Question 1

Which of the following elements elevates the crime of larceny to robbery?

Accepted Answer

The use of force or threat of force is what elevates the crime of larceny to robbery. Larceny is the wrongful taking of the property of another with the intent to deprive the owner of the use of that property, while robbery includes the same elements with the addition of force or threat of force. Choices A, C, and D describe elements of larceny but do not involve the use of force, which is the distinguishing factor in robbery.

Question 2

An example of a mala prohibitum crime is:

Accepted Answer

Illegal parking is an example of a mala prohibitum crime because it is an offense that is considered wrong only because it is prohibited by law, not because it is inherently immoral or harmful.

Question 3

As a general rule, searches can be made of employee lockers and desks located on the premises of the company:

Accepted Answer

By obtaining consent from the employees, the company can legally conduct searches of employee lockers and desks on their premises. Consent is important as it ensures that the searches are conducted lawfully without any violation of privacy or property rights. In the absence of consent or a justifiable reason, company officials or the local police cannot conduct such searches as this would be considered a breach of privacy and could lead to legal action against the company.

Question 4

The Supreme Court decision that holds that no suspect, in a custodial environment, may be asked any questions until he or she has first been warned that he or she need not make any statement and advised of certain other rights is the:

Accepted Answer

The Miranda decision established the requirement that police officers must inform suspects in custody of their Fifth Amendment right against self-incrimination and their Sixth Amendment right to an attorney before questioning them. This decision is named after Ernesto Miranda, the defendant in the case.

Question 5

The practice of not considering evidence illegally obtained is called:

Accepted Answer

The exclusionary rule is the practice of not considering evidence that has been illegally obtained. This rule prevents law enforcement from using evidence that was obtained through a violation of the defendant's Fourth Amendment rights, such as an illegal search or seizure. The purpose of the exclusionary rule is to deter police misconduct and protect citizens' constitutional rights. Other options are incorrect as they refer to different legal concepts.

Question 6

A willful or negligent wrong done to one person by another is:

Accepted Answer

A willful or negligent wrong done to one person by another is a tort. A crime refers to a violation of the law while a misdemeanor and a felony are specific classifications of crimes based on their severity. Malfeasance refers to the intentional wrongdoing or misconduct by a public official.

Question 7

When a law enforcement agent induces the commission of an offense not otherwise contemplated, the accused may use an affirmative defense known as:

Accepted Answer

This question is asking about a situation where a law enforcement agent induces someone to commit a crime that they would not have committed otherwise. In this case, the accused may have a defense known as entrapment. This defense argues that the defendant was induced by the law enforcement agent to commit the crime and would not have done so otherwise. Therefore, the correct answer is E, Entrapment.

Question 8

The crime that consists of an unlawful entry into or remaining within a building with the intent to commit some crime therein is:

Accepted Answer

This is the definition of burglary, which specifically involves entering a building unlawfully with the intent to commit a crime. Robbery involves the use of force or threat of force to take something from a person, while trespass is simply entering someone's property without permission. Embezzlement involves stealing money or property that has been entrusted to you, and shoplifting involves taking merchandise from a store without paying for it.

Question 9

The process of a lower court abiding by a decision of a higher court is known as:

Accepted Answer

Stare decisis is a legal principle that requires lower courts to follow previous decisions made by higher courts when the facts and legal issues are the same. This promotes consistency and stability in the legal system. The other choices (A, B, C, E) are legal terms related to different aspects of criminal law.

Question 10

The following action can be considered a tort:

Accepted Answer

A) Battery: This is the intentional touching of another person without their consent. It can result in a lawsuit for damages and is considered a tort. 
B) False imprisonment: This is the intentional confinement of another person without their consent. It can result in a lawsuit for damages and is considered a tort. 
C) Fraud: This is the intentional deceit or misrepresentation of material facts, which causes harm to another person. It can result in a lawsuit for damages and is considered a tort. 
Therefore, all of the above options are considered torts.

Question 11

The federal kidnapping statute provides that:

Accepted Answer

The federal kidnapping statute presumes interstate movement if the victim is not returned within 24 hours, allowing the FBI to investigate without initial evidence of crossing state lines.

Question 12

In order to make the proof of intent easier in proving shoplifting, many stores have a policy that:

Accepted Answer

Stores often require apprehension after the suspect leaves the premises to clearly demonstrate intent to steal, as leaving without paying is a stronger indication of theft.

Question 13

Legislative enactments establishing arbitrary time periods in which the state must initiate criminal proceedings or not act at all are known as:

Accepted Answer

Statutes of limitation establish the time period in which the state must initiate criminal proceedings or be barred from doing so. Legal defenses are arguments raised by the accused to escape liability, bills of attainder are legislative acts that single out a person or group for punishment without trial, and statutes of fraud govern contracts and require certain types of contracts to be in writing to be enforceable.

Question 14

An offense that was not a common-law crime but created by statute is termed a(n):

Accepted Answer

A crime that is created by statute and not considered inherently evil is known as a mala prohibitum crime. Examples of such crimes include traffic violations or white-collar offenses like tax evasion.

Question 15

A homicide committed while attempting to effect an arrest or to prevent an escape can only be justified in:

Accepted Answer

A homicide committed while attempting to effect an arrest or to prevent an escape can only be justified in cases of atrocious felonies as an absolute last resort, where the use of deadly force is necessary to prevent imminent harm.

Question 16

The term used to refer to the body of the crime and all the elements necessary to prove that a crime has been committed is:

Accepted Answer

The answer of The term used to refer to the...

Question 17

Many offenses that do not require proof of intent are called:

Accepted Answer

Strict liability crimes do not require proof of intent, meaning that a person can be convicted of the offense even if they did not intend to commit it. Common examples of strict liability offenses include traffic violations and selling alcohol to minors. Mala in se crimes are offenses that are inherently wrong, such as murder or theft, while common-law crimes are offenses that were established by judicial decisions rather than by statute. "True crimes" is not a legal term and therefore is not a valid answer.

Question 18

The area of civil law dealing with the creation and activities of independent agencies and of some executive departments of government, both federal and state, is called:

Accepted Answer

Administrative law deals with the creation, powers, and procedures of administrative agencies at both the federal and state levels. It governs the interactions between these agencies and the citizens and businesses they regulate. Tort law deals with civil wrongs and damages caused by them, Agency law deals with the creation and relationships of principal-agent relationships, and Constitutional law deals with the interpretation and application of the US Constitution.

Question 19

The agency created by the Civil Rights Act of 1964 and specifically charged with investigating charges of employment discrimination that violate Title VII of the Civil Rights Act is the:

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) is the agency created by the Civil Rights Act of 1964 and specifically charged with investigating charges of employment discrimination that violate Title VII of the Civil Rights Act. The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Question 20

Sometimes an intent to do one act will establish the intent element for another offense, even though the act that was intended did not occur. This is:

Accepted Answer

Transferred intent occurs when a person intends to harm one individual but unintentionally harms a different individual. The intent element transfers from the intended victim to the actual victim, establishing the intent for the offense committed against the actual victim.

Exam 1: ASIS Certified Protection Professional