Question 1

Which defense is one in which the defendant admits to the criminal activity but offers reasons for acting?

Accepted Answer

The answer of Which defense is one in which the...

Question 2

Which is one of the most serious crimes one can perpetrate against another person?

Accepted Answer

Homicide is the killing of one person by another, which is the most serious crime as it takes away someone's life, deprives their loved ones of their presence, and has permanent consequences.

Question 3

YoonHee is an 18-year-old single mother who works part-time to support herself and her 6-month-old child and also attends night classes. She often struggles to make ends meet and is eventually laid off from her job. After a few months of unemployment, YoonHee does not have enough money to support herself. Desperate to feed her child, she enters a local supermarket and steals several containers of formula. Which of the following is true?

Accepted Answer

YoonHee's intent was to steal formula. The act is not considered a public order crime as it does not harm or disrupt society in a broader sense. It is also not considered burglary as she entered a public space and did not break into a private residence or business. YoonHee's motive for stealing the formula may have been desperation to provide for herself and her child, but her intent was to steal the specific item.

Question 4

Which of the following is the unlawful, intentional killing of a human being with premeditation and malice aforethought?

Accepted Answer

Murder in the first degree is defined as an unlawful, intentional killing with premeditation and malice aforethought. This means that the perpetrator planned the murder ahead of time and had the intent to kill the victim.

Question 5

It is July in Phoenix, Arizona, and Jeff is running errands with his 6-month-old daughter strapped into her carrier in the back seat. Jeff stops at work to grab some files but gets waylaid by coworkers and ends up spending 3 hr at the office. When Jeff returns to the car, he finds his child unresponsive, apparently overcome with the heat. The child is pronounced dead at the hospital. With what crime is Jeff likely to be charged?

Accepted Answer

Jeff is likely to be charged with involuntary manslaughter, as he did not intend to cause harm to his child but his negligence in leaving her in a hot car resulted in her death.

Question 6

Michael is driving the speed limit and paying full attention, but accidentally hits a small child who darts into the street from behind a large RV. What might this be classified as?

Accepted Answer

This could be classified as excusable homicide, as it was an accidental act while the driver was obeying the law and paying attention. No intent was present to cause harm, and it was not due to reckless behavior.

Question 7

Crimes that are punished most severely in the US criminal justice system are those crimes that are ______.

Accepted Answer

Crimes that are premeditated, or planned in advance, are often punished more severely in the US criminal justice system. This is because premeditation implies a higher degree of intent and therefore culpability. Unintentional crimes, on the other hand, may result in lesser punishments. Motivation and negligence can also be factors in determining the severity of a punishment, but premeditation is often seen as the most aggravating factor in many cases.

Question 8

Which of the following is an actus reus that would be an example of an omission?

Accepted Answer

An omission is a failure to act when there is a legal duty to act. In this case, the man has a legal duty as a parent to provide basic necessities such as food for his child. Failing to do so qualifies as an actus reus by omission. The other choices involve actions or attempted actions rather than a failure to act.

Question 9

Criminal homicide falls into two categories: murder and _______.

Accepted Answer

Criminal homicide is categorized into two types; murder and manslaughter. Manslaughter involves the killing of another person without premeditation or with intention, but without malice aforethought. It can happen under a sudden impulse of passion or as a result of negligence.

Question 10

Jack and Jill plan to shoplift from a convenience store. While Jack walked out with a case of beer he did not pay for, the store clerk confronted Jill, who shot and killed the clerk. Both Jack and Jill are apprehended and charged with first-degree murder. What does this case illustrate?

Accepted Answer

The case illustrates the felony-murder rule, which holds that if someone dies during the commission of a felony, all those involved in the felony can be charged with murder, regardless of whether they intended to kill anyone.

Question 11

Which term outlines that if a death occurs during the commission of a felony, the defendant will be charged with murder in the first degree?

Accepted Answer

The felony-murder rule states that if a death occurs during the commission of a felony, the defendant will be charged with murder in the first degree, regardless of their intent or premeditation. The rule is based on the principle of holding individuals responsible for the foreseeable consequences of their actions, and has been widely adopted in many jurisdictions.

Question 12

Which are considered less serious offenses and can be punished by less than 1 year incarceration in jail?

Accepted Answer

Misdemeanors are considered less serious offenses and can be punished by less than 1 year incarceration in jail. Petty crimes and status offenses are not legal terms, and felonies are more serious offenses that carry more severe punishments.

Question 13

What is another term that may be used to describe that a person intended to commit a crime on purpose?

Accepted Answer

Malicious intent implies that the person acted with the intention to harm or commit a crime on purpose. The other choices refer to different types of behavior, such as being careless (negligent) or not taking enough precautions (without due caution). Reckless behavior involves taking risks without considering the consequences.

Question 14

Which crime involves taking or attempting to take anything of value from another person by force or threat of force or violence, during which the victim is in fear of injury or death?

Accepted Answer

Robbery specifically involves taking or attempting to take something of value from another person through force, threat of force, or violence, while the victim is in fear of injury or death. Burglary involves illegally entering a building to commit a crime, while aggravated assault involves inflicting serious bodily harm or using a deadly weapon, and arson involves deliberately setting fire to property.

Question 15

Which of the following is grounded primarily in psychology?

Accepted Answer

The answer of Which of the following is grounded primarily...

Question 16

One's state of mind to commit a crime is known as a person's ______.

Accepted Answer

Intent refers to a person's mental state or purpose to commit a crime. It is a crucial element in determining the level of criminal liability for a particular offense. Motive, on the other hand, refers to the reason or underlying cause that drives someone to commit a crime, but it is not necessarily a required element for a criminal charge. Recklessness and negligence are different levels of carelessness, which may result in criminal charges in certain cases, but do not necessarily involve the same level of intent as a deliberate criminal act.

Question 17

Which offenses are punishable by death or have a possible sentence of more than 1 year of incarceration?

Accepted Answer

Felonies are serious crimes that can be punished by death or a sentence of more than 1 year of incarceration. Status offenses are offenses that only apply to minors, misdemeanors typically carry a maximum sentence of 1 year of incarceration, and civil crimes generally result in financial penalties or restitution.

Question 18

College student Lily and her roommate took someone else's coffee and doughnuts from the student union coffee shop. They were chased by a customer from the coffee shop, who was hit by a car as Lily and her roommate raced across the street. With what offense are Lily and her roommate most likely to be charged?

Accepted Answer

Lily and her roommate did not intend to cause harm or death to anyone. However, their actions in taking someone else's property (the coffee and doughnuts) and fleeing led to the death of another person. This would be considered involuntary manslaughter, which is the unintentional killing of another person as a result of recklessness or criminal negligence. Neither first-degree nor second-degree murder are appropriate charges, as those involve the intentional death of another person. Voluntary manslaughter would involve the intentional killing of someone, but with mitigating circumstances such as a sudden heat of passion or under extreme emotional duress, which does not apply to this scenario.

Question 19

Aaron returns home after school to find his apartment has been ransacked. His tablet computer and television are missing. Aaron is the victim of what crime?

Accepted Answer

Aaron is the victim of burglary, which is the crime of illegally entering a building with the intent to commit a crime, usually theft. The fact that his apartment was ransacked and items were taken suggests that someone entered the apartment without permission with the intention of stealing. Robbery involves the use of force or fear to take someone's property, which is not the case here. Aggravated assault involves a physical attack, and arson involves intentionally setting fire to property.

Question 20

Which term describes when mens rea and actus reus are both present?

Accepted Answer

The term that describes when both mens rea (criminal intent) and actus reus (criminal act) are present is concurrence. Causation refers to the link between the defendant's actions and the harm caused, action is simply a synonym for actus reus, and fault is a term that can refer to either mens rea or actus reus.

Quiz 2: Foundations of Law and Crime: Nature, Elements, and Defenses