Deck 2: Definitions of Crime

Question 1

What distinguishes a crime from a tort?

A) The seriousness of the act
B) A crime is a public wrong, where a tort is a private wrong
C) A crime causes harm, a tort causes no harm
D) A crime is defined the courts, torts are defined by people.

Answer 1

B

Question 2

Which of the following is not a component of a crime?

A) The occurrence of a specific kind of injury ort loss
B) An expectation of illegality
C) Somebody's criminality, meaning a criminal act by a specific person
D) The accused's identity as the doer of this crime

Answer 2

B

Question 3

Which of the following describes the term "corpus delicti?"

A) The substance of a crime that consists of an injury or loss and the criminal act that resulted in it.
B) Conduct that is prohibited and has a specific punishment prescribed by law
C) A distinct pattern of criminal activity
D) The body in a murder case

Answer 3

A

Question 4

An offense that is considered evil or wrong from its own nature and devoid of any rational defense is called

A) Mala prohibita
B) Mala in se
C) Mens rea
D) Actus reus

Question 5

An offense prohibited by statute but not inherently evil or wrong is called

A) Mala prohibita
B) Mala in se
C) Mens rea
D) Actus reus

Question 6

A culpable mental state; one involving intent or knowledge and forming an element of a criminal offense is called

A) Mala prohibita
B) Mala in se
C) Mens rea
D) Actus reus

Question 7

The substance of a crime that must be proven and that consists of an injury or loss and the criminal act that resulted in it is called

A) Mala prohibita
B) Mala in se
C) Mens rea
D) Actus reus

Question 8

Which of following philosophers\jurist perceived crime as a confrontation with nature itself and bound to lead it perpetrators to a life of misery and corruption?

A) Jeremy Bentham
B) Cicero
C) Augustus
D) John Stuart Mill

Question 9

There are certain acts that are universally considered as deviant or errant in design and therefore prohibited by law by all societies. Which one the following does not fall into these category of crimes?

A) Bestiality
B) Incest
C) Political crime
D) Murder

Question 10

Which of the following demonstrate how one approach to defining crime is accomplished by classification by grade and severity?

A) Degrees of a criminal act based on the level of involvement by the actor
B) The dividing of crimes into two classifications of severe and less severe, called felonies and misdemeanors
C) Defining serious from less serious crime by classifying them as federal or state crime
D) A & B only

Question 11

Why are crimes defined as felony and misdemeanors and each are further defined by classification?

A) It is a convenience designed by legislatures with little meaning
B) It is designed to determine which police agencies and courts deal with the offenders
C) It is a concerted effort to grade offenses according to the level of criminal culpability and the depth and breadth of criminal participation
D) The classifications are arbitrary and provide little explanation for the severity with which societies view criminal acts

Question 12

Which of the following is an example of a mala in se crime?

A) Traffic offenses
B) Murder
C) Rape
D) Assault

Question 13

Zoning laws are mala in se crimes because they lack what key attribute?

A) Penalties
B) A moral dimension
C) Degrees of the crime
D) A universal definition of what constitutes the acts prohibited

Question 14

A capital offense is defined as

A) A crime against one's country
B) Governmental crime
C) A crime for which the punishment may be the imposition of death
D) A crime that may be defined as either a felony or misdemeanor depending on the state in which it was committed.

Question 15

Which of the following is an example of a crime that has been elevated in its seriousness by legislative act because they have been politically influenced?

A) Drug possession offenses
B) Habitual offender statutes
C) DUI related offenses
D) All of the above

Question 16

Felony crimes typically have penalties that involve incarceration of

A) Two years or more
B) Three years or more
C) Five year or more
D) 365 days or more

Question 17

What is the source of petit or summary crimes?

A) English common law
B) State legislatures
C) French common law
D) The U.S. Constitution

Question 18

When a person who aids, abets, encourages, solicits, or incites another to commit a crime this under the laws of

A) Double jeopardy
B) Complicity
C) Law of equal responsibility
D) Equity criminality

Question 19

Which of the following are key issues in determining is someone is a principal in a criminal act?

A) Presence and participation
B) Availability and intent
C) Knowledge and involvement
D) Intent and culpability

Question 20

An accessory to the commission of a crime provides assistance to the principal

A) Only before the event
B) Only after the event
C) Before or after the event
D) Simultaneously with the event

Question 21

An accessory before the fact does which of the following?

A) Can be a bystander or onlooker to the preparation of the criminal act
B) Assists in the development of the criminal enterprise and issues some sign of consent and willingness that the deed be done
C) Procures, counsels and commands before and during the criminal act
D) Knows of the preparation of the crime but does not necessarily have to provide any assistance

Question 22

An accessory after the fact does which of the following?

A) Knows of the crime but fails to tell police
B) Provides assistance during and after the criminal act
C) Provides relief, assistance and comfort to the criminal offenders after the act
D) The role of the accessory after the fact is more intellectual and less reactionary

Question 23

The legal concept of vicarious liability seeks to

A) Relieve the actual offender of a crime of any responsibility for the crime
B) Find a non-offender guilty of the offense even though the party committed no act or never intended the act be done
C) Only hold parent responsible for all acts by their children
D) Apply only in criminal conspiracy cases

Question 24

Federal legislation enables prosecution of a corporation in order to

A) Impose criminal sanctions for infractions and violations committed by people who operate the corporate entity
B) Hold individuals responsible in place of the corporation
C) To only hold the corporation civilly liable for the violation
D) Prevent individuals from being held criminally liable for their acts within the corporate activity

Question 25

Which of the following crimes has been the subject of recent constitutional challenges based on equal protection claims?

A) Sodomy
B) Bigamy
C) Rape
D) Robbery

Question 26

Which of the following crimes constitutes an unlawful taking?

A) Sexual Misconduct
B) Burglary
C) Theft of Services
D) Arson

Question 27

What offense is mostly mental in design?

A) Inchoate
B) Conspiracy
C) Misprision
D) Dual Intents

Question 28

The part of the crime that deals with the action, the movement of the crime itself:

A) Actus reus
B) Mala in se
C) Mens rea
D) Modus operandi

Question 29

Sexual relations with living things, other than human beings is:

A) Incest
B) Pedophilia
C) Bestiality
D) Necrophilia

Question 30

A crime is any act or omission prohibited by public law for the protection of the public.

Question 31

Corpus delicti is the substance of a crime that consists of an injury or loss and the criminal act that resulted in it.

Question 32

Punishment is not necessary for societal prohibition of a certain act.

Question 33

Religion has little influence on what is defined as criminal behavior.

Question 34

A life felony is more serious than a felony of the first degree.

Question 35

With mala prohibita offenses, the act's wrongfulness depends on the prohibition not the gravity of the movement.

Question 36

Mala in se crimes are wrong due to their cultural relativity to that which is considered prohibited by society at the time the crime is codified.

Question 37

Misdemeanors punishments are more commonly diverted from incarceration to alternative dispositions.

Question 38

Common law is the source of petit or summary offenses.

Question 39

The Model Penal Code declares that the primary agent of a crime and any accomplice in the criminal deed are responsible regardless of the level of participation and involvement and generally dispenses with the common law designations of principal and accessory?

Question 40

Once a crime proceeds beyond the preparatory stage, an accessory's presence at the crime scene, either constructively or actually, then the accessory ceases to be an accessory and evolves into a principal to the crime.

Question 41

If the principal to a crime is acquitted, the accessory can still be held legally for the accessory charge.

Question 42

The theory of vicarious liability finds a non-offender guilty of the offense even though the party committed no act or never intended the act to be done.

Question 43

Civil law, when compared to criminal law, deals with personal harms.

Question 44

Mala in se offenses are inherently evil or wrong even if not subject to criminalization.

Question 45

Robbery has been described as a larceny with force.

Question 46

Treason is commonly witnessed crime in the modern era.

Question 47

The primary criminal agent is known as the accessory.

Question 48

If the principal is acquitted, the accessory charge is legally possible.

Question 49

DUI/DWI offenses have shown a tendency towards decriminalization.

Question 50

Crimes vary according to subject matter and harmful effects.

Question 51

The Germans extermination attempts of the Jews during WWII manifest how deviance can be rationalized.

Question 52

A felony carries a less severe punishment than a misdemeanor though the actual time spent incarcerated never differs.

Question 53

Explain the term, "corpus delecti."

Question 54

What influences that which governments define as crimes?

Question 55

What defines that which is deviant and therefore criminal?

Question 56

What are three approaches to defining crime? Explain each.

Question 57

What are the various classifications of felonies?

Question 58

What are the various classifications of misdemeanors?

Question 59

Describe how mala in se/mala prohibita classification of crime has some influence on the severity of the crime and the severity of punishment attached to each crime?

Question 60

What constitutes the crime of treason?

Question 61

Why are misdemeanor crimes more likely than felony offenses to be diverted to alternative dispositions?

Question 62

What is a summary or petty offense?

Question 63

How does the Model Penal Code regard the primary criminal agent and an accomplice?

Question 64

What is a principal to a crime?

Question 65

What is an accessory to a crime?

Question 66

What are the key issues in determining if someone is a principal to a crime?

Question 67

How does Title 18 of the U.S. Code define an accessory after the fact?

Question 68

Describe the defenses available to persons accused of being an accessory to a crime?

Question 69

What is the concept of vicarious liability?

Question 70

To what extent can a corporation be held criminally liable for violations of the corporate entity?