Deck 5: Crimes Against the Person: Other Violent Crimes

Question 1

Assault:

A) can be either the fear of imminent harm or actual physical harm.
B) always requires physical harm.
C) always requires fear of imminent harm.
D) none of the above
E) both A and B

Answer 1

can be either the fear of imminent harm or actual physical harm.

Question 2

Which is NOT an element of the crime of robbery?

A) The taking and carrying away of property of another
B) The reselling of the property by the robber
C) The intent to steal the property
D) Property taken from the person or in the presence of the person
E) The use of force or threat of imminent force

Answer 2

The reselling of the property by the robber

Question 3

Which of the following is NOT true about armed robbery?

A) The federal mandatory minimum sentence for armed robbery is five years.
B) The federal mandatory minimum sentence for armed robbery when the gun is brandished is seven years.
C) The federal mandatory minimum sentence for armed robbery when a gun is discharged is ten years.
D) If an armed robber wounds someone in the course of a robbery, he must be sentenced to life in prison.
E) Carrying a weapon during an armed robbery is proof of intent.

Answer 3

If an armed robber wounds someone in the course of a robbery, he must be sentenced to life in prison.

Question 4

Which of the following is NOT an example of assault?

A) The perpetrator attempts to cause or knowingly, recklessly, or intentionally causes bodily injury to another.
B) The perpetrator negligently causes bodily injury to another with a deadly weapon.
C) The perpetrator attempts by physical menace to place the victim in fear of imminent serious bodily injury.
D) The perpetrator brandishes an unloaded gun, but the victim believes it is loaded.
E) A person hits you in the mouth before you ever see it coming.

Question 5

Which of the following cannot be the motivation for a hate crime?

A) The victim's race
B) The victim's gender
C) The clothes the victim is wearing
D) The victim's age
E) The victim's political affiliation

Question 6

To get a conviction on a hate crime, the prosecutor must:

A) prove the defendant committed the underlying crime and was motivated by bias by a preponderance of the evidence.
B) prove the defendant committed the crime beyond a reasonable doubt and that the defendant was motivated by bias by a preponderance of the evidence.
C) prove that the defendant committed the crime beyond a reasonable doubt to the jury and prove bias motivation by a preponderance of evidence to the satisfaction of the judge.
D) prove that the defendant committed the crime beyond a reasonable doubt to the jury and prove bias motivation beyond a reasonable doubt to the judge.
E) prove that the defendant committed crime and was motivated by bias beyond a reasonable doubt to the jury.

Question 7

Which of the following is NOT an example of a cyber crime?

A) Sending an e-mail offering to sell male enhancement drugs with the sole purpose of obtaining credit card numbers.
B) Sending an e-mail advocating killing members of a certain race.
C) Sending an e-mail advocating worldwide jihad.
D) Sending an e-mail containing a picture of the president with a 'Hitler-style' mustache exhorting voters to vote against him in the next election.
E) Sending an e-mail offering quick money for people willing to kill to earn it.

Question 8

Which of the following is true concerning kidnapping and abduction?

A) They are two names for the same crime.
B) Kidnapping involves a request for ransom and abduction does not.
C) Abduction refers only to removal of children by non-custodial parents.
D) Kidnapping is the crime of taking and detaining a person against his will by force, intimidation, or fraud.
E) Alien abductions are prosecuted in intergalactic courts.

Question 9

Which of the following are examples of trafficking in persons?

A) Sex trafficking
B) Labor trafficking
C) Drug trafficking
D) A and B only.
E) all of the above

Question 10

Which of the following is true concerning video surveillance?

A) It is legal because individuals have no reasonable expectation of privacy in public places.
B) Police may only turn on video camera if they have a reasonable expectation that a crime will occur.
C) Police must get a warrant in all cases to obtain privately-owned surveillance tape from ATMs or private security systems.
D) Video surveillance evidence may only be presented in court if every person in the video gives consent.
E) Video surveillance does nothing to deter crime.

Question 11

Which of the following are true statements?

A) Any time something is stolen in the presence of the owner, it is a robbery.
B) To prove robbery charges, the prosecutor must show the defendant took the property by force or the threat of force.
C) To prove theft charges, the prosecutor must show the defendant took the property by force or the threat of force.
D) To prove robbery charges, the prosecutor must show the defendant took the property while in the presence of its owner.
E) B and D only.

Question 12

Which of the following are true about the Common Law concepts of assault and battery?

A) The assailant must touch the victim for assault to occur.
B) The attacker must harm the victim for assault to occur.
C) The attacker must take an action that threatens to harm the victim for assault to occur.
D) Battery only occurs if the victim is physically harmed.
E) C and D only.

Question 13

You are investigating a crime. You discover that Joe Smith poured gasoline on the corner of his neighbor's barn while the neighbor was inside, and lit it. The neighbor's son saw the flames and doused them before they engulfed the barn. No one was injured. Your investigation also reveals that Joe Smith and his neighbor had recently argued. With what crime can you charge Joe Smith?

A) No crime because there was no harm.
B) Property arson because no people were harmed only property.
C) Attempted property arson
D) Attempted violent arson because he intended to hurt his neighbor.
E) Violent arson because he intended to hurt his neighbor and setting the fire is the act of arson.

Question 14

Jeremy Jones is learning disabled. Ruth Less attacks him one day with a baseball bat calling him a "retard". If a jury decides Ms. Less' actions were motivated by her prejudice against mentally challenged people, what would be the most likely result?

A) She would be convicted of assault and receive the appropriate sentence for assault.
B) She would be put on probation and given sensitivity training so she would be nicer to mentally challenged people in the future.
C) She would be convicted of a hate crime and have her sentence enhanced beyond what it would be simply for an assault.
D) She would be given the death penalty for committing a hate crime.
E) None of the Above.

Question 15

Which of the following governmental agencies does NOT have a legitimate right to investigate domestic cyber crime?

A) Federal Bureau of Investigation (FBI)
B) Department of Homeland Security (DHS)
C) National Security Agency (NSA)
D) Bureau of Alcohol, Tobacco, and Firearms (ATF)
E) Department of Agriculture.

Question 16

Which of the following are examples of robbery?

A) A person breaks into a house when the owner is not home and steals jewelry.
B) A mugger grabs a person by the jacket collar and demands money.
C) A pickpocket takes a wallet without the victim discovering it until an hour later.
D) A cyber thief hacks into a bank account and extracts money.
E) None of the above.

Question 17

An assailant attacks the victim with a knife and stabs her in the arm, then runs away. The assailant most likely will be charged with:

A) simple assault.
B) aggravated assault.
C) assault with intent to kill.
D) assault and battery.
E) none of the above

Question 18

Which of the following statements are true concerning minimum mandatory sentences for armed robbery?

A) A defendant convicted of carrying a weapon during a robbery will receive a minimum of five years in prison.
B) A defendant convicted of brandishing a weapon during a robbery will receive a minimum sentence of seven years in prison.
C) A defendant convicted of discharging a weapon during a robbery will receive a minimum of ten years in prison.
D) A defendant can be convicted of discharging a weapon during a robbery, even if the discharge was accidental.
E) all of the above

Question 19

An arsonist set fire to a building. He claims to have believed the building was empty, but several homeless people were staying there. One was killed in the fire. What must the prosecutor prove to convict the arsonist of violent arson?

A) The prosecutor must only prove the arsonist set the fire.
B) The prosecutor must prove the arsonist set the fire and intended to kill a person by doing so.
C) The prosecutor must prove the man set the fire with reckless disregard for any people inside.
D) The prosecutor must only prove the arsonist deliberately set the fire.
E) none of the above

Question 20

An adult sends an e-mail to a child soliciting sex. If the adult is arrested, what must the prosecutor prove to convict the adult of cyber-solicitation?

A) Only that the adult sent the e-mail message.
B) That the adult sent the e-mail message and knew the intended recipient was under the age of consent.
C) That the adult sent the e-mail message knowing the intended recipient was under the age of consent and that the recipient read the e-mail message.
D) That the adult sent the e-mail message knowing the intended recipient was under the age of consent, the recipient read the e-mail message, and responded to the e-mail.
E) none of the above

Question 21

The two types of robbery are simple robbery and armed robbery.

Question 22

Pickpocketing is an example of robbery.

Question 23

Discharging a weapon during a robbery increases the convict's prison sentence.

Question 24

An attack on a person following an argument, with no weapon used, is aggravated assault.

Question 25

Stalking can be a type of assault.

Question 26

Wiring a house with dynamite with the intent to kill or harm people is an example of violent arson.

Question 27

Hate crimes are a new category of crimes which usually punish an act motivated by hatred or bigotry against a group, by making the sentence longer than if the motivation for the crime was something other than hate or bigotry.

Question 28

An essential element of solicitation is that the person solicited actually commits the crime.

Question 29

An essential element of kidnapping is that the kidnapper demand a ransom.

Question 30

The two major types of trafficking in persons are sex trafficking and drug trafficking.

Question 31

To get a theft conviction, prosecutors must prove the defendant threatened the victim.

Question 32

The Common Law definition of assault does not include infliction of physical harm.

Question 33

Internet Service Providers must hold e-mail for 90 days once a law enforcement agency informs them the e-mail may be part of an investigation.

Question 34

According to the Supreme Court in the Apprendi decision, judges may enhance sentences if they find the crime committed was a hate crime.

Question 35

Defendants can have video surveillance evidence dismissed as an invasion of privacy.

Question 36

The FBI is the only federal agency that fights cyber crime.

Question 37

A mugging is an example of a robbery.

Question 38

A person stealing an unattended purse is robbery.

Question 39

At Common Law, battery is the crime of inflicting physical harm on an individual.

Question 40

A person leaving a gun unlocked and unattended could be guilty of assault

Question 41

A theft made by force or threat of force is a ______________.

Question 42

A theft made by force or threat of force where no weapon is used is a ______________ robbery.

Question 43

A theft made by force or threat of force by a person carrying a weapon is an ______________ robbery.

Question 44

An act of force or threat of force intended to inflict harm upon a person is an example of an ______________.

Question 45

An attack where the perpetrator intends to inflict severe bodily injury on the victim is ______________.

Question 46

Setting a fire with intent to endanger a person or persons is ______________.

Question 47

An attack motivated by hatred of a person's race is a ______________.

Question 48

A criminal act performed with the aid of a computer is a ______________.

Question 49

The crime where a person requests or encourages another to perform a criminal act is ______________.

Question 50

The crime of taking and detaining a person against his will by force, intimidation, or fraud is ______________.

Question 51

MATCHING.

-Armed robbery

A) A theft made by force or threat of force where no weapon was used.
B) A theft committed by force or threat of force by a person or persons carrying a weapon.
C) A theft made by force of threat of force..

Question 52

MATCHING.

-Simple Robbery

A) A theft made by force or threat of force where no weapon was used.
B) A theft committed by force or threat of force by a person or persons carrying a weapon.
C) A theft made by force of threat of force..

Question 53

MATCHING.

-Robbery

A) A theft made by force or threat of force where no weapon was used.
B) A theft committed by force or threat of force by a person or persons carrying a weapon.
C) A theft made by force of threat of force..

Question 54

MATCHING.

-Assault

A) An act of force or threat of force intended to inflict harm upon a person.
B) The illegal carrying away of a person by force or coercion, generally with the intent to do harm to the victim.
C) Using the threat of force to intimidate or threaten a person in the exercise of that person's rights because of that person's race, color, religions, ancestry, national origin, disability, gender, or sexual orientation.
D) The willful or malicious burning or attempt to burn a building.
E) A physical attack where the victim suffers no obvious injuries and the attacker does not have a weapon.
F) Offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, handicap, ethnicity, or national origin.
G) An attack made with the intent of inflicting severe bodily injury.

Question 55

MATCHING.

-Simple Assault

A) An act of force or threat of force intended to inflict harm upon a person.
B) The illegal carrying away of a person by force or coercion, generally with the intent to do harm to the victim.
C) Using the threat of force to intimidate or threaten a person in the exercise of that person's rights because of that person's race, color, religions, ancestry, national origin, disability, gender, or sexual orientation.
D) The willful or malicious burning or attempt to burn a building.
E) A physical attack where the victim suffers no obvious injuries and the attacker does not have a weapon.
F) Offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, handicap, ethnicity, or national origin.
G) An attack made with the intent of inflicting severe bodily injury.

Question 56

MATCHING.

-Aggravated Assault

A) An act of force or threat of force intended to inflict harm upon a person.
B) The illegal carrying away of a person by force or coercion, generally with the intent to do harm to the victim.
C) Using the threat of force to intimidate or threaten a person in the exercise of that person's rights because of that person's race, color, religions, ancestry, national origin, disability, gender, or sexual orientation.
D) The willful or malicious burning or attempt to burn a building.
E) A physical attack where the victim suffers no obvious injuries and the attacker does not have a weapon.
F) Offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, handicap, ethnicity, or national origin.
G) An attack made with the intent of inflicting severe bodily injury.

Question 57

MATCHING.

-Arson

A) An act of force or threat of force intended to inflict harm upon a person.
B) The illegal carrying away of a person by force or coercion, generally with the intent to do harm to the victim.
C) Using the threat of force to intimidate or threaten a person in the exercise of that person's rights because of that person's race, color, religions, ancestry, national origin, disability, gender, or sexual orientation.
D) The willful or malicious burning or attempt to burn a building.
E) A physical attack where the victim suffers no obvious injuries and the attacker does not have a weapon.
F) Offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, handicap, ethnicity, or national origin.
G) An attack made with the intent of inflicting severe bodily injury.

Question 58

MATCHING.

-Hate Crimes

A) An act of force or threat of force intended to inflict harm upon a person.
B) The illegal carrying away of a person by force or coercion, generally with the intent to do harm to the victim.
C) Using the threat of force to intimidate or threaten a person in the exercise of that person's rights because of that person's race, color, religions, ancestry, national origin, disability, gender, or sexual orientation.
D) The willful or malicious burning or attempt to burn a building.
E) A physical attack where the victim suffers no obvious injuries and the attacker does not have a weapon.
F) Offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, handicap, ethnicity, or national origin.
G) An attack made with the intent of inflicting severe bodily injury.

Question 59

MATCHING.

-Hate Speech

A) An act of force or threat of force intended to inflict harm upon a person.
B) The illegal carrying away of a person by force or coercion, generally with the intent to do harm to the victim.
C) Using the threat of force to intimidate or threaten a person in the exercise of that person's rights because of that person's race, color, religions, ancestry, national origin, disability, gender, or sexual orientation.
D) The willful or malicious burning or attempt to burn a building.
E) A physical attack where the victim suffers no obvious injuries and the attacker does not have a weapon.
F) Offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, handicap, ethnicity, or national origin.
G) An attack made with the intent of inflicting severe bodily injury.

Question 60

MATCHING.

-Abduction

A) An act of force or threat of force intended to inflict harm upon a person.
B) The illegal carrying away of a person by force or coercion, generally with the intent to do harm to the victim.
C) Using the threat of force to intimidate or threaten a person in the exercise of that person's rights because of that person's race, color, religions, ancestry, national origin, disability, gender, or sexual orientation.
D) The willful or malicious burning or attempt to burn a building.
E) A physical attack where the victim suffers no obvious injuries and the attacker does not have a weapon.
F) Offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, handicap, ethnicity, or national origin.
G) An attack made with the intent of inflicting severe bodily injury.

Question 61

Describe the difference between simple robbery and armed robbery, listing what elements the prosecutor must prove to get a conviction for each. Additionally, what elements must a prosecutor prove to get a longer sentence?

Question 62

Does hate crime legislation violate the First Amendment? Why or why not? Write a short essay expressing your views on the subject.

Question 63

How does cyber-bullying play into cyber crime? Is it just free speech? Where does it cross the line into cyber crime? Write a short essay on these issues.

Question 64

Since September 11, 2001, video surveillance has become much more widespread. The increased surveillance benefits law enforcement, but does it infringe on personal liberties?