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- CJA 305 Final Exam Guide.docx
CJA 305 Final Exam Guide NEW
1) That which is laid down, ordained, or established...a body of rules of action or conduct prescribed by controlling authority, and having a binding legal force?
2) The least serious crime is a(n):
3) ________ is the legal principal that requires that courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them regarding subsequent cases on similar issues and fact.
B) Stare decisis
D) Due process of law
4) The Model Penal Code outlines four ________: purposely, knowingly, reckless, and negligent.
A) elements of crime
B) canons of construction
C) states of mind
5) ________ is not an essential element of a crime.
B) The criminal act
D) A culpable mental state
6) The facts that show that a crime has occurred are referred to in Latin as the:
A) corpus delicti.
B) mens rea.
C) actus rea.
D) mala prohibita.
7) In addition to the three fundamental aspects of crime (actusrea, mensrea and concurrence), four additional principles are necessary to fully appreciate contemporary understandings of crime. They are causation, a resulting harm, the ________, and necessary attendant circumstances.
A) degree of the crime
B) legality principle
C) void-for-vagueness principle
D) but for rule
8) Bob turns 21 and goes out and buys his first six-pack of beer. The next week, the drinking age is raised to 22 and the sheriff arrests Bob for buying that six-pack. Bob is the victim of:
A) the void-for-vagueness principle.
B) proximate cause.
C) an ex post facto law.
D) the principle of legality.
9) Bob decides to kill Ray. He takes a loaded gun and goes to Ray's house. He sees Ray sitting on the porch and takes a shot at him. What Bob didn't know was that Ray died of a heart attack, there on his porch, a half-hour before Bob arrived. If Bob is charged with attempted homicide, he might claim the defense of:
C) strict liability.
10) Today we call one who knowingly gives assistance to a person who has committed a felony for the purpose of helping that individual avoid apprehension or detection a(n):
B) principal in the second degree.
C) principal in the first degree.
11) Bob is charged with a crime and defends himself by arguing that he only committed the crime to avoid some greater evil. Bob is defending himself with a(n):
12) A(n) ________ defense is one in which the defendant must take the offense and respond to the charges against him or her with his or her own assertions being based on legal arguments.
A) alter ego
13) The legal concept of the ________ envisions a person who acts with common sense and who has the mental capacity of an average, normal, sensible human being.
A) reasonable person
B) common man
C) average man
D) alter ego rule
14) In jurisdictions where the concepts of perfect and imperfect self-defense are employed, imperfect self-defense may:
A) lower criminal liability but not eliminate it.
B) eliminate the retreat rule.
C) justify deadly force.
D) eliminate criminal liability.
15) The police arrive as Bob is robbing a bank with a gun. Bob runs out the door of the bank, taking shots at the police as he runs. The police:
A) may rely on the fleeing felon rule.
B) may shoot Bob to stop him.
C) must retreat before using deadly force.
D) must follow the alter ego rule.
16) ________ admit that the action committed by the defendant was wrong and that it violated the criminal law, but claim that the defendant should not be held accountable under the criminal law by virtue of special conditions or circumstances that suggest the defendant is not responsible for his or her deeds.
A) Mistakes of law
17) Bob flies into New York City and goes to the baggage area to get his suitcase. He takes the wrong bag, a black one identical to his, thinking he has the correct bag. The real owner of the bag stops him and accuses Bob of theft. Bob's defense is:
A) ignorance of the law.
B) psycholegal error.
C) mistake of fact.
D) mistake of law.
18) Bob earns his living selling cocaine. He is eating dinner with a man who he thinks is a friend, but the man is really an undercover police officer. When Bob comments that he looking for a new source of cocaine, the officer volunteers to sell Bob some cocaine. When this encounter results in Bob being charged with a crime:
A) Bob will not be able to claim the defense of entrapment.
B) Bob will be able to claim the defense of duress.
C) Bob will be able to claim the defense of entrapment.
D) Bob will be able to claim outrageous government conduct.
19) Bob is arrested for robbery. While waiting for his trial, he falls mentally ill and is found incompetent to stand trial. After six months of treatment for his illness, he recovers. Bob:
A) is considered guilty but mentally ill.
B) can now be tried for robbery
C) is considered legally insane.
D) is not guilty by reason of insanity.
20) Person's found not guilty by reason of insanity are, on average, held in mental hospitals ________ as persons found guilty are held in prison.
A) a small fraction of the time
B) at least as long
C) twice as long
D) about half the amount of time
21) ________ is the killing of a human being by the act, procurement, or omission of another human being.
B) Gross negligence
C) Accidental death
D) Malice aforethought
22) Driving 100 miles per hour in a school zone while young children are present could establish:
C) adequate provocation.
D) ordinary negligence.
23) ________ can be a killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation.
A) Negligent homicide
B) Voluntary manslaughter
C) Premeditated murder
D) Excusable homicide
24) ________ is an intentional and offensive touching or wrongful physical contact with another without consent, that results in some injury or offends or causes discomfort.
B) Aggravated assault
C) Aggravated battery
25) ________ is sexual intercourse, whether or not consensual, with a person under the "age of consent" as specified by law.
A) Spousal rape
B) Sexual battery
C) Statutory rape
D) Sexual contact
26) The elements of the crime of ________ are: 1) an unlawful restraint by one person, 2) of another person's freedom of movement, 3) without the victim's consent or without legal justification.
A) false imprisonment
B) forcible battery
27) Larceny can only be committed:
28) The elements of ________ are: 1) the felonious taking of personal property, 2) from the person or immediate presence of another, 3) against the will of the victim, and 4) accomplished by means of force or by putting the victim in fear.
29) Bob lies to Ray. He tells Ray that he has permission to go into Mary's house while she is at work and borrow her TV. In reality, Mary expressly told Bob he could not enter her house or borrow her TV. Bob asks Ray to do him a favor and go get the TV for him. Ray goes in the house and brings Bob the TV. This is an example of:
C) constructive entry.
D) criminal mischief.
30) The elements of ________ make it illegal for a person to: 1) use a computer or computer network, 2) without authority, and 3) with the intent to cause physical injury to an individual.
A) computer fraud
B) personal trespass by computer
C) computer tampering
D) computer trespass
31) Crimes against ________ are those that disturb or invade society's peace and tranquility.
A) the administration of government
B) public order
C) public decency
32) Many traditionally worded ________ statutes were struck down by the courts for being too vague or attempting to punish a status rather than an activity.
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