Crim Law - AMP

Question 2

At common law, murder was _______, which is established by_______.

Answer 2

the killing of a human being with malice aforethought. The mental state of malice aforethought could be established with any one of the following states of mind: (i) intent to kill; (ii) intent to cause serious bodily harm; (iii) reckless indifference to an unjustifiably high risk to human life (“depraved heart”); or (iv) the intent to commit a dangerous felony (“felony murder”).

Question 3

Adequate provocation will reduce a killing to voluntary manslaughter if the defendant was . . .

Answer 3

both reasonably provoked and actually provoked.

Question 4

Under conspiracy and accomplice liability law, all participants in the felony will be liable for murder if . . .

Answer 4

the killing was foreseeable. Resistance by the store clerk was foreseeable and neither the accomplice nor the defendant had any right of self-defense under the circumstances.

Question 5

Under the M’Naghten rule, a defendant is entitled to an acquittal if . . .

Answer 5

the proof establishes that a disease of the mind caused a defect of reason, such that the defendant lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.

Question 6

under the M’Naghten rule, _______ is not a defense.

Answer 6

loss of control because of mental illness

Question 7

Criminal negligence is . . .

Answer 7

Criminal negligence, a form of involuntary manslaughter, is an unintended killing caused by the negligence of another. Criminal negligence requires a greater deviationfrom the reasonable person standard than is required for civil liability, but less negligence thanthe reckless disregard for human life required for malice. Certainly a parent’s failure to provide medical treatment for a critically ill child is criminal negligence. Note that intent is not an element of involuntary manslaughter.

Question 8

An accomplice is one who . . .

Answer 8

1. with the intent that the crime be committed, 2. aids, counsels, or encouragesthe principal3. before or during the commission of the crime.

Question 9

Difference b/w larceny by trick and obtaining property by false pretenses . . .

Answer 9

In the crime of false pretenses, the defen- dant obtains title to the property by means of a false representation of a material present or past fact that causes the victim to pass title to his property to the defendant, who knows his representa- tions to be false and intends thereby to defraud the victim. (Vase at the flea market) vs. arceny by trick occurs when the defendant obtains possession of another’s property by lying or trickery. Here, the bystander obtained title to, rather than mere possession of, the money, and is therefore not guilty of larceny by trick (wine bottle)

Question 10

To convict a person for an attempted crime, the prosecution must establish that . . .

Answer 10

the defendant had an actual specific intent to cause the harm prohibited by the statute and committed an act beyond mere preparation in furtherance of that intent. Those elements—specific intent and act— are required regardless of the mental state required by the target offense. A person who tooka substantial step towards commission of the crime but was only reckless with respect to the target offense could not be found guilty of attempt. The homeowner did not intend to burn the neighbor’s home. Therefore, he cannot be guilty of attempted arson of the neighbor’s home.

Question 11

At common law, each person who took part in the planning of a crime was criminally liable for ______. However, if one of the conspirators “withdrew” from the criminal effort ______, he was not liable for _____. To successfully withdraw, the actor must _____; this must be done _____.

Answer 11

a. the crime of conspiracy and for each offense committed in furtherance of the conspiracyb. before the substantive crimes occurredc. the subsequent crimesd. notify all members of the conspiracy that he has withdrawne. in time for them to have an opportunity to abandon the planned crimes

Question 12

A school search will be held reasonable if . . .

Answer 12

(i) it offers a moderate chance of finding evidence of wrongdoing; (ii) the measures adopted to carry out the search are reasonably related to the objectives of the search; and (iii) the search is not excessively intru- sive in light of the age and sex of the student and the nature of the infraction. Here, even though the principal did not have probable cause to believe that the drugs were in the student’s purse, the principal did have sufficient reasonable grounds to search her purse.

Question 13

With regard to the use of immunity to compel testimony, a state cannot use immunity to compel testimony unless

Answer 13

the immunity also applies in a federal prosecution.Therefore, federal prosecutors may not use evidence obtained as a result of a state grant of immunity, and vice versa.Testimony obtained by a promise of immunity MAY be used in a prosecution for perjury committed during the immunized testimony.A grant of use and derivative use immunity does NOT guarantee immunity from prosecution for any crimes. Transactional immunity guarantees immunity from prosecution for any crimes related to the transaction about which the witness testifies.Transactional immunity does NOT allow the witness to be prosecuted from evidence derived from an independent source. Use and derivative use immunity allows the witness to be prosecuted if the prosecutor can show evidence was derived from a source independent of the immunized testimony.

Question 14

The Blockburger test generally prohibits . . .

Answer 14

multiple punishments for the same offense.

Question 15

The Blockburger test generally prohibits multiple punishments for the same offense. The exception to this rule is . . .

Answer 15

where the offenses are intended to carry separate punishments and are imposed at a single trial. This is true even though the offenses constitute the same crime under the Blockburger test. This rule requires imposing the punishments at a single trial, not at different trials.

Question 16

The doctrine of collateral estoppel prohibits a defendant from being tried or convicted of a crime if:

Answer 16

A prior prosecution resulted in a factual determination inconsistent with one required for conviction. For example, if a defendant was charged with robbing an individual poker player and acquitted for insufficient evidence as to identity, the defendant cannot afterward be charged with robbery of a different poker player at the same table.If a prior prosecution resulted in a mistrial because of a hung jury or because a conviction was reversed on appeal, the Double Jeopardy Clause (not collateral estoppel) is at issue.

Question 17

Under the Double Jeopardy Clause, a defendant cannot be retried for the same offense. The Court in Blockburger v. United States stated a test to determine what is “the same offense.”What is the best explanation of the Blockburger test?

Answer 17

Two crimes do not constitute the same offense if each crime requires proof of an element that the other crime does not require

Question 18

Defendant signed a confession to a crime at the police station shortly after his arrest.Is this confession sufficient in and of itself to convict Defendant?

Answer 18

No, a criminal conviction cannot rest entirely on an uncorroborated extrajudicial confession. If the defendant does not admit guilt in court, the prosecution must introduce extrinsic evidence that, at the least, tends to establish the trustworthiness of the admission.

Question 19

Prior to accepting the guilty plea, the judge must . . .

Answer 19

The judge must determine that the plea is voluntary and intelligent. The judge must also ensure that the defendant knows and understands the nature of the charge and the crucial elements of the crime, along with the maximum penalty and any mandatory minimum penalty. The judge also must ensure that the defendant understands his right to plead not guilty and that he waives the right to trial if he does plead guilty.

Question 20

If more than _______ months imprisonment is authorized, the offense is considered “serious” for determining whether a defendant has a constitutional right to a jury trial.

Answer 20

6An offense is considered serious, making a jury trial a constitutional right, when more than six months imprisonment is authorized.

Question 21

When does a penalty constitute cruel and unusual punishment in violation of the Eighth Amendment?

Answer 21

When it is grossly disproportionate to the offense committed

Question 22

The constitutional right to a jury trial in criminal cases applies __________ offenses.

Answer 22

Only to serious

Question 23

If a defendant successfully appeals his conviction and is retried by the same judge and again convicted, under what circumstances (if any) may a judge impose a sentence harsher than the original sentence?

Answer 23

Only if the sentence is based on conduct on the part of the defendant occurring after the original sentencing proceedings.The purpose of this rule is to ensure that the judge des not impose a harsher sentence out of vindictiveness. (Note that the rule does not apply if the second trial is de novo by a different judge or the sentence is imposed by a jury who were not told of the first sentence.)

Question 24

Miranda warnings may need to be given, depending on whether the suspect knows this person is employed by the police. Miranda generally applies only to interrogation by the publicly paid police. It does not apply where . . .

Answer 24

interrogation is by an informant who the defendant does not know is working for the police. The rationale is that the warnings are intended to offset the coercive nature of police-dominated interrogation, and if the defendant does not know that he is being interrogated by the police, there is no coercive atmosphere to offset.

Question 25

What will a grand jury issue if it determines that the evidence provides probable cause to prosecute?

Answer 25

A true bill

Question 26

A Gerstein hearing is . . .

Answer 26

a hearing to determine probable cause to hold a detainee who was arrested without a prior finding of probable cause (e.g., if the arrest was not pursuant to an arrest warrant or grand jury indictment).

Question 27

A witness subpoenaed to testify before a grand jury has no right to:

Answer 27

Counsel in the courtroom, Miranda warnings, or warnings that she is a potential defendant.

Question 28

5th vs. 6th Amendment . . .

Answer 28

A defendant’s right to counsel at trial is provided for by the Sixth Amendment. The Supreme Court has read a right to counsel into the Fifth Amendment, but the right applies at custodial interrogations by the police; it does not apply at trial.

Question 29

The primary purpose of a preliminary hearing is to:

Answer 29

Determine whether probable cause for detention existsA defendant has a Fourth Amendment right to be released from detention if there is no probable cause to hold him. The purpose of a preliminary hearing is to determine whether probable cause for detention exists.A defendant does not have the right to cross-examine witnesses at a preliminary hearing. A preliminary hearing is an informal, ex parte, nonadversarial proceeding.

Question 30

__________ determine(s) whether a dwelling is “of another.” (Crim Law)

Answer 30

OccupancyThe requirement is that the structure be used as a dwelling by someone other than the defendant. Ownership is not relevant. An owner can commit burglary of his own structure if he offers it for rent and it is used as a dwelling by others.

Question 31

Common law arson is a __________ crime.

Answer 31

At common law, arson consisted of the malicious burning of the dwelling of another. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. The intent requirement for arson is satisfied if the defendant acted with knowledge or reckless disregard that the structure would burn. A specific intent crime requires the doing of the criminal act with a specific intent or objective. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme.

Question 32

Modern statutory changes have expanded upon the common law definition of burglary. Under most modern statutes, burglary can be committed _______.

Answer 32

At any time of day and in structures other than a dwelling

Question 33

At common law, burglary was defined as . . .

Answer 33

the breaking and entering of the dwelling of another at nighttime with the intent of committing a felony therein. The breaking may be actual or constructive. Actual breaking requires at least a minimal use of force (e.g., opening a door that is a ajar). Constructive breaking consists of gaining entry by means of fraud, threat, or intimidation, or by use of the dwelling’s chimney.

Question 34

At common law, arson consists of:

Answer 34

(i) the malicious; (ii) burning; (iii) of the dwelling; (iv) of another. The offense need not occur at night.

Question 35

Although variously defined in different jurisdictions, embezzlement generally requires:

Answer 35

(i) The fraudulent;(ii) Conversion;(iii) Of property;(iv) Of another;(v) By a person in lawful possession of that property. Conversion requires only that the defendant deal with the property in a manner inconsistent with the trust arrangement pursuant to which he holds it.The passing of title is not an element of embezzlement. Title does not pass when property is embezzled.

Question 36

The crime of larceny by false pretenses is committed when . . .

Answer 36

the defendant obtains title to the property of another by an intentional (or, in some states, a knowing) false statement with the intent to defraud another. Under the common law, the false statement had to be a false statement of past or existing fact; under the Model Penal Code, the false statement need not be of a past or existing fact. (A future false promise to perform suffices.)

Question 37

Larceny by trick is distinguished from false pretenses by the fact that . . .

Answer 37

larceny by trick does not involve passing of title, only possession. In false pretenses, title is intended to pass.

Question 38

The elements of the crime of receipt of stolen property are:

Answer 38

(i) receiving possession and control; (ii) of “stolen” personal property; (iii) known to have been obtained in a manner constituting a criminal offense; (iv) by another person; (v) with the intent to permanently deprive the owner of his interest in the property. Most jurisdictions define “stolen” property broadly to include property obtained by commission of any of the property offenses. The property must have “stolen” status at the time it is received by the defendant. If police have recovered the property and used it with the owner’s permission, the property is not stolen and the defendant cannot be guilty of this crime. Because of the elements requires that the property be obtained by another person, a defendant cannot be convicted of receipt of stolen property if he stole the property himself. Similarly, receipt of stolen property is not a strict liability offense; the defendant must have known it was obtained in a criminal manner.

Question 39

Larceny is a crime against ______.

Answer 39

possession. The person from whom the property is taken needs only to have some possessory interest superior to that of the defendant. Thus, property is taken from a thief may be the subject of larceny because the thief has a possessory interest superior to the person who took the property from him. Likewise, a bailee has a possessory interest superior to someone who took the property from her.

Question 40

An inchoate offense is committed . . . . Give examples.

Answer 40

prior to and in preparation for what may be a more serious offense. It is a complete offense in itself, even though the act to be done may not have been completed.Solicitation is an inchoate offense. Solicitation consists of inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime. The offense is complete at the time the solicitation is made. Attempt is an inchoate offense. An attempt consists of two elements: (i) a specific intent to commit the crime, and (ii) an overt act in furtherance of that intent. Conspiracy is an inchoate offense. The elements of conspiracy at common law include an agreement between two or more persons, an intent to enter into an agreement, and an intent to achieve the objective of the agreement. Although under the traditional definition of conspiracy, the agreement itself was the culpable act, today a majority of states require an overt act in furtherance of the conspiracy, but mere preparation will usually suffice.

Question 41

Forgery consists of . . .

Answer 41

the making or altering of a false writing with the intent to defraud. A writing that has apparent legal significance may be the subject of common law forgery. The writing need not have monetary value; any legal significance suffices. Writings that derive their value from the mere fact of their existence—historical or artistic value—cannot be the subject of common law forgery.

Question 42

For an individual to be convicted as an accessory after the fact under modern statutes, what must be true of the underlying crime . . .

Answer 42

The crime committed by the principal must be a felony, and it must have been completed at the time the accessory renders aid

Question 43

Elements of accessory after the fact . . .

Answer 43

1. receives, relieves, comforts, or assists another 2. knowing that he has committed a felony 3. in order to help the felon escape arrest, trial, or conviction. NOTE: The crime committed by the principal must be a felony, and it must be completed at the time the aid is rendered. It is not enough that the principal has taken a substantial step toward completion of the crime; the crime must have been completed at the time the accessory renders aid.

Question 44

How can a person avoid accomplice liability . . .

Answer 44

One who has rendered encouragement or aid to another may avoid liability as an accomplice if he voluntarily withdraws from the crime before it is actually committed by the principal. Withdrawal must come before the chain of events leading to the commission of the offense becomes unstoppable. An individual may voluntarily withdraw from a crime before it is actually committed and avoid liability. What is necessary for effective withdrawal depends on what the person initially did. If the person merely encouraged the commission of the crime, withdrawal requires that he repudiate this encouragement prior to the chain of events leading to the commission of the crime becoming unstoppable. If the person assisted by providing some material to the principal, withdrawal requires at least an attempt to retrieve the material or to neutralize the aid given. Note that an alternative means of withdrawing is to notify authorities or take some other action to prevent the commission of the offense.

Question 45

2 versions of assault and elements (and is it a general intent or specific intent crime?)

Answer 45

Assault is a specific intent crime; the attempted battery version of assault requires the intent to commit a battery. There are two types of assault: One is defined as the intentional creation—other than by mere words—of a reasonable apprehension in the mind of the victim of imminent bodily harm, and the other is defined as the intent to commit a battery. The latter version (the attempted battery version) requires not only the doing of an act, but the doing of it with a specific intent or objective.

Question 46

Battery is defined as . . . (intent?)

Answer 46

an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching. general These crimes require only that the defendant be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.

Question 47

Common law false imprisonment is defined as . . . (intent?)

Answer 47

the unlawful confinement of a person without his valid consent. general intent These crimes require only that the defendant be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.

Question 48

Kidnapping is generally defined as . . . (intent?)

Answer 48

some movement (i.e., “asportation”) of the victim or concealment of the victim in a “secret” place. general intent These crimes require only that the defendant be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.

Question 49

Under the Model Penal Code, consciously disregarding a substantial and unjustifiable risk indicates a person acted __________.

Answer 49

recklessly

Question 50

A person acts recklessly when he _____ a _____ and_____ risk that circumstances exist or _____, and this disregard constitutes a _____ from the standard of care that a reasonable person would exercise in the situation. Recklessness is one of the four categories into which the Model Penal Code classifies _____.

Answer 50

consciously disregards substantial unjustifiable that a prohibited result will follow gross deviation the mental component of a criminal offense (i.e., the element of fault)

Question 51

A person acts recklessly when he . . .

Answer 51

consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. Recklessness is one of the four categories into which the Model Penal Code classifies the mental component of a criminal offense (i.e., the element of fault).

Question 52

Four categories into which the Model Penal Code classifies the mental component of a criminal offense (i.e., the element of fault).

Answer 52

recklessly purposefully knowingly negligently

Question 53

A person acts purposefully when . . .

Answer 53

when it is his conscious object to engage in certain conduct or cause a certain result.

Question 54

A person acts purposefully when it is his _____ to engage in certain conduct or cause a certain result.

Answer 54

conscious object

Question 55

A person acts knowingly when . . .

Answer 55

he is aware that his conduct is of that nature or that certain circumstances exist.

Question 56

A person acts negligently when he fails to be aware of a _____ and _____ risk that _____ exist or a result will follow, and such failure constitutes a _____ deviation from the standard of care that a _____.

Answer 56

substantial unjustifiable circumstances substantial reasonable person would exercise under the circumstances

Question 57

A person acts negligently when . . .

Answer 57

he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances.

Question 58

A defendant charged as an accomplice is responsible for _____, as long as _____.

Answer 58

the crimes he did or counseled and any other crimes committed in the course of committing the crime contemplated the other crimes were probable or foreseeable. Note that one who may not be convicted of being a principal may be convicted of being an accomplice.

Question 59

What mental state must an accessory after the fact possess?

Answer 59

An accessory after the fact must know that the person he is aiding has committed a felony

Question 60

The intent necessary to be convicted of conspiracy is:

Answer 60

The intent to agree and the intent to achieve the objective of the conspiracy

Question 61

What are the two requirements for a criminal attempt?

Answer 61

The specific intent to perform an act and obtain a result, that, if achieved, would constitute a crime; and an overt act in furtherance of the crime The overt act requirement means that the defendant must have committed an act beyond mere preparation for the crime.

Question 62

Intent as applied to the crime of attempt?

Answer 62

No matter what the intent required for the substantive crime being attempted (a general or specific intent crime, or a strict liability crime), the defendant must have the specific intent to perform an act and obtain a result that, if achieved, would constitute a crime.

Question 63

The overt act requirement (criminal attempt) means that . . .

Answer 63

the defendant must have committed an act beyond mere preparation for the crime.

Question 64

What is a “hub and spoke” conspiracy and how are they treated?

Answer 64

If the agreements have one common member and it is established that any subagreements are reasonably independent of each other, the series of crimes committed will be considered separate conspiracies.

Question 65

What is a chain relationship (criminal)?

Answer 65

If there is a series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested, then there is only one conspiracy. This is known as a “chain” relationship. If there is an agreement to commit a preparatory crime followed by substantive crime, there is only one conspiracy. This is another example of a “chain” relationship.

Question 66

Describe the possible relationship b/w conspirators and how they are treated . . .

Answer 66

If the agreements have one common member and it is established that any subagreements are reasonably independent of each other, the series of crimes committed will be considered separate conspiracies. This is known as a “hub and spoke” relationship. If there is an initial agreement among the parties to engage in a course of criminal conduct constituting all the crimes, then there is only one conspiracy. If there is a series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested, then there is only one conspiracy. This is known as a “chain” relationship. If there is an agreement to commit a preparatory crime followed by substantive crime, there is only one conspiracy. This is another example of a “chain” relationship.

Question 67

The crime of solicitation is completed when _____. It is not necessary that the person solicited _____ or _____.

Answer 67

when the solicitation is made agree to commit the crime or do anything in response

Question 68

For criminal liability for solicitation to attach, there is no requirement that the person solicited _____ or that the person solicited _____.

Answer 68

actually agree to commit the crime actually commit or attempt to commit the crime

Question 69

If the evidence is sufficient, a defendant charged with an attempt to commit a crime can be found guilty of:

Answer 69

Attempt to commit the crime only A defendant charged only with an attempt to commit a crime can be convicted only of the attempted crime and may not be convicted of the completed crime, regardless of whether the evidence shows that he completed it.

Question 70

Describe the necessary intent for the crime of conspiracy . . .

Answer 70

A defendant must possess both the intent to agree AND the intent to achieve the objective of the conspiracy to be convicted of conspiracy.

Question 71

What two requirements are necessary for a conspirator to be liable for crimes committed by a co-conspirator?

Answer 71

The crimes were committed in furtherance of the conspiracy’s objectives and were foreseeable

Question 72

A conspirator is liable for the crimes committed by a co-conspirator only if _____ and _____. There is no requirement that the crimes were part of _____ between the conspirators; all that is required is that they be foreseeable.

Answer 72

the crimes were committed in furtherance of the conspiracy’s objectives were foreseeable the original agreement

Question 73

Mistake of fact is __________ as a defense for __________. The defense is also available for _____, and, unlike _____, the mistake need not be reasonable.

Answer 73

Available; general intent crimes, but the mistake must be reasonable specific intent crimes general intent crimes

Question 74

Mistake of fact as it relates to specific and general intent crimes . . .

Answer 74

The defense is available for general intent crimes; however, the mistake must be reasonable. The defense is also available for specific intent crimes, and, unlike general intent crimes, the mistake need not be reasonable.

Question 75

The defense of necessity may be available when The test is _____; _____ is insufficient.

Answer 75

a defendant reasonably believes that he must commit otherwise criminal conduct to avoid some harm to society that would exceed the harm caused by his conduct. objective a good faith belief in the necessity of one’s conduct

Question 76

Self-defense is available when a defendant _____ he is justified in using force against another.

Answer 76

reasonably believes

Question 77

The defense of duress always involves a _____ threat.

Answer 77

human

Question 78

Entrapment is an affirmative defense to situations where . . . .

Answer 78

law enforcement initiated the criminal scheme, and the defendant would not have engaged in the criminal behavior had it not been for the solicitation of law enforcement.

Question 79

For an entrapment defense to succeed, the criminal design must _______; and the defendant must _______.

Answer 79

Originate with law enforcement officers; not have been predisposed to commit the crime

Question 80

At common law, duress is available if the defendant commits a crime to _____. A defendant may commit an otherwise criminal act (other than _____), provided that he believes that _____. At common law, duress is not available as a defense if the defendant commits a crime to prevent harm to _____.

Answer 80

prevent imminent death or great bodily harm to himself or a third person homicide death or great bodily harm will be inflicted if he does not commit the crime a dwelling

Question 81

Difference b/w necessity and duress . . .

Answer 81

When a defendant commits a crime to prevent a greater harm than that caused by committing a crime, the available defense is necessity. Duress excuses a crime committed under threats by a person.

Question 82

In most states, who has the burden of persuasion to prove or disprove insanity as a defense to criminal liability, and by what standard?

Answer 82

The defendant, by standard of either clear and convincing evidence or a preponderance of the evidence

Question 83

The M’Naghten Rule requires proof that the defendant:

Answer 83

(i) Have a disease of the mind, (ii) That caused a defect of reason, (iii) Such that he lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions. The defendant suffering from delusions, believing his actions are morally right, or being unable to control himself are not elements of the M’Naghten test.

Question 84

Statutory rape is a _____ liability crime.

Answer 84

strict

Question 85

In order to commit robbery, one must use force or intimidation to _____. The force used must be _____.

Answer 85

take or retain the item sufficient to overcome the victim’s resistance

Question 86

T/F. For robbery, if force is used, it must be sufficient to overcome the victim’s resistance.

Answer 86

True.

Question 87

For robbery, if force is used, it must be _____. If a threat is used, it must be of _____ to _____, _____, _____, _____. A threat to _____ is not sufficient, except _____. The force or intimidation must be used either to _____ or to _____.

Answer 87

sufficient to overcome the victim’s resistance immediate death or serious physical injury the victim a member of her family a relative a person in her presence at the time damage property for a threat to destroy the victim’s dwelling gain possession of the property retain possession immediately after such possession has been accomplished

Question 88

Which of the following batteries is usually treated as an aggravated battery?

Answer 88

A battery of a police officer

Question 89

Most statutes define certain acts as aggravated batteries and punish them as felonies. The most common aggravated batteries are batteries in which:

Answer 89

(i) a deadly weapon is used; (ii) A serious bodily injury is inflicted; and (iii) the victim is a child, woman, or police officer.

Question 90

T/F. With respect to robbery, the force or threats of force may be used to retain possession immediately after such possession has been accomplished.

Answer 90

True.

Question 91

Fraud as to _______, _______, and _______ are insufficient to establish the “without consent” requirement for rape.

Answer 91

Whether the defendant is the victim’s husband; the defendant’s intent to marry the victim; the defendant’s profession or identity

Question 92

T/F. Consent obtained by fraud as to the nature of the act (i.e., that the act constitutes sexual intercourse) will generally be sufficient to satisfy the “without consent” element of rape.

Answer 92

True.

Question 93

T/F. When the fraud is as to whether the defendant is the victim’s husband, the “without consent” element ordinarily will not be satisfied.

Answer 93

True.

Question 94

T/F. Forms of fraud such as the defendant’s false promise to marry the victim or the defendant’s misrepresentation of his profession or identity generally will satisfy the “without consent” requirement.

Answer 94

False.

Question 95

T/F. The fact that the victim is held for a long period of time generally is not considered in determining whether a kidnapping is “aggravated.”

Answer 95

True.

Question 96

Most states elevate the crime of kidnapping to aggravated kidnapping when _____.

Answer 96

the kidnapping was committed for ransom, when the kidnapping was committed for the purpose of another crime, and when the victim was a child.