Deck 8: Crimes Against Persons

Question 1

Asportation is also known as:

A) kidnapping.
B) movement.
C) false imprisonment.
D) Both A and C.

Answer 1

movement.

Question 2

Unlawful as used in the definition of kidnapping:

A) means that the victim has not given consent.
B) Refers to the defendant's state of mind.
C) means that the movement of the victim is not pursuant to a legal order or court process.
D) Both A and C.

Answer 2

means that the movement of the victim is not pursuant to a legal order or court process.

Question 3

The two-prong test to determine if the movement requirement in kidnapping has been met includes:

A) the movement was by compulsion and it was substantial.
B) the movement was by compulsion and it was unlawful.
C) the movement was unlawful and substantial.
D) None of the above

Answer 3

the movement was by compulsion and it was substantial.

Question 4

The force necessary for kidnapping is:

A) unlawful and physical.
B) unlawful and by threat of physical force.
C) either direct physical force or by threat of physical force.
D) either direct physical force or indirect fraud.

Question 5

The essential difference between false imprisonment and kidnapping is:

A) false imprisonment does not require that force be used.
B) no movement is required in false imprisonment.
C) no threats are involved in false imprisonment.
D) Both A and C.

Question 6

The test to determine if a battery has occurred is:

A) whether a reasonable person would consider the touching as offensive.
B) whether the victim considered the touching as offensive.
C) Whether the defendant considered the touching as offensive.
D) None of the above

Question 7

An assault is:

A) an attempt to injure the person of another.
B) an intent to frighten without actual injury.
C) Both A and B.
D) None of the above.

Question 8

The elements to the crime of mayhem include:

A) an unlawful battery with the negligent infliction of a violent injury resulting in depriving a person of a member of his body.
B) an intentional and unlawful assault with the malicious inflicting or attempting to inflict violent injury, and resulting in depriving a person of a member of his body, or disabling, disfiguring, or rendering it useless, or cutting or disabling the tongue, or putting out an eye, or slicing the nose, ear, or lip.
C) an unlawful battery, maliciously inflicting or attempting to inflict violent injury, and resulting in depriving a person of a member of his body, or disabling, disfiguring, or rendering it useless, or cutting or disabling the tongue, or putting out an eye, or slicing the nose, ear, or lip.
D) Both A and B.

Question 9

The defendant, in an attempt to kill the victim, fires a rifle in the general direction of the victim. However, the victim is asleep and is unaware of the shooting. Has an assault occurred?

A) Yes, in most states an assault has occurred even if the victim is unaware of the attempted battery.
B) No, since the victim did not experience any fear, an assault has not occurred.
C) Yes, since intent to commit the crime of battery will be inferred.
D) No, since the defendant intended to kill the victim and missed.

Question 10

In most states, the intent element for the crime of battery may be met by an act of:

A) accident.
B) criminal negligence.
C) gross negligence.
D) civil negligence.

Question 11

What standard is applied to determine whether the actor's conduct is fear inducing in assault cases?

A) That of a reasonable person.
B) None, it's a strict liability crime.
C) That of a victim in like or similar circumstances.
D) None of the above

Question 12

Women are more likely to be stalked by:

A) strangers.
B) intimate partners.
C) it's almost an even split.
D) None of the above.

Question 13

Stalking as a crime:

A) is not limited to face-to-face contact.
B) is a crime in every state.
C) lasts almost three years per stalking victim.
D) None of the above.

Question 14

Consent is a defense to battery as long as the contact is:

A) expected.
B) part of a written agreement.
C) part of the normal course of the action in question.
D) not unlawful.

Question 15

Trafficking of humans is a recent phenomenon, and worldwide awareness and criminal measures are having what effect on it?

A) The problem is escalating and spreading.
B) There has been little to no effect.
C) Human trafficking activity is decreasing.
D) More laws to combat trafficking.

Question 16

The Victims of Trafficking and Violence Protection Act of 2000 allows for:

A) a nonimmigrant visa classification for reporting trafficking, exploitation, victimization, and abuse to law enforcement.
B) exportation of those convicted of trafficking or exploitation.
C) the attorney general's discretionary power to convert non-immigrants to permanent residents on humanitarian grounds.
D) both A and C.

Question 17

The appeal of high tech stalking does not include:

A) lowered criminal charges under stalking law.
B) less risk of being discovered.
C) ability to harass from any locale.
D) anonymity.

Question 18

What is the vaguest portion of the model anti-stalking law?

A) "...a reasonable person to fear bodily injury..."
B) "A course of conduct..."
C) "Acts inducing fear in the victim..."
D) "Knowledge that the victim will be placed in fear of injury or death."

Question 19

Based on research given, who would be the most likely victim of stalking?

A) A married woman by a man she does not know.
B) A single man by an angry ex-girlfriend.
C) A celebrity.
D) A single woman by a man she was once intimate with.

Question 20

What distinguishes terrorism from traditional crime?

A) to intent to coercing a population or influence a government action.
B) the religion of the terrorist.
C) the hidden nature of the crime.
D) Both B and C.

Question 21

The general rule is that if the victim consents to the movement, even if the consent was obtained by fraud, there is no kidnapping.

Question 22

False imprisonment is the lawful violation of the personal liberty of another by force or fear.

Question 23

Battery is the unlawful, willful and offensive touching of the person of another.

Question 24

There are two standard types of assault.

Question 25

Asportation pertains to both kidnapping and false imprisonment.

Question 26

Modern kidnapping statutes recognize "slight" movement as being enough for the crime.

Question 27

Physical force or the threat of physical force is an essential element to the crime of kidnapping.

Question 28

Mistake of fact is a defense to the crime of kidnapping.

Question 29

A parent cannot kidnap their child.

Question 30

At the federal level, kidnapping is punishable by up to life in prison.

Question 31

False imprisonment is a lesser included offense to kidnapping.

Question 32

A person can be falsely imprisoned without their knowledge.

Question 33

Assault and battery are separate and distinct crimes.

Question 34

The mens rea of battery is unjustified offensive touching.

Question 35

Mayhem is an aggravated form of assault.

Question 36

A stalker uses harassing or frightening conduct in attempt to control, dominate, or produce fear in their victims.

Question 37

The most common form of human trafficking is trafficking men for the purposes of illegal and underpaid work.

Question 38

Human trafficking is seen as a less risky and more profitable form of organized crime.

Question 39

Threatening communications by email, cell phones, or other computer devices cannot be included in stalking charges.

Question 40

The federal government has not defined terrorism.

Question 41

Terrorism constitutes the commission of a traditional crime but with the ___ to coercing a population or influencing a government course of action through fear or intimidation.

Question 42

One key factor that distinguishes a terrorist act from traditional crime is the selection of the ___.

Question 43

Cutting off the ear of a person constitutes the crime of ___.

Question 44

Women and children are trafficked internationally to become ___ in the constantly growing sex trade.

Question 45

The crime of assault, causing serious bodily injury, is actually a __ rather than an assault.

Question 46

Threatening to hit someone with your hands is a __ assault.

Question 47

Some states have amended their stalking laws to expressly include stalking via the

Question 48

Restriction of a person freedom of movement may constitute kidnapping or __ imprisonment.

Question 49

Federal authority to investigate kidnapping is based on the assumption that the victim will be taken across __ boundaries.

Question 50

___ is essentially an aggravated form of false imprisonment.

Question 51

To constitute the crime of kidnapping, the movement must be substantial and by __.

Question 52

Stalking is a course of __ that causes a reasonable person to fear bodily injury or death for himself or herself or members of his or her family.

Question 53

Mayhem is an aggravated form of ___.

Question 54

___ assaults or batteries are assaults and batteries with aggravating factors.

Question 55

The doctrine of __intent is applied to those cases where the offender intends to injure one person and by mistake or accident injures another.

Question 56

Match words with associated meaning, concepts, issues or principles

-Famous kidnapping case

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 57

Match words with associated meaning, concepts, issues or principles

-Crime requires asportation

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 58

Match words with associated meaning, concepts, issues or principles

-A lesser included offense of kidnapping

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 59

Match words with associated meaning, concepts, issues or principles

-A form of trafficking in humans.

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 60

Match words with associated meaning, concepts, issues or principles

-Continued following of a former lover.

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 61

Match words with associated meaning, concepts, issues or principles

-asportation

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 62

Match words with associated meaning, concepts, issues or principles

-stalking a person by computer

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 63

Match words with associated meaning, concepts, issues or principles

-The unjustified offensive touching of a person

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 64

Match words with associated meaning, concepts, issues or principles

-A felonious assault

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 65

Match words with associated meaning, concepts, issues or principles

-Commission of a crime with the intent of influencing government action.

A) false imprisonment
B) movement
C) cyber-stalking
D) Charles Lindbergh's son
E) terrorism
F) kidnapping
G) battery
H) aggravated assault
I) stalking
J) sex traffic

Question 66

Define asportation.

Question 67

Define the term unlawful as used in the crime of kidnapping.

Question 68

Explain how kidnapping and false imprisonment differ.

Question 69

What constitutes the crime of stalking?

Question 70

Define the crime of simple of assault.

Question 71

What was the purpose of the Victims of Trafficking and Violence Protection Act of 2000?

Question 72

Define the crime of mayhem at early common law.

Question 73

What are the most common types of kidnapping?

Question 74

Jerry while attempting to rob a federally insured bank is interrupted by the arrival of the police. In an attempt to escape, he forces the bank teller to accompany him into the bank parking lot. When arrives in the parking lot, he frees the bank teller. Has he committed the crime of kidnapping?

Question 75

John and his wife are involved in a nasty divorce proceedings. John in an effort calls his wife twice on the telephone trying to get an agreement over child custody. When his wife fails to answer the telephone, he goes to her place of work and waits outside to talk to her when she leave work. Is John a stalker?