Question 1

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

First-degree murder is premeditated and intentional, meaning that the perpetrator planned to kill the victim beforehand. In this scenario, the robber's act of killing the store clerk indicates that they had intent to do so, even though the amount of money stolen was minimal.

Question 2

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

This is an example of robbery because there was a threat of violence and use of force during the theft. Burglary, extortion, and embezzlement involve different circumstances and elements.

Question 3

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 M'Naughten Rule, also known as the "right-wrong" test, is used to determine whether a criminal defendant is legally insane. This test is based on whether the defendant knew the nature of their actions and whether they knew that their actions were wrong at the time they committed the crime. If the defendant did not know either of these things because of a mental disease or defect, they may be found not guilty by reason of insanity.

Question 4

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

The mother acted with negligence, as she 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.

Question 5

Which of the following would be considered a criminal act?

Accepted Answer

Making and selling illegal drugs is a criminal act. The other options involve accidents or thoughts, which may be morally wrong but are not necessarily criminal acts.

Question 6

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

William's best legal challenge to his arrest is that the ordinance is void for vagueness. The ordinance does not define what constitutes "no apparent purpose" and could be subjectively applied by the police, leading to arbitrary enforcement. Void for vagueness means that a law is so poorly defined that people of common intelligence have no way to know what conduct is legal and what is not.

Question 7

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

Accepted Answer

Mistake can be a defense to criminal liability if it negates the mens rea element of the crime. Self-defense, battered spouse syndrome, and defense of others are only defenses to criminal liability if the defendant is found to have used reasonable force under the circumstances.

Question 8

________ is the making of a false statement under oath.

Accepted Answer

Perjury is the act of making a false statement under oath or affirmation, either orally or in writing, in a judicial proceeding or other formal setting. It is considered a serious offense and can result in fines and imprisonment. The other options listed are also illegal actions, but they do not specifically refer to making false statements under oath.

Question 9

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

Accepted Answer

In the American legal system, it is possible for an act to be prosecuted under different jurisdictions (e.g., state and federal courts) if the act violates both state and federal laws. This does not violate the Double Jeopardy Clause of the Fifth Amendment, which prevents an individual from being tried twice for the same offense in the same jurisdiction.

Question 10

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

Accepted Answer

Burning a cross to cause fear is a form of hate speech, as it is typically done to intimidate or threaten individuals based on their race, religion, or other characteristics. Therefore, a statute that makes it a criminal offense would fall under hate speech laws.

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

Agnes is taking money from the register for her own personal gain, which is embezzlement. Extortion involves threatening someone for money, burglary involves breaking into someone's property to steal, and robbery involves taking something from someone by force or fear.

Question 12

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

Alvin has committed forgery by creating duplicate subway fare cards without proper authorization.

Question 13

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

First-degree murder involves killing someone with premeditation and deliberation, killing in a cruel way such as with torture, or killing while committing a major crime. Second-degree murder involves intentionally killing someone but without premeditation. Voluntary manslaughter involves killing someone in the heat of passion or provocation. Involuntary manslaughter involves unintentionally killing someone while committing an unlawful act or behaving recklessly.

Question 14

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

Myra has committed embezzlement by transferring company funds to her personal account without the company's permission or knowledge. Although she plans to repay the money, her actions are still considered theft, as she has appropriated company funds for personal use.

Question 15

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

Mark has violated the Computer Fraud and Abuse Act which prohibits accessing a protected computer system without authorization or exceeding authorized access, even if no damage is done.

Question 16

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

Accepted Answer

Joe's actions were reckless and showed a disregard for human life, but they were not intentional. Involuntary manslaughter is defined as causing the death of another person through criminally negligent or reckless behavior.

Question 17

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

Accepted Answer

The act of challenging each other to a drag race on a public highway is reckless, as it endangers not only the drivers but also other drivers and pedestrians on the road.

Question 18

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

Accepted Answer

Battery is the term used to describe a crime in which the offender causes actual physical harm to the victim.

Question 19

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

The act of Tom attempting to contact children online with the intention of taking illegal advantage of them is known as cyber-stalking. Cyber-extortion involves threatening to release sensitive information in exchange for money or other goods, cyber-spoofing involves creating fraudulent emails or websites to deceive individuals, and cyber-fraud involves any type of deliberate deception or misrepresentation through the use of the internet.

Question 20

________ 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 involves altering or falsifying an object or a document with the intent to defraud, which is similar to forgery. Embezzlement involves theft of funds from an employer or organization, passing bad checks involves knowingly passing a check with insufficient funds, and defrauding creditors involves providing false information to avoid paying debts.

Quiz 5: Criminal Law and Cybercrimes