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Criminal Law Final
Criminal Law Final
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Recieving stolen property is a crime that applies only to those who sell stolen property for profit.
All states have repealed offenses involving reciept of stolen property
Because burglary is so broadly defined, many states divide it into several degrees
Although it's a crime to buy and sell sex it is not a crime to solicit prostitution
One purpose of requiring some overt acts in a conspiracy statue is to help ensure that there really is a conspiracy
The common law crime of larceny protects victims who voluntarily hand over their property to a caretaker who later decides to convert the property to his or her own use
The central elements in involuntary manslaughter are its actus reus and its mens rea.
The mens rea of homicide is killing another person or human being
Most states have passed rape shield statutes
Degrees of murder developed through history
In some jurisdictions, the entering element of burglary has been supplemented by a surreptitious remaining element.
For the solicitor to be guilty of solicitation, the person solicited must commit the solicited crime
Incohate offenses require enough action to complete the crime intended.
A person can be guilty of conspiracy even though they do not know all of the others in the conspiracy
Modern statues and the Model Penal Code make most simple assaults a felony
Liability for criminal attempt offenses is based on two rationals
The crime of rape was once punishable by death
To be a valid defense, the abandonment of an attempt must be involuntary
"Express" malice aforethought was reserved for killings that fit the original meaning of murder-intentional killings planned in advance.
Despite the broad scope of burglary statues the offense never invites injustices.
The list of quality of life offenses includes public drinking and drunkenness
Burglary is a specific-intent crime
Assault and battery are the same crime
Broken windows theory is concerned with?
A direct link between disorder and crime
An important public policy justification for the crime of conspiracy is
the special danger of group criminality
Which of the following refers to an offense that is inherently evil?
mala in se
Which of the following is not one of the forms of euthenasia
With regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test?
objective test of cooling-off time
Throughout most of its history, homicide law has followed what rule?
Tricking the victim into believing the act she consented to wasnt sexual intercourse is known as
fraud in the fact
A conspiracy where one or more defendants participate in every transaction is known as
a wheel conspiracy
Unlawful act manslaughter is sometimes also referred to as
The debate between Mill and Stephen concerns the relationship between
morality and law
An assault is basically either a threatened or attempted
Most of the law criminal homicide is about
Grading the seriousness of the offense
At common law, kidnapping consisted of how many elements?
What crime is second only to murder in being regarded as the most serious crime?
What kind of conduct poses the following dilemma: whether to punish someone who's done no harm or to set free someone who's determined to commit a crime
incomplete criminal conduct
Which test examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe she was determined to commit the intended crime?
The unequivocality test
What is a criminal objective?
the criminal goal to commit a crime
Voluntary manslaughter involves intentionally killing another in the sudden heat of passion which
was caused by a legally recognized adequate provocation
Which of the following is generally not deemed to be a legally adequate provocation for voluntary manslaughter
There are _____ types of crimes against persons
The crime of stalking
was first enacted in california in 1990
What is the name of the crime of agreeing with one or more people to commit a crime?
In most states, prostitution and promoting prositution are
Facts and circumstances that indicate an unspoken understanding between conspirators to commit a crime
are often sufficient to prove a conspiracy existed
Why was the crime of murder divided into first and second degree
to separate murders that deserve the death penalty from those that do not
What state was the first to seperate murder into two degrees?
At common law, the offenses of unlawful assembly and rout involved___ or more persons
Because begging is protected speech, attempts to regulate it must meet the requirements of which Amendment to the constitution?
Under the MPC, a person who knowingly aims a firearm at or in the direction of another person has committed
an aggravated assault
In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered
a mitigating factor
The guilty mind in conspiracy isnt clearly defined in modern legislation, and court have taken imprecise, widely divergent, and inconsisten approaches to the
mens rea problem
In most jurisdictions, rape today includes _____ elements
In what case did the U.S. supreme court tighten the constitutional restrictions on loitering statues
Kolender v. Lawson
Panhandling statues do not apply to
organized charities that solicit donations on the street
Courts began to strike down vagrancy and loitering laws because they violated what doctrine
Today, disorderly conduct crimes are most often referred to as
quality of life crimes
What is the name of a temporary court order to do or to stop doing something?
a preliminary injunction
Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade?
the ealry 1970s
To be a defense attempt, the abandonment of the attempt must be
A battery is an unjustified
unwanted and unjustifiable offensive touching
About half of the states in the U.S. have abolished which of the following
unlawful act manslaughter
Conspiracy actus reus consists of two parts: an agreement to commit a crime(in all states) and
An overt act in furtherance agreement (in about half the states)
Unintentional deaths that occur during the commission of some felonies are called
In medieval times, who had the power to try and punish crimes against morals
What has occured when actors intend to commit crimes and do everything they can to carry out their criminal intent, but the criminal law doesnt ban what they did?
A legal impossibility
Stabbing and already dead victim is an example of
A factual impossibility
Which rational looks at how close defendants came to completing their crimes?
The dangerous act rationale
Legal impossibility is
A defense to attempt liability
Which of the following is true about provocation
is not an excuse for criminal homicide
Murder that is extremely reckless but unintentional is known as
Kidnapping and false imprisonment both violate what right?
The right of locomotion
The core of conspiracy is
several people agreeing to commit a crime
What kind of crime is false imprisonment
Which test asks whether defendants have reached a point where they have gotten control of everything they need to commit a crime
The indispensable element test
Which of the following is not a factor used by courts when testing for the validity of a time, place, and manner regulation
the group/ person making the speech
The crime of vagrancy refers to
poor people roaming around with no visible means of support
What are disorderly conduct crimes aimed at?
The broken windows theory was orginated by
Wilson and kelling
Which of the following is not a kind of involuntary manslaughter
The true test of premeditation is
the extent of reflection
Laws targeting poor people's behavior, and the attitudes behind them, began to change during
the great depression
One of the most critical problem in sex offenses is to distiguish between flirting and seduction from?
Criminal attempts, criminal cinspiracies, and criminal solicitation are all what kind of crimes?
Statutory rape is what kind of crime in most states
The rational for attempt crimes focuses on what two types of danger
dangerous conduct and dangerous people
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