Final Exam Flashcards
The study of criminal law is a study of crime, moral principles and common law
True
Law that defines crimes and specifies punishments is referred to as?
Substantive Criminal Law
A person accused of committing a civil wrong is referred to as a? (one word, spelling counts)
Tortfeasor
Acts that are regarded, by convention and tradition, as wrong in themselves are known as?
Mala in Se
According to the text, violating someone’s personal space is an example of?
A norm
According to the Natural Law video: Life, Reproduction, Educating One’s Offspring, Seek God, Live in Society, Avoid Offense & Shun Ignorance refers to?
The Basic Goods
The subject matter or geographical area that the authority of a government entity covers, in particular a court of law, is referred to as? (one word, spelling counts)
Jurisdiction
A crime punishable by a year or more of incarceration or death is a?
Felony
The two general areas of legal jurisdiction are state and federal.
True
Due process clauses are found in?
5th & 14th amendments
The following are three aspects of?
- To block government from punishing an individual for an action that was lawful when performed.
- To compel the government to give advance notice of what conduct it considers to be criminal. (Ex Post Facto laws)
- To prohibit bills of attainder.
Legality
The term associated with jurisdiction that refers to the geographic location of where a trial should be held is? (one word, spelling counts)
Venue
Based on the video in Chapter 3 on Equal Protection, when a government action concerns a protected class, which of the following is NOT part of the five step process of strict scrutiny?
Lack of standing
The following restrictions relate to which protection found in the Bill of Rights?
- A person accused of a crime is protected from prosecution for the same crime after they have been acquitted.
- A person accused of a crime is protected from prosecution for the same crime after they have been convicted.
- A person accused of a crime is protected from multiple punishments for the same crime.
Double jeopardy
Match the amendment in the Bill of Rights to its basic subject matter
2nd amendment – right to bear arms
1st amendment – right to free speech
4th amendment – right against unreasonable search and seizures
8th amendment – right against cruel and unusual punishment
5th amendment – right against self incrimination
The two major restrictions against substantive criminal law are the Due Process Clause and the 8th Amendment prohibition against cruel and unusual punishment
True
The power of the court to exercise its authority over subject matter or a person is referred to as?
Jurisdiction
Employers being held responsible for the actions of their employees is referred to as?
Vicarious liability
Which of the following is NOT one of the four mental states discussed in Chapter 2?
Caused intent
In order for an action to be considered criminal, the act itself and the required mental state must occur at the same time, this is referred to as?
Concurrence
In the products liability video in Chapter 2, the first example involved a?
Hoverboard
What drives / compels someone to intend to do something is referred to as? (one word, spelling counts)
Motive
A legal term that refers to the level of knowledge required to hold a person criminally liable for his or her physical acts is? (one word, spelling counts)
Scienter
The Latin term that means the specific mental state of the defendant at the time of the crime is?
Mens rea
The intent to commit the act required for the crime
General intent
Committing the actus reus with the intent to cause a particular or specific result
Specific intent
According to the video about Kenneth Parks in Chapter 2, unlike the United States, Canadian prosecutors can appeal a murder trial verdict of “not guilty”.
True
Someone with common sense, someone who acts with a level of caution that a normally prudent person would, someone who possesses the average mental capacity of normal human being is our definition of a? (two words, singular, spelling counts)
Reasonable person
A lack of knowledge of a fact that relates to a particular situation is referred to as?
Ignorance of fact
A circumstance where a person is forced to act against their own will, also referred to as compulsion is also referred to as? (one word, spelling counts)
Duress
A form of danger that is imminent when the action or behavior of an aggressor makes the threat of harm or danger obvious is referred to as?
Apparent
According to the alibi video, the Latin translation of the word “alibi” means?
Somewhere else
Criminal defenses based on a lack of mental competence can be divided into two categories: competency and sanity.
True
Insanity is a matter that is decided by a jury as opposed to competence, which is decided by the court.
True
According to the video in chapter 5 about the 6th amendment, which case extended the right to an attorney to those accused of committing state crimes?
Gideon vs Wainwright
According to the video about Joe Horn calling 911 about his neighbor’s house being burglarized, how many burglars were there?
2
Which defense asserts that if it had not been for the actions on the part of the government, there would have been no crime committed? (one word, spelling counts)
Entrapment
The Latin term discussed in class from the text that literally means “to begin” is? (one word, spelling counts)
Inchoate
Mere knowledge is enough for conspiratorial liability.
False
Crimes that are incomplete or unfinished are sometimes referred to as?
Anticipatory crimes
The video about the Umbrella Man referred to what event?
Kennedy assassination
According to the video on solicitation, which of the following crimes are most common in regards to solicitation?
Prostitution
The following are all examples of what? (two words, plural, spelling counts)
- Lying in wait, searching/following victim
- Enticing, seeking to entice the victim to go where the crime will be committed
- Reconnoitering the place where the crime will occur
- Unlawfully entering a structure, vehicle, or enclosure that is the contemplated scene of the crime
- Possessing materials to be used in a crime that were designed for the crime or that under the circumstances serve no lawful purpose.
- Possessing, collecting, or fabricating material to be used in the commission of a crime at or near the scene of the crime, where such possession, collection, or fabrication serves no lawful purpose.
- Soliciting an innocent agent to engage in conduct constituting an element of the crime.
Substantial steps
To apply a conspiracy charge, the specific intent for both intent to the conduct and intent to the result of the conduct are required.
True
A person who assists or promotes another to commit a crime is referred to as an? (one word, singular, spelling counts)
Accomplice
The following are two categories of?
- When the accused has completed all the planned actions towards the crime but has failed to complete the substantive crime.
- When the accused has NOT completed all planned actions towards the crime and for that reason, in particular, has failed to complete the substantive crime.
Criminal attempt
When one person kills another by either by mistake or in an act of self-defense, as discussed in class, that is referred to as? (two words, spelling counts)
Excusable homicide
Voluntary Manslaughter
The unlawful and intentional killing of another person in reaction to an adequate provocation
Involuntary Manslaughter
The unintended killing of another person that is caused during the commission of an act that is unlawful (that is not a felony) or that results from criminal negligence.
The Latin term that translates to “body of the crime” is?
Corpus delecti
the unlawful and intentional killing of a human being by another defined in class is referred to as? (one word, spelling counts)
Murder
Mass murders
Killings involving multiple victims that occurs at the same time
Serial murder
Killings involving multiple victims over a period or range of time
Accidental death
One that is caused by unintended or unexpected means
Accidental killing
A death that results from human action lawfully and purposely carried out with the reasonable belief that there would be no harm caused.
Match the type of serial killer to their corresponding description
Mission orientated –These killers have a belief that their life goal or mission is to eliminate particular types of people from society.
Hedonistic – These killers are looking for thrills during their killing, many of these type have sexual fantasies involved in their behavior.
Power orientated – These killers are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy.
Visionary – These killers claim that they are following orders or direction from a vision or a voice
According to the video in Chapter 6, to date, which of the following was the most deadly mass shooting in the United States?
Las Vegas Outdoor Concert
Behavior / action that would provoke a reasonable person to react in the “heat of passion” with no “cooling off” period describes what element for the crime of voluntary manslaughter? (two words, singular, spelling counts)
Adequate provocation
The legal term for one human being killing another human being is? (one word, spelling counts)
Homicide
According to the video, for how many years was Jacyee Dugard held captive?
18
The unlawful violation of the personal liberty of another, according to the text, is referred to as? (two words, spelling counts)
False imprisonment
According to the video about Rebecca Schaeffer, which state was the first to enact laws regarding stalking?
California
The malicious and unlawful destruction, amputation or permanently disabling or disfiguring of a member/organ of the body of another is referred to as? (one word, spelling counts)
Mayhem
When one attempts to injure another OR threatens / frightens to injure another with the present ability to do so is referred to as? (one word, spelling counts)
Assault
According to the video about Lorena and John Wayne Bobbitt, which of the following caused Lorena’s attack?
Repeated domestic violence
The Lindbergh case resulted in a law passed by Congress nicknamed “The Lindbergh Law” that allowed?
Federal authorities jurisdiction in state cases that crossed state lines
An unlawful, unjustified or offensive touching of another person is referred to as? (one word, spelling counts)
Battery
When a person willfully and repeatedly follows or harasses another person in a manner that would lead a reasonable person to be in fear or injury or death, according to the text, is referred to as? (spelling counts)
Stalking
According to the video in chapter 8 about Lawrence Singleton, The Mad Chopper, he chopped off his victim’s (Mary Vincent) what?
Arms
According to the sexual assault statutes outlined in Chapter 7, all of them are classified as a?
Felony
According to the Rape Culture video, how many males will be the victims of rape over their lifetime?
1 in 71
Sexual activity with animals, according to the text, is referred to as? (choose the two terms that are correct)
Bestiality
Zoophilia
According to the video in chapter 7 on age of consent, the age of consent is the same worldwide.
False
The term for someone having sexual activity with a dead body / corpse is? (one word, spelling counts)
Necrophilia
According to the video on rape statistics in chapter 7, a person is sexually assaulted in the United States every:
8 seconds
When a person knowingly and willfully enters into a second marriage while being legally married to another person, that is known as? (one word, spelling counts)
Bigamy
According to the video on sexual assault on college campuses, the biggest date rape drug is?
Alcohol
According to the video of former gymnastics team doctor Larry Nassar, how many victims was he accused of sexually assaulting?
150
According to the rape culture video in chapter 7, what percentage of reported rapes ends up with a prison sentence for the offender?
6%
According to the video about Rod Blagojevich, the most striking crime he committed was?
Trying to sell a vacant senate seat
The nickname of the law enforcement operation on the college admissions scam video was Operation?
Varsity Blues
According to the first video in Chapter 9, which crimes get confused most often?
Robbery, Burglary, Theft
The FBI’s Uniform Crime Reporting (UCR) Program defines ??????? as the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. (one word, spelling counts)
Robbery
With intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner is the statutory definition of ? (one word, spelling counts)
Larceny
The Latin term for a bribery type of agreement is? (three words, spelling counts)
Quid Pro Quo
There is only one type of bribery which is described as: To give a public official money or property of any value in exchange for an agreement by the official to do or refrain from doing something that is against an official duty.
False
Money, goods or favor that is promised or given for the purpose of influencing the conduct or judgment of a person who is in a position of trust is referred to as? (one word, spelling counts)
Bribery
According to the videos regarding David Letterman’s extortion case, the secret that was being threatened to expose involved:
Infidelity
According to the video about the North Hollywood bank robbery, how many bank robbers were there?
2
Match the type of arson to its’ description
Concealment of a Crime – the intention is to conceal another crime by burning the structure where the crime was committed and to destroy any evidence that may be found
Thrill seeking – fires that are set because the accused is bored and wants some excitement.
Profit – the intention to burn property in an effort to collect money from insurance companies. Usually involves cars, homes, small business, etc.
Vandalism arson – usually done to damage property and/or demonstrate hatred towards a particular individual or group. Typically committed by juveniles and in some cases could be a requirement for a gang-initiation. Generally there is no intention to cause injury
Attention Seeking – committed by someone seeking attention, someone with a “hero complex”. Not unusual for some volunteer firefighters to be in this category.
Revenge arson – the motivation is the desire to seek retribution on someone else. Usually this is directed at a spouse, significant other, employer or a former employer.
Mental Illness – no direct motive with the exception of experiencing the rush of feelings that can result from setting a fire and watching it burn. These are typically impulsive behaviors and are typical of serial arsonists.
Politics – fires that are set for a political purpose or to make a political statement, occurs during political riots.
In the video about the person arrested for possession of burglary tools, the suspect was initially pulled over for?
License plate light
According to the video on serial arsonists, which one used a slingshot to help set fires?
Raymond Lee Oyler
According to the FBI Crime Clock 2017, a burglary occurs in the United States every:
22.6 seconds
In the video on burglary elements, there were no differences between the common law version and the modern version.
False
One of the elements of common law arson included that the structure itself had to be burned. Merely burning the contents was not arson.
True
A characteristic of serial arsonists is a history of substance abuse
True
According to the definitions in the burglary section of the text, there is no difference between a building and a dwelling.
False
Match the category of burglar to the appropriate description
Late-teenagers or in their early 20’s – they don’t prepare as well as the professionals or the known to police burglars
Drug Addicted – poorly organized, opportunistic in nature, sloppy and tent to act quickly in order to satisfy their drug habit
Known to Police – known to police due to previous arrests and not as experienced or successful as professionals
Juveniles – those who are under the age of 16 - 18, they stick to their local neighborhoods and may team up with an older, more experienced burglar
Professionals – experienced and skilled, usually career criminals who focus on high value targets
In regards to the Connecticut statutes for Burglary 2nd and 3rd degree that included a version with a one year sentence that is not suspendible, the special circumstance in those statutes concerned?
Firearms
These two elements describe what crime discussed in class? (one word, spelling counts)
- The accused was entrusted with the personal property of another person in a lawful manner.
- The accused fraudulently converted the property to his or her own use.
Embezzlement
According to the video on library theft, one of the most common subjects of books being stolen from libraries is?
Sex
According to the video about embezzlement, the most common form committed by those who work in stores and restaurants is referred to as:
Siphoning
Two Main Elements for Larceny are:
- The trespassory taking and carrying away, the property of another without consent.
- With the intent to steal
True
According to the video on shoplifting, shoplifting costs amount to how much every year?
35 billion dollars
According to the video about the counterfeiter from Canada, how much fake money did he make?
$250,000,000
The unauthorized use of another persons’ individual identity to with the intent to fraudulently acquire money, goods, or services OR to avoid the payment of a debt OR to avoid criminal prosecution is known as? (two words, singular, spelling counts)
Identity theft
Elements for Receiving Stolen Property are:
- Someone receiving, concealing, possessing, purchasing, or transferring stolen property
- That person having knowledge that the property was stolen
True
The fire had to be in or near a dwelling, not a commercial structure.
The dwelling had to be in the possession (owned or rented) of another. No one could be convicted of burning his or her own home.
The structure itself had to be burned. Merely burning the contents was not arson.
The burning had to be malicious
The above elements describe what crime?
Common law arson
According to the video on disability fraud, one subject claiming to have impaired vision in the video was caught doing what?
Driving a boat
Actions which an elected/appointed official has no right to perform, has performed in an improper manner or failed to perform when required to do so refer to?
Misconduct in Office
According to the text, calculated conduct that is deliberately designed to embarrass or obstruct a court of law or that is designed to devalue the position of a judicial officer in the course of their duties is referred to as?
Criminal contempt
According to the documentary on Robert Hanssen, where was he sentenced to serve his time?
Florence, Colorado
According to the Kids for Cash video, Hillary Transue was charged by juvenile authorities for?
Creating a MySpace parody page
According to the text, the most common form of obstruction of justice is? (two words, singular, spelling counts)
Resisting arrest
The term discussed in the text for when a person willfully interferes with the justice process and/or the law is?
Obstruction of justice
According to the video on the most prolific spies, who were the first civilians in the U.S. to be executed for being spies?
Julius and Ethel Rosenberg
According to the text, spying on behalf of a foreign government is referred to as? (one word, spelling counts)
Espionage
The term for performing duties in an improper manner is? (one word, spelling counts)
Misfeasance
According to the text, acts of violence committed with the intent of coercing a population through force, fear, intimidation or threat describes what? (one word, spelling counts)
Terrorism
All 50 states, District of Columbia, US Virgin Islands, Puerto Rico, & Guam have established crime victim compensation programs
True
According to the Wisconsin Statutory Rights for Justice Victim’s Bill of Rights link, which of the following is NOT a right of a crime victim?
To confer directly with the offender during relevant proceedings.
The period of time before written law had been clearly established estimated to be near 1800-2000 BC. This was the same period of time when Hammurabi’s Code emerged. During this historical epoch, tribal law ruled the day and victims of crime played a major role in deciding on what punishment would be given to someone found guilty of harming them or their property. This was a time when the only solution to criminal actions was direct retribution from victim to accused.
Golden Age of the Victim
The period during the middle ages (1500) through to the 1900s where during this time the state (government) assumed total responsibility for handling crime and allowed no input from victims. It was this point in time where crime was not considered to be committed against an individual but against the state (government). Victims of crime were viewed merely as pieces of evidence in criminal matters and were not involved in any decisions.
Dark Age of the Victim
Starting from the mid 1900’s victims were, to some degree, rediscovered. This was a time where different sociological theories were being discussed relating to the circumstances and characteristics of individual victims of crime such as age, race, gender and socio-economic background. In the latter part of the 1900’s there was a legal shift in how victims of crime were to be treated both at the federal and state government levels which resulted in the creation of numerous laws designed to protect victims and their rights.
The Reemergence Age
Match the theory to its description
Political Motives Theory – asserts that the concept compensating victims of crime is popular with the voting public and politicians need to support the idea in order to gain public office.
Crime Prevention Theory – asserts that by having victim compensation programs in place, they act as a motivator for people to report crime which, in turn, helps improve the efficiency of law enforcement in preventing crime.
Social Welfare Theory – asserts that victims of crime should be compensated if they have such a need.
Humanitarian Theory – asserts that victims of crime should be compensated to help alleviate their suffering.
Information from a victim or family member of a victim used in court during sentencing to assist the judge in making a better informed sentencing decision. Victim impact statements are generally submitted to the court in writing prior to sentencing and can be read into the record by either the victim or the judge. They are used to describe the harm, suffering, loss and trauma that was experienced by the victim of the crime or by the their survivors. The term this describes is?
Victim Impact Statement
According to the video in chapter 14, the invisible victims of crime refer to the family members of the victim.
False
According to the video about former Olympic doctor Larry Nassar at his sentencing, about how many victims gave victim impact statements?
100
According to the video on victim’s rights, which of the following is NOT a part of what a victim is entitled to participate in?
Interrogation
The person/party who was on the receiving end of a criminal act, the person/party who was harmed by someone else’s criminal actions refers to:
Victims in Fact
It’s common and accepted knowledge that civilians are authorized to “Press the Charge” against alleged criminal actors.
False
According to the video in Chapter 15, the Innocence Project uses what to exonerate people wrongfully convicted of crimes?
DNA
There are two types of deterrence: general and specific
True
Many states today have laws that provide for a sentence of death, also referred to as capital punishment, for certain serious, violent crimes.
True
According to the Rehabilitation versus Punishment video in Chapter 15, what is one of the biggest concerns / problems regarding people being released from prison? (one word and spelling counts)
Recidivism
A sentencing strategy where multiple sentences are served at the same time or all at once is referred to as consecutive sentencing
False
Based on the corrections history video in Chapter 15, during the beginning of the 1900s the focus on the goals of corrections shifted towards??
Rehabilitation
Current laws that prohibit anyone from willfully following and/or harassing another and making a threat against that person with the intent of causing the victim to fear for his/her safety refer to? (one word and spelling counts)
Stalking
The belief that the punishment for committing a crime should have a direct relationship to the severity of the crime is referred to as: (one word and spelling counts)
Proportionality
The death penalty is also referred to as capital punishment
True
In relation to the death penalty phase of a capital case, aggravating factors make things better and mitigating factors make things worse.
False
According to the text, offering or engaging in a sexual act for hire describes what crime? (one word, spelling counts)
Prostitution
The act of marrying one person while, at the same time, being legally married to another person describes what? (one word, spelling counts)
Bigamy
According to the video on Mass Incarceration, how many people are currently in prison in the U.S.?
2.2 million
The act of having a sexual relationship between two family members who are closely related describes what?
Incest
The term discussed in class meaning managing, controlling, owning or otherwise facilitating a business for the purpose of prostitution. This would include providing/procuring prostitutes for others as well as transporting people for the purpose of prostitution is? (one word, spelling counts)
Promoting
The movie referencing the “Evil Weed” discussed in class was?
Reefer Madness
According to the video on America’s history with drugs, what was placed in the flight kits of American fighter pilots during World War II?
Benzedrine
In the video about the flasher, one of the places he flashed was a?
Subway Sandwich Shop
According to the video on Victimless Crime, how many people in the United States are arrested every year for victimless crimes?
4,000,000
The term that means having or encouraging an excessive interest in sexual matters is:
Prurient interest
