court, the government is usually required to prove that the accused committed the prohibited act "____________".
knowingly and willfully
Although the government may employ a variety of federal criminal statutes to prosecute those who commit tax fraud, most prosecutions are based on the ____________.
Internal Revenue Code
Federal statutes require financial institutions to file Currency Transaction Reports with the Secretary of the Treasury for cash transactions in excess of _________.
After repealing the Eighteenth Amendment in 1933, organized crime syndicates expanded their criminal enterprises into ____________.
The USA PATRIOT Act was designed to deter and punish terrorist acts in the U.S. and around the world and includes provisions ________________________.
a. criminalizing trafficking in passwords with the intent to defraud
b. creating the crime of domestic terrorism
c. all of these
d. creating new categories of offenses proscribing computer hacking
all of these
The necessity for the development of statutes to combat organized crime stemmed from the fact that ________________.
common law and existing statutory offenses did not address ongoing criminal activities.
In Lawrence v. Texas (2003), the United States Supreme Court ____________________ a state statute prohibiting sexual relations between persons of the same sex.
In Barnes V. Glen Theatre (1991), the U.S. Supreme Court ________________________.
upheld an Indiana law interpreted to prohibit totally nude dancing in bars.
The _________ Act is now being used to combat human trafficking.
Persons of a ___________ persuasion generally believe that the state should be neutral in matters of morality, much as it if with respect to religion.
All American jurisdictions prohibit _________________, i.e., marriage between two persons when one is already legally married to another.
In ___________________ (1878), the Supreme Court rejected the argument that polygamy was a religious practice protected by the First Amendment.
Reynolds v. United States
Although ________________ was not a crime at common law, statutes proscribing it have been part of the laws directed against public immorality since the early history of the United States.
Where gambling is prohibited, state laws customarily make it unlawful to possess gambling devices and provide for their __________________.
In _________________ (1962), the U.S. Supreme Court ruled that states may not criminalize the mere status of being addicted to such drugs.
Robinson vs. California
In some jurisdictions, offenses involving ________________ of a very small quantity of marijuana are classified as misdemeanors.
In Jacobson v. Massachusetts (1905), the Supreme Court upheld a conviction for violating a statute authorizing local officials to order compulsory __________.
First enacted in 1906, the federal ____________ Act prohibits interstate commerce in food, drugs, and cosmetics prepared under unsanitary conditions.
Food, Drug, and Cosmetic
Building codes are concerned with the construction of buildings, while the term __________ refers to regulation of the use of land.
Congress enacted its first major environmental law, the _____________ Act in 1899.
Rivers and Harbors
The Supreme Court first recognized the concept of the ________ in U.S. vs. Dotterweich (1943).
responsible corporate officer
Enforcement of local zoning and building codes is accomplished primarily through ___________.
Historically, the principal responsibility for controlling excessive noise has rested on the _____________.
According to the text, it is reasonable to expect that criminal sanctions will be increasingly applied to noise pollution and ____________.
smoking in public places
The _________ authorizes the Environmental Protection Agency to prohibit the manufacture, distribution, or use of chemical substances that present an unreasonable risk of injury to health or the environment.
Toxic Substances Control Act
What three federal agencies have enforcement responsibilities under federal environmental laws?
1. Coast Guard
2. Army Corps of Engineers
3. Environmental Protection Agency
The term "corpus delicti" refers to ______________________.
the body of the crime
In Washington v. Glucksberg (1997) the U.S. Supreme Court reversed a federal appellate court's decision striking down a state statute prohibiting ___________.
At common law, ______________ was the unlawful killing of another with malice aforethought.
__________________ usually requires proof of gross or culpably negligent conduct that results in another's death.
In 2005, the _____________ case focused national attention on the need for individuals to execute legal directives clearly defining the extent of extraordinary medical procedures to be taken in the event a person is in a persistent vegetative state.
When death is inflicted by public officers in obedience to a court judgment or in discharge of certain other legal duties, it is considered ______________.
In Gonzales v. Carhart (2007), the U.S. Supreme court held _______________.
that government has a legitimate and substantial interest in banning abortions that involve partial delivery of a living fetus.
At common law, _________________ was defined as the unlawful killing of one human being by another when no malice was involved.
In a first-degree murder case, the prosecution usually attempts to establish _____________ by introducing evidence bearing on the defendant's motive and state of mind.
The common law developed a doctrine that where an accused was engaged in the commission of a felony and a homicide occurred, the felonious act was regarded as a substitute for the proof of malice aforethought required to find the defendant guilty of murder. This became known as the _________ doctrine.
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