criminal law final

Which amendment to the Constitution ensure that people aren't subject to cruel and unusual punishment?Eighth AmendmentWhich amendment to the Constitution guarantees the right to bear arms?2nd AmendmentWhat rule requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt?apprendi ruleThe void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?an unacceptable chilling effectWhat is hard punishment?a sentence of a year or more in prisonWhat thought process says that human beings seek pleasure and avoid pain?hedonismCrimes requiring a criminal act triggered by criminal intent are calledconduct crimesWhat does proportionality mean?Criminal offenses should be sentenced according to their seriousness.The name given to all types of unconscious bodily movements isautomatismWhat is the category of crimes that are punishable by death or confinement in the state's prison for one year to life without parole?feloniesThree-strikes laws are supposed to make sure that offenders who are convicted of a third felonyget locked up for a very long timeWhen U.S. Courts of Appeal review sentences, they have to consider whether a sentence is "unreasonable" in light of the guidelines andthe general purposes of sentencing under federal law.What name is given to offensive, sexually explicit material that is not protected by the First Amendment?obscenityWhat are some of the reasons that the American Law Institute created the Model Penal Code?clarification and simplification.What does it mean to "codify" criminal law?written definitions of crimes and punishment enacted by legislatures and publishedTo obtain a conviction, the prosecution must prove every element of the offensebeyond a reasonable doubtAccording to what principle must there be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?principle of legalityWhich of the following kind of punishments are prohibited by the Eighth Amendment?barbaricWho has the burden of proof regarding criminal conduct?prosecutionWhich of the following is not true of a felony crime?felony is never punished by imprisonmentWhich of the following rights is guaranteed by the Fourth Amendment?the right to freedom from unreasonable search and seizureCalifornia penal code section 240-241 states: 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. Section 241 identifies assault as what kind of crime?misdemeanorThe idea that the punishment must fit the crime is the Eighth Amendment principle ofproportionalityWhich doctrine imposes a legal duty to help or call for help for imperiled strangers?Good Samaritan DoctrineWhen an appellate court overturns the decision of a trial court and sends the case back for further proceedings in accord with its decision, the appeals court hasReversed and remanded the trial court decisionFor what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)?rape of an adult femaleWhich of the following are the two kinds of criminal possession?actual possession and constructive possessionStan robs a woman while she is walking home from work. Police later identify Stan as the robber and he is arrested. Stan is found guilty of robbery and is sentenced to one year in jail. During sentencing the judge notes that his reasoning for the sentence is that being in jail will keep Stan from robbing any other people and he wants to set an example for others. Preventing Stan from committing other robberies by putting him in jail is an example of what purpose for punishment?incapacitationWhich of the following crimes could be classified as mala in se?rapeJustice is a philosophical concept whose application depends onculpabilityWhat is the name of "an appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, Or unsupported by the evidence?abuse of discretion standardWhich of the following refers to what we do?actionWhich of the following is the highest level of proof?beyond a reasonable doubtLing expected his parents to buy him a car for his graduation from high school. His parents did not buy him a car. After his graduation Ling began to think of ways to murder his parents so that he could have his inheritance. Ling decided to cut the brake line on his parent's car before they went to dinner. Ling cut the brake line and his parents died as a result of a car crash due to the failure of the brakes in their car. The part of Ling's crime in which he cuts the brake line is calledactus reusThe authors of the U.S. Constitution were suspicious ofpower in the hands of government officialsWhen you possess something you don't know you possess, it is calledmere possessionWhat principle holds that the punishment should fit the crime?principle of proportionalityThe legal rule the court has decided to apply to the facts of the cases is called theholdingWhich of the following is not one of the criteria required for criminal punishment?The penalty inflicts enough pain so the offender experiences the full extent of society's disapproval.Which amendment contains the ban on cruel and unusual punishment?Eighth AmendmentAccording to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy?fundamental rightWhich type of possession is it when one has physical control of banned items?actual possessionWhich of the following categories of expression is not protected by the First Amendment?obscenityMost statutes adopt what MPC rule?one-voluntary-act-is-enough ruleWhat is the name given to "conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests?"criminal liabilityWe call crimes requiring a criminal act triggered by criminal intentconduct crimesIn Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution ofoffenders who committed their crimes when they were under the age of 18Case 2.4 Tory was fifteen years old when he intentionally pushed another high school student in front of a car, killing him. Tory stated in court that he wanted to kill someone and picked his victim at random. Tory has an extensive record of antisocial behavior and was sentenced to life without possibility of parole. Tory appealed the sentence but the appeal was unsuccessful. Tory's appeal would most likely be based on a violation of what constitutional amendment?the Eighth AmendmentThe existence of a legal duty is what element of a crime?attendant circumstanceWhich amendment to the Constitution requires that states provide equal protection of the law?Fourteenth AmendmentThe police decision to investigate or not is an example of what kind of decision making?DiscretionaryPrivate wrongs for which you can sue the party who wronged you and recover money are known asTortsWhat doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws?void for vaguenessJulio is sleeping on the couch in his living room when his wife arrives home from work. He is having a nightmare in which a man is trying to kill him. His wife bends towards him on the couch to give him a hug and a kiss. Julio strangles his wife thinking she is the man in the dream. Julio's behavior during his dream is also known asautomatismCriminal liability is criminal conduct that is withoutjustification or excuseCriminal liability is defined as criminal conduct that qualifies for criminalpunishmentThe American Association on Intellectual and Developmental Disabilities includes three elements in its definition of mental retardation. Which one of the following is not one of those elements?the person having an IQ below 80What document represents the American Law Institute's commitment to abolish common law?Model Penal CodeSerious crimes that include (1) a voluntary act, (2) the mental element(3) circumstantial elements, (4) causation, and (5) criminal harm are also calledbad result crimesWhat type of laws fail to give fair warning to individuals and law enforcement as to what conduct is unlawful?vague lawsThe appellant is the party whois appealing to overturn an unfavorable decisionAccording to the general principle of actus reus, every crime has to include at least onevoluntary actStatus can arise in two ways: (1) it can result from a prior voluntary act or (2)• it can result from no act at all, such as sex, age, sexual orientation, race, and ethnicity.What are the defenses and justification excuses called?affirmative defensesMost states follow which of the following?American Bystander RuleThere are numerous capital crimes where no one is killed. Which of the following is not one of those crimes?rapeWhat type of possession is required by most states before an act can be criminalized?knowingAutomatism is the name given tounconscious bodily movementsA legal fiction turns what into an act, although it is really a passive state?possessionCrimes that are inherently evil and require some level of criminal intent are calledmala in seWhat is the definition of preponderance of the evidence?more than 50%The concurrence element means that a criminal intent has totrigger the criminal act.Which of the following is part of a case excerpt?citationWhen state and municipal code provisions conflict, which one is supposed to take precedence?state codesWhat is the name of the law that criminalizes an act that was innocent when it was committed?ex post facto lawAfter U.S. v. Booker (2005), sentencing guidelines becameadvisorySome serious crimes include five elements. Which of the following is not one of those elements?omissionWhat is the only direct evidence of a defendant's mens rea?confessionCircumstances that convince fact finders that defendants don't deserve the maximum penalty for the crime they're convicted of are calledmitigating circumstancesLiability without fault, or in the absence of mens rea, is calledstrict liabilityAccording to what rule does the government have a monopoly on the use of force; so when you use force, you're "taking the law into your own hands'?rule of lawIntent to commit a criminal act as defined in a statute is known asgeneral intentIn strict liability cases, the prosecution has to prove only that defendants committed avoluntary criminal act that caused harmThe defense of voluntary intoxication is buffeted between two conflicting principles: accountability andculpabilityWhich doctrine holds that a person does not have to retreat if he or she didn't start the fight, even if it is safely possible?the stand-your-ground ruleThe MPC test of recklessness has two prongs. The first prong is subjective and the second prong isobjectiveDiminished responsibility is a defense ofexcuseIf attackers completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims. This is known aswithdrawal exceptionWhat is the most common form of waiver in the United States?JudicialWhat legal term applies when a juvenile court gives up jurisdiction over a juvenile and transfers the case to the adult criminal court?waiverMistake defenses are sometimes calledfailure of proof defensesWhich of the following is not one of the popular myths regarding the insanity defense?Criminal defendants who plead insanity are usually insaneTiffany is walking to the market to buy groceries. A man comes up behind her and puts a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley with the man who tells her to remove her clothes. Before she can do what he says the man drops the gun and Tiffany grabs it and shoots him. The man dies. If Tiffany is acquitted, she has achieved which of the following?a perfect defenseWhat defense justifies the commission of a lesser crime to avoid the threat of harm from a greater evil?choice of evilsWhich test focuses on defect in reason or cognition?right and wrongAs an affirmative defense, defendants have to carry some of the burden of proving they have an excuse that will relieve them ofcriminal responsibilityAccording to the Model Penal Code, what is the most blameworthy mental state?purposelyIn the majority of states, duress is not a defense formurderAt the heart of the "choice of evils" defense is the necessity to preventimminent dangerThe defense of duress consists of four elements: the (1) nature of the threat, (2) immediacy of the threats, (3) crimes the defense applies to, andLevel of belief regarding the threatGeorgia took her child to the emergency room with injuries on her legs and back. When doctors asked her how the child received the injuries, Georgia broke down weeping and said she beat her daughter two days ago but had just gotten her period. Which of the following obstacles is not one that Georgia is likely to face regarding her defense?proving she suffered from a medically diagnosed form of diminished capacity (?)Amelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of money. As Amelia is driving she sees her sister walking down the street. Amelia makes the decision to run her over with the car. She swerves off the road and runs her sister over and kills her. What is Amelia's motive for the murder of her sister?moneyStephanie asks her friend Ahmad to accompany her to her ex-boyfriend Tom's home so that she may gather some of her belongings. Ahmad does not like Tom and decides to teach him a lesson. He follows Stephanie inside and stabs Tom with a knife. Which of the mental states identified in the Model Penal Code best applies to Ahmad?purposelyWhich test of insanity focuses on the defendant's inability to control their conduct?irresistible impulseThe modern right to use force against those unlawfully entering the person's home generallydoes not include defense of the cartilageTerrance is showing Manuel his gun collection. Manuel has never before handled a gun. He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is unloaded. Terrance replies that he never puts ammunition in his guns except at the gun range where he goes to practice. Manuel points the gun out the window of the house and pulls the trigger. The gun fires, and a woman walking by on the sidewalk is shot and killed. Manuel's mistake would be a defense only if it• prevents the formation of any fault-based mental attitude.The case of The Queen v. Dudley and Stephens (1884) involves which defense?imminent necessityMarissa is at a party when her friend, John, hands her a glass filled with liquid. She asks her friend what is in it and John tells her it contains beer. Marissa drinks the beer which is also laced with LSD. While intoxicated she believes that John is trying to kill her and stabs him with a kitchen knife killing him. What excuse would Marissa likely use if she is tried for murder?involuntary intoxicationThe objective test of entrapment focuses onthe actions of policeRegarding defense of home and property, most statutes do not include what area?CurtilageFor purposes of insanity statutes, mental diseases do not includepsychopathic and sociopathic personalitiesMost defenses are perfect defenses; if they're successful, defendants areacquittedFrom the work of Plato to the present-day courts, criminal intent has been recognized and reaffirmed as the criminal law'smantraAt the heart of the "choice of evils" defense is the necessity to prevent what kind of danger?imminent dangerWhich test focuses on reason and self-control?substantial capacityThe shift from the philosophy of rehabilitation to retribution has led toMore juveniles at younger ages being tried as adultsFactual cause is also known as which of the following?"but for" causeWhich of the following is a key requirement of the necessity defense?that no reasonable legal option exists for averting the harmWhat state passed the first new castle doctrine?FloridaThe cause that either interrupts a chain of events or substantially contributes to a result is called theintervening causeA defense in which the defendant accepts responsibility for the act but claims what they did was right is calledjustificationCriminal liability without subjective or objective fault is also calledstrict liabilityThe objective determination that the defendant's act triggered a chain of events that ended as the bad result is called thecause in factDiminished capacity is what kind of defense?failure of proofA defense in which the defendant admits the act but claims that, under the circumstances, they aren't legally responsible is calledexcuseWhich of the following forms of intent is both objective and subjective?recklessThe mental element of a crime is called themens reaThe entrapment defense arose primarily in response to police excesses in enforcing what laws?consensual crimeA person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started?completely withdrawTo provide a valid consent defense, the consent of the victim must beknowing and voluntarySupporters of the castle laws see them as the public reassertingfundamental rightsWhich defense is based on the high valued placed on individual autonomy in a free society?consentJoe lives in Washington state. Joe tested positive for HIV. Joe receives counseling regarding HIV infection and the risks regarding the potential for transmitting HIV to sexual partners. Joe has sex with a woman without using condoms. What level of intent must be proved regarding Joe's culpability?beyond a reasonable doubtJohn Hinckley shot President Reagan. What happened to Hinckley after his trial?He was locked up in a hospitalThe element of causation applies only to what kind of crimes?bad result crimesFault that requires no purposeful or conscious bad mind in the actor isobjective faultDefendants rarely plead insanity. Those who dorarely succeedTwo commonly mentioned reasons for the current spread of new castle laws are Americans' heightened consciousness and concern about their security since 9/11 andthe lack of enough police to protect the publicThe four elements of self-defense are non-aggressor, necessity, reasonable belief andproportionalityWhat term is about holding an actor criminally accountable for the results of her conduct?causationThe defense of diminished capacityinvolves a claim that the defendant did not have the mens rea for the crime charged because of a mental disease or defectWhat type of laws are drastically reforming the law of self-defense?castle lawsThe general rule is that self-defense is available only against what type of attacks?unprovokedTony will most likely not be charged with a crime becauseit's hard to blame someone who was forced to commit a crimeWhat is the name of the right-wrong test of insanity?McNaughtan RuleWhich of the following cases involves the mental state "purposely'?State v. Stark (1992)Which of the following never justifies the use of force against another person?retaliationWhich of the following is recognized as a valid consent defense situation in most states?the injury happens during a sporting eventEvidence that doesn't amount to a perfect defense might amount to a/animperfect defenseThe element of causation applies only to what type of crimes?bad result crimesIn the absence of a confession, intent must generally be proven by what evidence?circumstantialSavannah and her girlfriend Vanessa have been drinking at her apartment most of the afternoon. They are arguing when Savannah goes into her bedroom and gets her gun. She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her car. She returns to the apartment. Savannah yells stop and runs towards the bathroom. Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa. What element of self-defense would Savannah fail to meet in this encounter if she did not withdraw?unprovoked attackDiminished capacity iSFailure of proof defenseOne of the four elements of self-defense states that defenders can use deadly force only if they reasonably believe it's necessary to repel an imminent deadly attack. What is the name of this element?NecessityKnowing consent meansthe person consenting understands what she's consenting toFault that requires a bad mind in the actor issubjective faultIn the mental state of "knowing," the watchword isawarenessFederal law required the government to prove Hinckley's sanity at what level of proof?beyond a reasonable doubtWhich of the following is an obstacle to proving the premenstrual syndrome (PMS) defense?all of theseSteve is eight years old and was walking home from school when a twelve year old neighbor boy (Joey) tells him he has candy at his house and to come over and eat some with him. Steve goes to Joey's house where he eats candy with Joey. After they are done eating Joey takes out a knife and stabs him 8times and kills him. Court wants to process as an adult, Which of the following is not one of the ways he will be waived as an adult in court?EXECUTIVE WAIVERTony is playing basketball with some friends. A stranger walks onto the basketball court and pulls out a gun. The stranger tells Tony to take all of his friend's money and give it to him or he will shoot him. Tony takes the wallets from his friend's and gives the stranger their money. If Tony is charged with a crime, what element of his defense might be at issue?all of those elements might be an issueEmpirical research shows support for a connection between morality and the ignorance of the law asDefense in criminal liabilityCase 5.5 Tiffany is walking to the market to buy groceries. A man comes up behind her and puts a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley with the man who tells her to remove her clothes. Before she can do what he says the man drops the gun and Tiffany grabs it and shoots him. The man dies. If Tiffany is charged with murder which of the following defenses should she use?justification defenseWaivers to adult court come in three varieties. Which of the following is not one of those varieties?executiveAmelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of money. As Amelia is driving she sees her sister walking down the street. Amelia makes the decision to run her over with the car. She swerves off the road and runs her sister over and kills her. What state of mind best describes Amelia during her crime?purposelyDefendants who receive a "not guilty by reason of insanity" verdict areOften sent to mental institutions for many yearsStephanie decided that she is done with her marriage and wants out. She does not want a divorce, as her husband is very wealthy and she will not receive a great deal of money if she divorces him. Stephanie decided to murder her husband so that she can keep his money. Stephanie stabs her husband in the chest in the middle of the night not realizing that he died of a heart attack two hours earlier. This scenario is an example of afactual impossibility.What reduces the seriousness of the crime and the punishment to allow for human frailty?provocationParent responsibility statutes are based on parents' acts andomissionsSanchez owns 13 adult entertainment stores that have been operating successfully for ten years. Sanchez is convicted of transporting and selling obscene material. He was also convicted of racketeering activity. If he is convicted, which of the following is a likely punishment?all of theseVicarious liability cases that attract the most attention involvelarge national corporationsJasmine leaves her car running in the driveway as she is closing her garage door. Omar gets in the car as her back is turned and begins to drive away with Jasmine's eight-year-old daughter in the car. Jasmine runs to the car and puts her arms through the driver's side window which is open about ten inches. She grabs for the keys and succeeds in turning off the car as it hits the curb across the street (a distance of approximately 50 feet). Based on the information provided, what crime would Omar most likely be charged with?simple kidnappingWhich of the following practices regarding the death penalty are banned by the Constitution?mandatory death sentencesWhy is rape considered to be such a serious crime?rape violates intimacy and autonomyThroughout most of history, homicide law has followed what rule for determining when life begins?the born alive ruleHow do most traditional rape statutes define "rape"?intentional sexual penetration by force without consentParticipants before and during the commission of crimes areguilty of the crime itselfIn common law rape trials, victim credibility relied upon which of the following?the victim's chastity, prompt reporting of the rape, and witness corroborationThe central elements in involuntary manslaughter areactus reus and mens reaEuthanasia presents what kind of dilemmas?moral, ethical, and legalWhat is the name of the common law rule that a husband who caught his wife in the act of adultery had adequate provocation to kill?paramour ruleA circumstance beyond the attempter's control that prevents the completion of a crime is known as a(n)extraneous factor.Knowingly creating a substantial and unjustifiable risk is the definition ofrecklessnessThe seriousness of sex offenses under the reform laws of the 1970s and 1980s is graded according to what criteria?The seriousness of sex offenses under the reform laws of the 1970s and 1980s is graded according to all of these criteria.What is the most common type of rape?acquaintance rapeTo be a defense to attempt, the abandonment of the attempt must bevoluntaryJoseph owns his own car maintenance shop. He has been in business for twenty years and has done quite well. Edward opens a car maintenance shop across the street from Joseph. Joseph loses a large number of customers to Edward. Joseph decides to eliminate the competition and hires a man to murder Edward for the sum of $5,000. What crime has Joseph committed?soliciting murderBy 1700, the English common and statute laws of homicide and the American colonies' law recognized three kinds of homicide. Which of the following is not one of those kinds of homicide?paramour homicideWhich of the following would be a valid impossibility defense?what the defendant plans to do to the victim is not a criminal actThe case of Pinkerton v. U.S. (1946 deals with what rule?The rule that the crime of conspiracy and the crime the conspirators agree to commit are separate offensesRape shield statutesprohibit introducing evidence of victim's past conductUnintentional deaths that occur during the commission of some felonies are calledfelony murderStewart accidently shot his pregnant girlfriend Daphne. Daphne died shortly after arriving at the hospital but the baby was born alive. Due to complications resulting from the fatal injury to Daphne, the baby died the following day. Based on the "born alive" rule, Stewart is guilty oftwo counts of reckless homicideGeorge spent most of the afternoon playing cards with Chuck. A man carrying cash walked by and Chuck pulled a knife and robbed the man with the cash. Both George and Chuck fled the scene. George was caught; Chuck never was. What case deals with flight from the scene of a crime?Bailey v. U.S.If an armed offender accidentally killed the store clerk during an armed robbery, this would befelony murderYule and Theresa attend the same community college and have taken several courses together over the past few semesters. Yule approaches Theresa and asks her if she would mind helping him study for a final exam in a course they are currently taking. Theresa agrees and accompanies him to his apartment after class. They spend several hours studying. During break Yule attempts to kiss Theresa and she rejects him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off of her. After he ejaculates Theresa runs from the apartment. In trying Yule for the offense, the court would use what standard to determine if Theresa resisted?reasonable resistance ruleThere are basically four types of crimes against persons. Which of these is not one of those types?embezzlementA statute that addresses the crime of attempted rape would fall into which of the following categories?specific attempt statuteAn important public policy justification for the crime of conspiracy isspecial danger of group criminalityDeath penalty trials require two phases: guilt and sentencing. What is the name given to this procedure?bifurcation procedureToday, in most jurisdictions, rape includes how many elements?threeDeath caused by a person who is aware that her acts create a substantial and unjustifiable risk of death or serious bodily injury, but acts anyway is known ascriminal negligence homicideA farmer leases 200 acres of land to a renter he knows is going to use it for illegal activity. This is an example of which of the following?accomplice mens reaWhat test of attempt actus reus excludes conduct that falls short of the last proximate act that should be included?the all but the last act testAn intentional, sudden killing triggered by an adequate provocation is said to bethe heart of voluntary manslaughterIn which of the following cases did the Supreme Court approve Oregon's Death with Dignity Act?Gonzalez v. Oregon (2005)What Act is a specialized conspiracy law frequently utilized against organized and white-collar crime?RICOUnder common law, persons who actually committed a crime were calledprincipals in the first degreeRegarding attempt actus reus, which test asks whether defendants have come "dangerously close" to completing the crime?the dangerous proximity to death testWhich of the following is typically an aggravating circumstance that will justify infliction of the death penalty?torture victimWhich test focuses on whether defendants have gone far enough toward completing the crime that it's unlikely they'll turn back?the probable desistance testWhat dramatically changed the nature of corporations from government entities controlled by government to private business operated by internal management?Industrial RevolutionWhich test asks whether defendants have come "dangerously close" to completing the crime?dangerous proximity to success testWhat dramatically changed the nature of corporations from government entities controlled by government to private business operated by internal management?Industrial RevolutionThere's a trend in the United States to abolish which of the following?Unlawful act manslaughterThe legal fiction created by the Supreme Court which makes it possible for corporations to commit crimes is calledrespondeat superiorWhich of the following is less blameworthy than participation in a crime itself?accessory liabilityCasey decides to start an illegal business. He contacts all of his friends and family and pools a significant sum of money. Casey purchases a large quantity of marijuana and imports it using his friend Ryan. Ryan delivers the marijuana to Joe. Joe distributes the marijuana to a number of different people for sale. Only Casey knows everyone involved in his marijuana business. The actus reus of Casey's crime has how many parts?twoWhich of the following may be included in the definition of serious bodily injury?all of these may be included in the definition of serious bodily injuryStewart accidently shot his pregnant girlfriend Daphne. Daphne died shortly after arriving at the hospital but the baby was born alive. Due to complications resulting from the fatal injury to Daphne, the baby died the following day. If the baby had died prior to being born what might some states have called the death?feticideA conspiracy where one or more defendants participate in every transaction is known aswheel conspiracyWhich of the following is sometimes true of rape victims?they doubt their own innocence and blame themselves for what happened.What crime is second only to murder in being regarded as the most serious crime?rapeIn statutory rape, what substitutes for force?immaturityAn assault is a threatened or attemptedbatteryWhich of the following is not one of the four common law parties to crime?accompliceDomestic violence crimes since the early 1970s have been transformed from a private concern to acriminal justice problemWhich of the following can courts consider when determining if a victim's fear was reasonable?courts consider all of these when determining if a victim's fear was reasonableWhich of the following is a defense to criminal attempt?legal impossibilityWhat is required for words to qualify as accomplice actus reus?if they encourage and approve the commission of the crimeJosiah is angry at Valerie for failing him in his psychology class. Josiah loads his 357 revolver, carefully aims it at Valerie and pulls the trigger, killing her. Regarding mens rea for the above crime, what doctrine is exhibited?the deadly weapon doctrineTerrell has been drinking in a bar for several hours. As he is preparing to leave a man walks by and bumps against him. Terrell punches the man in the face hard enough to break his nose. The man pulls a gun from his pocket and shoots Terrell, killing him. Which of the following might change Bob's crime to murder?a cooling off periodVicarious liability statutes grew out of public fear, frustration, and anger over juvenile violence and parentsfailure to control their kidsSince the 1970s, rape laws have been reformed byrelaxing the prompt reporting ruleKilling done by someone insane and immature is known asexcusable homicideA fraternity holds a party during rush week at a local college. A number of the guests are not of legal age to drink alcohol so the fraternity does not provide alcohol at the party. Several members of the fraternity go to the bank before the party and withdraw large quantities of one dollar bills to provide change for a vending machine that contains beer in a separate apartment at the back of the fraternity house. The fraternity is charged with recklessly selling alcohol to minors. Which of the following cases addresses this issue?State v. Zeta Chi FraternityYule and Theresa attend the same community college and have taken several courses together over the past few semesters. Yule approaches Theresa and asks her if she would mind helping him study for a final exam in a course they are currently taking. Theresa agrees and accompanies him to his apartment after class. They spend several hours studying. During break Yule attempts to kiss Theresa and she rejects him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off of her. After he ejaculates Theresa runs from the apartment. What crime has Yule committed against Theresa?unarmed acquaintance rapeStalking includes which of the following?intentional scaringWhat was the "dirty secret' that resulted in reforms in sex offense law?The vast majority of rape victims are raped by men they knowCasey decides to start an illegal business. He contacts all of his friends and family and pools a significant sum of money. Casey purchases a large quantity of marijuana and imports it using his friend Ryan. Ryan delivers the marijuana to Joe. Joe distributes the marijuana to a number of different people for sale. Only Casey knows everyone involved in his marijuana business. What kind of inchoate crime is Casey involved in?conspiracyWhat is the name of the rule that says that the conspiracy to commit the crime and the crime committed as a result of the conspiracy are different offenses?Pinkerton RuleAsportation is one of the elements of kidnapping. Asportation meanscarrying awayIn the case of Joy and Jeff, which of the following is not true?Joy did not commit a crime.How many primary arguments exist in opposition to euthanasia?twoWhat test of criminal actus reus is concerned with whether defendants have control of everything they need to commit the crime?the indispensable element testKilling a person without malice forethought is calledmanslaughterWhich of the following is a "dangerous person test'?the probable desistance testTammy and Jenny are having coffee in Tammy's kitchen. Jenny uses an electrical cord to beat Tammy's one-year-old daughter for several hours repeatedly until she is bleeding. Tammy looks on but does nothing. Tammy is guilty of the crime because of what exception to the mere presence rule?the duty to act exceptionWhat transfers the actus reus and mens rea of an employee to the employer?vicarious liabilityNonconsensual sex between individuals who are known to one another is calledunarmed acquaintance rapeThe vast majority of current criminal codes have adopted what test's language regarding attempt actus reus?the MPC "substantial steps" testWhich of the following cases relates to juries and accomplice actus reus?State v. Ulvinen (1981)What rule defines adequate provocation as "a smoldering resentment or pent-up rage resulting from earlier insults or humiliating events culminating in a triggering event that, by itself, might be insufficient to provoke the deadly act'the "last-straw" ruleUnder common law, persons present when a crime was committed and who helped commit it were calledprincipals in the second degree.The Model Penal Code's substantial steps test (also called the "MPC test') was designed to accomplish three important goals. Which of the following is not one of those goals?end all use of proximity and unequivocality tests with a clearer and easier-to-understand-and-apply testIn general, merely being present at the scene of a crimeis not sufficient to create accomplice liabilityCriminal liability is imposed on accomplices and accessories because theyparticipated in the crimesParticipants who are involved after the commission of a crime are guilty of aseparate, less serious offenseCarlos and Tanya worked together at a restaurant. Carlos asked Tanya out on a date and Tanya declined. Carlos became very angry and began sending increasingly threatening e-mails to Tanya. Tanya obtained a civil protection order. Carlos continued e-mailing and threatening Tanya while also acknowledging that he was in violation of the protection order. Tanya changed her address, license plate, employment, and moved. The crime Carlos committed is a bad result crime. What is the bad result in this crime?placing victims in fearMost modern statutes use the unilateral approach to conspiracy crimes. This means thatall of the conspirators do not have to intend to go through with the agreement to commit the crimeRICO is often used to prosecute which of the following?white color crime (?)What fear test have most states adopted from the Model Penal Code to evaluate the harm caused to the stalking victim?subjective and objectiveWith regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test?objective test of cooling-off timeWhat is the name of the rule that not all conspirators have to agree with or even know the other conspirators?The Unilateral Approach to Conspiracy PartiesWhich rationale concentrates on how fully defendants have developed their criminal purpose?dangerous person rationaleWhy are rape and other sexual assaults different from all other felonies?Because under other circumstances, the behaviors connected with them are legal, healthy and desiredJosiah is angry at Valerie for failing him in his psychology class. Josiah loads his .357 revolver, carefully aims it at Valerie and pulls the trigger, killing her. What crime has Josiah committed?first degree murderWhich of the following facts would elevate Omar's crime to a more serious offense?All of these factors would elevate the crime to a more serious offenceJoe robs a bank with a gun. While exiting the bank a customer grabs him from behind and attempts to take the gun from him. The gun fires and kills the customer. What crime are unintentional deaths that occur during the commission of some felonies?felony murderIt's almost impossible to get details about which kind of rape victims?malesWhich of the following cases involves being an accessory-after-the-fact?State v. Chism (1983)One of the most critical problems in sex offenses is to distinguish flirting and seduction fromsexual assaultRape by strangers or individuals with weapons who physically injure their victims isaggravated rapeA pattern of illegal activity carried out in the furtherance of an enterprise owned or controlled by those engaged in the activity is calledracketeeringProbably the most publicized corporate murder case involved the deaths of three young women who were killed on an Indiana highway in 1978 when what car exploded?Ford PintoWhat establishes when you can be criminally liable for someone else's conduct?complicityWhat is the definition of carnal knowledge?vaginal sexual intercourseSome state legislatures have created a crime specifically to address the killing of an unborn child. What is the name given to this crime?FeticideWhat type of liability establishes when a party can be criminally liable because of a relationship?vicariousWhat is the name of the catchall offense that includes killings that are neither manslaughter nor first-degree murder?second degree murderStatutory rape is what kind of crime in most states?strict liabilityThe vague definitions of the elements in conspiracy offer considerable opportunity forprosecutorial and judicial discretionAs the common law developed, murder was distinguished from manslaughter in that murder requiredmalice aforethoughtWhich test asks whether defendants have reached a point where they've gotten control of everything they need to complete the crime?indispensable element testThe mens rea of criminal attempt is alwayspurposeSanchez owns 13 adult entertainment stores that have been operating successfully for ten years. Sanchez is convicted of transporting and selling obscene material. He was also convicted of racketeering activity. Sanchez is in violation of what act?RICO ActThe argument that a state can't exercise power over individual members of society except to prevent harm to others is calledpresumption of bodily integrity.To prove voluntary manslaughter, the prosecution has to prove thatthe provocation caused the passion and the killing.