Question 1

A city ordinance allowed the police to arrest young men who were loitering in any public place with no apparent purpose and failed to disperse when requested to do so by the police. William was arrested under the ordinance. What is William's best legal challenge to his arrest?

Accepted Answer

Courts have frequently held statutes that outlaw a status, such as drug addiction or vagrancy, to be void for vagueness. The language of a criminal statute is overbroad if the courts cannot determine what specific activity the legislature intended to outlaw.

Question 2

____________ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud.

Accepted Answer

Criminal simulation is analogous to forgery because it also involves the alteration or falsification of a document with intent to defraud. However, criminal simulation involves altering or falsifying art objects, antiques, photographs, films, tapes, recordings, and/or antiquities with the intent to defraud.

Question 3

Mark enjoys hacking into the computer databases of companies, but never takes or damages any data. Mark has violated which of the following statutes?

Accepted Answer

The Computer Fraud and Abuse Act outlaws the following activities: obtaining national security information, compromising the confidentiality of a computer, trespassing in a government computer, accessing a computer to defraud, damaging a computer, damaging computer information, trafficking in passwords, and threatening to damage a computer.

Question 4

A statute that made burning a cross to rouse fear a criminal offence would be an example of what type of crime?

Accepted Answer

Many legislative bodies have attempted to criminalize the use of certain symbols, writings, and speech intended to provoke outrage or fear on the basis of race, religion, color, or gender. These statutes and ordinances are frequently referred to as laws against hate speech.

Question 5

Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is known as:

Accepted Answer

Cyber-stalking, e-stalking, or electronic stalking involves targeting individuals for exploitation using computer connections.

Question 6

____________ is only a defense to charges of criminal liability if it destroys one of the elements necessary to that crime.

Accepted Answer

Mistake is a defense to charges of criminal liability, as long as the mistake destroys one of the elements necessary to that crime.

Question 7

A robber kills a convenience store clerk and escapes with just $5. Which of the following types of homicide best fits the facts?

Accepted Answer

In general, most states define first-degree murder to include one of the following circumstances: killing someone with premeditation (thinking about it and planning the homicide in advance with "prior calculation and design") and/or killing someone while committing a major crime, such as rape, robbery, or kidnapping.

Question 8

Two drivers challenge each other to a drag race on a public highway. This is an example of acting with:

Accepted Answer

Recklessness involves a perverse disregard of a known risk of negative consequences. The drivers have disregarded the possible serious consequences of their decision to engage in an illegal drag race.

Question 9

____________ is the making of a false statement under oath.

Accepted Answer

Generally, perjury is defined as making a false statement under oath. In most cases, the fact that the perjured testimony is inadmissible as evidence makes no difference; the false statement is still perjury. However, a person cannot be convicted of perjury by a single witness.

Question 10

A shoplifter steals a can of soda and tries to escape. He threatens and fights the clerk when confronted. This is an example of:

Accepted Answer

Robbery can involve attempting to commit or actually committing a theft by inflicting, or attempting to inflict, physical harm on another person.

Question 11

Agnes, a convenience store cashier, takes $5 out of the register for every $100 she rings up and keeps it. Agnes could be arrested for:

Accepted Answer

Embezzlement is defined as wrongfully taking property or funds that have been entrusted to the care of the offender. A fundamental element of embezzlement is that the embezzler had control over the property or the funds that were wrongfully taken. Thus, embezzlement often occurs in a business setting and frequently involves the employees of the victim.

Question 12

Which of the following types of criminal homicide involves killing someone with premeditation, killing in a cruel way such as with torture, or killing while committing a major crime?

Accepted Answer

Individuals act with purpose when they intend to cause the result that, in fact, occurs. However, intent should not be confused with premeditation, which is often an added condition in the case of aggravated or first-degree murder. Some states specifically define premeditation as an action that results from the criminal defendant's "prior calculation and design."

Question 13

Which of the following is true of criminal law under the American law system?

Accepted Answer

A single offense may trigger two prosecutions if the offense can be designated as two different crimes and can be tried in two different courts. This does not violate the double jeopardy described in the U.S. Constitution. Thus, it is possible, for example, for a police officer to be tried in a state court for assaulting a suspect and be tried in federal court for depriving that same suspect of his civil rights.

Question 14

Joe, driving while intoxicated, caused a traffic accident that killed a passenger in his car. Joe may be charged with:

Accepted Answer

A killing that results when a person is in a state of extreme fright, terror, anger, or blind rage that destroys the ability to reason is known as voluntary manslaughter. When the killing results from negligence, it is usually called involuntary manslaughter.

Question 15

Which of the following would be considered a criminal act?

Accepted Answer

The two elements necessary to create criminal liability are a criminal act and the required state of mind. Even a small act that appears by itself to be innocent can, in the proper context, become an illegal act.

Question 16

Alvin has discovered how to duplicate subway fare cards, and has made several hundreds of them with the intention of defrauding people. Which of the following crimes has Alvin committed?

Accepted Answer

It is forgery to possess or sell an altered or false writing with the intent to defraud. Some states have expressly added identity cards to their forgery statutes to emphasize the criminal nature of forged IDs. These states generally make it a crime to create, sell, use, or possess a false ID.

Question 17

The term ____________ has been used to describe a crime in which the offender causes actual physical harm to the victim.

Accepted Answer

Throughout most of English and American history, the term battery has been used to describe a crime in which the offender causes actual physical harm to the victim.

Question 18

Myra, the assistant accountant at Multibusiness, Inc. decides to transfer $5,000 from a Multibusiness account to her personal account in order to pay some personal medical expenses. Myra plans to repay the money as soon as she receives reimbursement from her health insurance. Myra has committed:

Accepted Answer

In many jurisdictions, embezzlement is defined as wrongfully taking property or funds that have been entrusted to the care of the offender. Unlike similar offenses such as theft, robbery, and burglary, a fundamental element of embezzlement is that the embezzler had control over the property or the funds that were wrongfully taken.

Question 19

A criminal defendant is found to be suffering from a mental disease that is so serious she does not know the nature of her actions or the fact that the acts she commits are wrong. This describes which of the following tests?

Accepted Answer

The oldest test of insanity is the M'Naughten Rule. Under this rule, a defendant can be found not guilty by reason of insanity (NGRI) if, at the time the criminal act was committed, he or she was suffering from a mental disease that was so serious that the defendant did not know the nature of the act or did not know that act was wrong.

Question 20

A child is killed by the violent behavior of his mother's boyfriend. The mother was aware of the possible danger her boyfriend posed to her son, yet failed to take steps to prevent or reduce the risk of harm to her son. She can be convicted of a crime due to which of the following requisite states of mind?

Accepted Answer

People act with negligence when they fail to see the possible negative consequences of their actions. A person who cleans a hunting rifle without checking to see if it is loaded is acting with negligence, because that person has not bothered to look for any possible negative consequences that could result from those actions.

Quiz 5: Criminal Law and Cybercrimes