Name: 
 

CRJ 130 Criminal Law Practice Guide 3 Summer 03



True/False
Indicate whether the sentence or statement is true or false.
 

1. 

The law of criminal homicide involves the most complex grading in the criminal law.
 

2. 

In most states, words are adequate provocation to reduce murder to voluntary manslaughter.
 

3. 

For criminal homicide, the definition of "live human being" depends on how the law defines when life begins and ends.
 

4. 

The common law recognized three degrees of murder.
 

5. 

Under modern law, corporations cannot commit murder.
 

6. 

Involuntary manslaughter is criminal homicide in which the killers did not intend to cause the death of their victims.
 

7. 

According to recent studies, the overwhelming number of rapes occur as a result of women being attacked by complete strangers.
 

8. 

Where lack of consent is an element of the crime, in no other crime but rape doe the law treat passive acceptance as consent.
 

9. 

In the crime of rape, the utmost resistance standard refers to the rule which specifies that a woman must resist her attacker to the extent that it is reasonable under the circumstances.
 

10. 

According to the reasonable resistance standard in rape law, resistance is measured by the totality of the circumstances in individual cases.
 

11. 

The extrinsic force standard in rape, requires that the offender use only the amount of force necessary to accomplish the penetration.
 

12. 

In rape, actual force is required to satisfy the force requirement.
 

13. 

According to the law of rape, the prosecution has to prove beyond a reasonable doubt that the victim didn't consent to sex.
 

14. 

Statutory rape is the forcible rape of a female under the age of consent.
 

15. 

A battery is an unjustified offensive touching.
 

16. 

False imprisonment is a specific intent crime.
 

17. 

According to the modern law of burglary, landlords cannot burglarize their tenants' apartments.
 

18. 

Today, most states retain the requirement that burglaries must take place at night.
 

19. 

In burglary, the prosecution has to prove two mens rea elements.
 

20. 

In burglary, completing the intended crime is an element of burglary.
 

21. 

Arson kills hundreds of people annually.
 

22. 

According to the Model Penal Code's definition, burning includes explosions.
 

23. 

Most arson statutes are graded according to motive.
 

24. 

The arson actus reus in most modern statutes requires setting a fire that totally destroys a structure.
 

25. 

Common law arson was aimed at the protection of persons.
 

Multiple Choice
Identify the letter of the choice that best completes the statement or answers the question.
 

26. 

The degrees of murder and types of manslaughter are determined according to which of the following elements?

I.
mens rea
II.
actus reus
III.
special circumstances
IV.
method used to inflict death
a.
I,II,III,IV
b.
I,II,III
c.
I,II
d.
I,II,IV
 

27. 

In the early development of the law of criminal homicide, the division between murder and manslaughter depended upon
a.
actus reus
b.
the means used to kill
c.
special circumstances
d.
mens rea
 

28. 

Under common law, the killing of a human being either by accident or insanity is
a.
criminal homicide
b.
excusable homicide
c.
involuntary homicide
d.
justifiable homicide
 

29. 

Criminal homicide is
a.
one committed by a previously convicted criminal
b.
one committed by an adjudicated felon
c.
all homicides which are neither justified nor excused
d.
where one criminal is responsible for the death of a criminal accomplice which occurs during the commission of a crime
 

30. 

Fetal death statutes address killing fetuses
a.
through any abortions
b.
through illegal abortions
c.
with or without the mother's consent
d.
without the mother's consent
 

31. 

Concerning laws which criminalize causing the death of unborn human beings, in State v. Merrill (the killing of a woman and her 28-day-old embryo) the court took the position that:
a.
the legislature can constitutionally define as murder the killing of an embryo newly conceived
b.
to hold that life begins at conception for homicide law and that it begins in the third trimester for abortion law is unconstitutional
c.
such laws violate the common law rule that life begins at birth, so they are unconstitutional
d.
the legislature can constitutionally define as manslaughter, but not murder, the killing of an embryo newly conceived
 

32. 

In State v. Merrill (the killing of a woman and her 28-day-old embryo) the court ruled that defendant's reliance on Roe v. Wade
a.
would absolve defendant of guilt because Roe v. Wade held that a nonviable fetus is not a person, therefore defendant cannot be convicted of killing the nonviable embryo
b.
was inappropriate because Roe v. Wade was a civil case, while State v. Merrill was a criminal case
c.
would not absolve defendant of guilt because the interest of a criminal assailant in terminating a woman's pregnancy does not outweigh the woman's right to continue the pregnancy
d.
would only be appropriate if the defendant was the father of the child
 

33. 

Which of the following acts are criminal homicide?

I.
to stop artificial support for a person who has suffered irreversible cessation of all brain functions
II.
killing a worthless person
III.
killing a dying person
IV.
accelerating a terminally ill persons death
a.
I,II,III,IV
b.
I,II,III
c.
II,III,IV
d.
II,III
 

34. 

The court in People v. Eulo (shooting victim taken off life support) noted that, in New York, the definition of death
a.
is specified in the statute as the cessation of the heartbeat
b.
is specified in the statute as the cessation of breathing
c.
is specified in the statute as the cessation of brain function ("brain death")
d.
is not specified in the statute and therefore was left to the court to define
 

35. 

Which of the following killings involve factual cause?

I.
a victim was so stunned from being beaten that he stumbled in front of a speeding car and was killed
II.
a man who was beaten and taken to a hospital in a delirious state, pulled out his life support system and died.
III.
a victim is shot in the head by the offender and dies
IV.
a father exposes his helpless child to freezing temperatures and she dies from the exposure
a.
I,II,III,IV
b.
I,II
c.
II,III,IV
d.
III
 

36. 

According to the "year and a day rule" for criminal homicide
a.
a person accused of criminal homicide must be convicted of the crime within one year and one day following formal accusation or be released
b.
a person cannot be held criminally responsible for a homicide unless formal prosecution is initiated within one year and one day following the offense
c.
any appeal of a conviction must be filed within one year and a day of the guilty verdict
d.
no death occurring more than one year and one day following the homicidal act is criminal homicide
 

37. 

The "year and a day rule" concerns which of the following elements of criminal homicide?
a.
causation
b.
mens rea
c.
actus reus
d.
concurrence
 

38. 

Considering the "year and a day rule," the court ruled in State v. Minster (where the victim lingered as a quadriplegic for more than a year before dying) that
a.
medical advances necessitated rejection of the "year and a day rule" by the court
b.
the "year and a day rule" is henceforth extended to five years
c.
the common law "year and a day rule" stands unless legislatively changed
d.
the "year and a day rule" is changed from an irrebuttable presumption to a rebuttable one
 

39. 

Which of the following mental states are involved in the term "express or implied malice aforethought?"

I.
intent to kill
II.
intent to resist arrest by force
III.
intent to inflict serious bodily injury
IV.
intent to commit a dangerous felony
a.
I,II,III,IV
b.
I,III
c.
II,IV
d.
I
 

40. 

The first state to divide murder into degrees was
a.
Massachusetts
b.
Pennsylvania
c.
Virginia
d.
Minnesota
 

41. 

Death resulting from the creation of a greater than reckless risk of death or serious bodily harm is know as
a.
negligent homicide
b.
"depraved heart" murder
c.
involuntary manslaughter
d.
felony murder
 

42. 

Second degree murder

I.
includes all deaths caused by intentional killings that are not premeditated
II.
is more serious than first degree murder
III.
is more common than first degree murder
IV.
includes all deaths caused by intentional killings that are not justifies and excused
a.
I,II,III,IV
b.
I,IV
c.
I,III,IV
d.
I
 

43. 

As illustrated in People v. Thomas (beating death of 19 year old catatonic schizophrenic), for second degree murder
a.
recklessness on the part of the offender must be shown
b.
circumstantial evidence must be corroborated by direct evidence
c.
malice must be inferred from the defendant's actions
d.
an actual rather than an implied intent to kill must be shown
 

44. 

The fact that the victim's parents gave the defendant in People v. Thomas (beating death of 19-year-old catatonic schizophrenic) permission to discipline the victim
a.
had no effect on defendant's culpability
b.
was a defense to the homicide charges
c.
mitigated the defendant's punishment
d.
proved that defendant lacked malice aforethought
 

45. 

Felony murder
a.
requires premeditation associated with the act of killing
b.
is restricted to homicides committed by the felon charged with the murder
c.
is a form of negligent homicide
d.
can occur during the attempted commission of certain felonies
 

46. 

Killing someone you didn't mean to kill while committing certain felonies is
a.
depraved heart murder
b.
negligent homicide
c.
reckless murder
d.
felony murder
 

47. 

Felony murder

I.
requires the intent to kill
II.
requires the intent to inflict serious bodily harm
III.
requires the intent to commit the felony
IV.
requires the intent to injure the victim
a.
I,II,III,IV
b.
I,II,III
c.
I,II
d.
III
 

48. 

Research has shown that the felony murder rule
a.
does not deter dangerous felons
b.
reduces the number of deaths during the commission of felonies
c.
prevents would-be felons from committing felonies that can lead to death
d.
none of the above
 

49. 

In State v. Stewart, the court held that the mother who allowed her newborn baby to die of neglect while the defendant was on a cocaine binge
a.
was not guilty by reason of temporary insanity caused by the cocaine
b.
did not commit an inherently dangerous felony in neglecting her child and, therefore, was not guilty of felony murder
c.
was guilty of felony murder, having committed an underlying felony
d.
lacked intent and was, therefore, not guilty of felony murder
 

50. 

At common law
a.
manslaughter was created by judges
b.
all manslaughter crimes were treated alike
c.
manslaughter was an ancient common law crime
d.
all of the above
 

51. 

The adequate provocation rule
a.
is the basis of self-defense
b.
can reduce manslaughter to assault
c.
can reduce murder to manslaughter
d.
has no effect on the law of homicide
 

52. 

Which of the following are recognized as adequate provocation by the law for voluntary manslaughter?

I.
mutual combat
II.
assault and battery
III.
trespass
IV.
adultery
a.
I,II,III,IV
b.
II,III,IV
c.
I,IV
d.
I,II
 

53. 

Which of the following acts are recognized , by law, as adequate provocation for voluntary manslaughter?
a.
a slap to the face
b.
insulting gestures
c.
an offensive touching
d.
none of the above
 

54. 

The court ruled in State v. Watson (stabbing of a convict in prison) that
a.
sticks and stone may break your bones, but words are not usually adequate provocation to reduce murder to manslaughter
b.
the jealousy caused in the defendant by the homosexual love affair between the decedent and a different convict was the equivalent of the discovery of adultery and thus reduced murder to manslaughter
c.
Watson acted in self-defense
d.
Watson did not know the nature and quality of his act, nor did he know it was wrong
 

55. 

Under common law, the paramour rule resulted in homicides being classified as
a.
second degree murder
b.
voluntary manslaughter
c.
justifiable homicides
d.
involuntary manslaughter
 

56. 

Which of the following are types of involuntary manslaughter?
a.
criminal reckless manslaughter
b.
criminal negligence manslaughter
c.
unlawful act manslaughter
d.
all of the above
 

57. 

Misdemeanor manslaughter is usually a form of
a.
involuntary manslaughter
b.
excusable homicide
c.
voluntary manslaughter
d.
passion killing
 

58. 

The current trend in unlawful act involuntary manslaughter statutes is
a.
to abolish them
b.
to expand their scope to include more misdemeanors
c.
to increase penalties for these crimes
d.
to elevate them to voluntary manslaughter
 

59. 

Which of the following fundamental values in a free society are threatened by crimes against persons?
a.
life, liberty and the pursuit of happiness
b.
liberty, equality and fraternity
c.
life, liberty and privacy
d.
freedom from want and freedom from fear
 

60. 

Criminal sexual conduct, unlike all other crimes against persons, need not include severe physical injury to be considered serious because
a.
only females can be victims
b.
criminal sexual conduct violates intimacy in a way that physical injury does not
c.
sex crimes are strict liability violations
d.
sex crimes can lead to the spread of HIV/AIDS
 

61. 

Kidnapping and false imprisonment threaten which fundamental values in a free society?
a.
liberty and privacy
b.
life, liberty and privacy
c.
freedom from fear and freedom from want
d.
liberty, equality and fraternity
 

62. 

Common law defined rape as requiring "carnal knowledge," meaning
a.
fellatio
b.
offensive touching
c.
sexual battering
d.
sexual intercourse
 

63. 

In a survey of unreported rapes, what percentage of women indicated that they were raped by men they knew?
a.
10%
b.
30%
c.
50%
d.
80%
 

64. 

In common-law rape, a man
a.
could rape women, girls, or other men and boys
b.
could rape women, girls and boys, but not other men
c.
could only rape a female who was not his wife
d.
could rape women or other men only; rape of boys or girls was considered common-law child abuse
 

65. 

Which of the following crimes, where lack of consent is an element, treats passive acceptance as consent?
a.
robbery
b.
burglary
c.
rape
d.
all of the above
 

66. 

Until the 1950s, the law of rape
a.
did not require women to show that they resisted sexual penetration
b.
required women to show that they had used all the power at their command to resist sexual penetration
c.
did not involve the issue of resistance
d.
required women to show reasonable resistance under the circumstances
 

67. 

In common-law rape, which of the following women did not have to prove that they resisted to the utmost to prove lack of consent to sexual relations?
a.
prostitutes
b.
women incapacitated by intoxication
c.
girl friends of the rapists
d.
nuns
 

68. 

Under the utmost resistance standard, which of the following acts were considered rape?

I.
intercourse with a women who was incapacitated by intoxication and did not resist
II.
sexual intercourse with a minor who consented and did nor resist
III.
intercourse with a women who was incapacitated by insanity and did not resist
IV.
sexual penetration where the consent for intercourse was obtained by fraud
a.
I,II,III,IV
b.
I,II,III
c.
I,II
d.
II
 

69. 

According to the reasonable resistance standard in rape law, resistance is measured by:
a.
the strength of the attacker
b.
the strength of the victim
c.
whether or not the victim was protecting her virginity
d.
the totality of the circumstances in individual cases
 

70. 

Rape shield statutes
a.
make it forcible rape to have intercourse with a female under the age of consent
b.
prohibit introducing evidence of victims' past sexual conduct in rape trials
c.
prohibit women from consenting to violent sexual conduct
d.
eliminate consent as a defense to rape.
 

71. 

Modern criminal sexual conduct statutes

I.
have replaced rape statutes
II.
have created a lesser offense of criminal sexual contact that falls short of penetration
III.
make sex offenses gender neutral
IV.
include all sexual penetrations; vaginal, anal and oral
a.
I,II,III,IV
b.
I,II,III
c.
I,IV
d.
I
 

72. 

The mens rea of most modern rape statutes is
a.
specific intent
b.
general intent
c.
recklessness
d.
all of the above
 

73. 

Which of the following are elements of the actus reus of modern rape statutes?

I.
sexual penetration
II.
use of a weapon
III.
use of force
IV.
threat of force
a.
I,II,III,IV
b.
I,II,III
c.
I,III,IV
d.
I
 

74. 

The standard, used to determine whether penetration in rape was accomplished by force, which requires only the amount of force necessary to accomplish the penetration is
a.
the extrinsic force standard
b.
the manifest force standard
c.
the minimum force standard
d.
the intrinsic force standard
 

75. 

In State in the Interest of M.T.S., (teenage boy has sex with sleeping teenage girl) the New Jersey court defined the "physical force" used in a charge of sexual assault as
a.
any amount of sexual touching brought about involuntarily
b.
force used to overcome a lack of consent
c.
only such force as is usually needed to perform intercourse, where there is also a lack of consent
d.
force against the victim, however slight
 

76. 

Concerning the element of non consent in the law of rape
a.
the defendant must prove beyond a reasonable doubt that the victim consented to the sexual intercourse
b.
non consent almost never arises as a defense to rape
c.
consent can be indicated by actions and not words
d.
all of the above
 

77. 

Concerning statutory rape

I.
non consent is an element of the crime
II.
statutory rape is a strict liability crime
III.
statutory rapists must use force
IV.
consent is a defense
a.
I,II,III,IV
b.
I,III,IV
c.
II,IV
d.
II
 

78. 

In Garnett v. State, the Maryland case of a 20-year-old retarded man having consensual sex with a 13 year old girl, the court ruled
a.
that in Maryland, statutory rape is a strict liability crime
b.
that statutory rape must be witnessed and corroborated by a third person
c.
that reasonable mistake as to the age of the victim is a defense
d.
that mentally retarded persons cannot form the intent necessary for statutory rape
 

79. 

The forbidden act in battery is:
a.
intentionally scaring another person
b.
an offensive touching
c.
moving toward a person in a threatening manner
d.
verbally abusing another person
 

80. 

The battery actus reus includes
a.
only serious injury
b.
the threat to injure with a weapon
c.
unjustified offensive touching
d.
any threat to injure
 

81. 

Under existing law, the mens rea of battery includes
a.
intentional contacts
b.
reckless contacts
c.
negligent contacts
d.
all of the above
 

82. 

Regarding the harm in battery, the Model Penal Code
a.
requires no injury
b.
requires at least some bodily injury
c.
does not mention injury
d.
includes frightening victims
 

83. 

The harm in assault requires
a.
serious physical injury
b.
at least some physical injury
c.
no physical injury
d.
offensive touching
 

84. 

An attempted battery in which no actual battery or physical injury resulted is classified as
a.
menacing
b.
assault
c.
non-criminal
d.
attempted assault
 

85. 

In threatened battery assault

I.
the intent to actually physically injure the victim is required
II.
victims need not be aware of the threat
III.
threatening gestures must accompany the threatening words
IV.
conditional threats aren't enough for criminal liability
a.
I,II,III,IV
b.
I,II,III
c.
III,IV
d.
I,IV
 

86. 

In Commonwealth v. Sexton, (defendant pounds victim's head into the pavement for insulting defendant's wife) the Court ruled that
a.
the victim's insult to the defendant's wife was adequate provocation to reduce the charge of battery to one of common law assault.
b.
the defendant was not guilty of battery, since he had no weapon in his hand
c.
the pavement, even though stationary, could still be considered a dangerous weapon in the law of battery
d.
since the combat was consensual and mutual, there was no criminal battery
 

87. 

When an assault is defined as intentionally placing another person in fear of a battery, the prosecution must prove that
a.
the defendant had the capability of harming the victim
b.
the defendant intended to cause serious bodily harm to the victim
c.
the victim experienced apprehension of immediate bodily harm
d.
the victim was almost physically harmed
 

88. 

Under common law, which of the following was a misdemeanor
a.
assault
b.
attempted assault
c.
forcible rape
d.
statutory rape
 

89. 

The intent usually required for the crime of false imprisonment is
a.
mere criminal negligence
b.
at least recklessness
c.
the intent to restrain or confine the other person
d.
nothing - false imprisonment is a strict liability offense
 

90. 

In the 1930's, harsh penalties were added to kidnapping statutes following:
a.
the conviction of multiple rapist Caryl Chessman
b.
the kidnapping and murder of the Lindbergh baby
c.
the kidnapping of the Hearst newspaper heiress
d.
the kidnapping of Jewish children by the Nazis in Germany
 

91. 

The asportation element in kidnapping refers to
a.
confining the victim in a secret place
b.
confining the victim by use of deadly force
c.
moving the victim from one place to another
d.
frightening the victim into compliance
 

92. 

Like false imprisonment, kidnapping is
a.
a crime against custody
b.
a crime against personal liberty
c.
a crime against possession
d.
a crime against one's bodily integrity
 

93. 

A critical distinction between false imprisonment and kidnapping is
a.
the confining of victims
b.
the use of force or threat of force
c.
the delivery of a ransom note
d.
the carrying away, or asportation, of victims
 

94. 

Although the kidnapping statute in People v. Allen (defendant backs stolen car out of driveway with someone else's child still in the back seat) called for moving the victim "a substantial distance" before there can be a conviction, the court ruled that
a.
the failure of the statute to specify an exact number of feet which would be considered "substantial" rendered the statute void for vagueness
b.
the conflict of testimony as to the distance the victim was actually moved raised a reasonable doubt in favor of the defendant which should acquit him of the kidnapping charge
c.
the character of the movement of the victim, given the facts and circumstance of the crime as it is happening, will determine if the movement was substantial
d.
the shortest distance the court will accept for this statute is a full city block
 

95. 

The most common circumstances which aggravate a simple kidnapping to an aggravated kidnapping include
a.
kidnapping for ransom
b.
robbing the victim
c.
obtaining a hostage
d.
all of the above
 

96. 

In State v. McLaughlin (private security man tried to snatch client's children), the appellate court upheld the conviction for child abduction because removing the children
a.
could only have been legally done by the children's mother
b.
was without the consent of the legal guardian, the father
c.
would have been done without the informed consent of the children
d.
could only have been legally done with the permission of school authorities
 

97. 

As illustrated in State v. McLaughlin (child abduction from school lunch line), for an abduction to constitute criminal child abduction, the child must be removed:
a.
from the custody of one who has lawful custody of the child
b.
by force or threat of force
c.
from the custody of the child's natural parent
d.
and hidden from the child's parent(s)
 

98. 

Two common law felonies, burglary and arson, were created to protect
a.
people's lives
b.
people's property
c.
where people live
d.
people's privacy
 

99. 

Common law arson laws guarded against
a.
any deliberate burning of any property
b.
maliciously and willfully burning another person's home
c.
deliberate and accidental burnings
d.
burning for the express purpose of collecting insurance
 

100. 

Which of the following was a material element in common law burglary?
a.
daytime entry
b.
surreptitious remaining
c.
entry into a dwelling
d.
entry while armed with a deadly weapon
 

101. 

Which of the following were elements of common law burglary?

I.
entry at any time
II.
breaking and entering
III.
entry into a dwelling
IV.
having the purpose of committing a felony inside
a.
I,II,III,IV
b.
I,II,III
c.
II,III,IV
d.
II,IV
 

102. 

The definition of burglary
a.
has varied greatly over the centuries
b.
has remained stable over the centuries
c.
has remained stable over the last 100 years
d.
none of the above
 

103. 

Which of the following are elements of modern burglary?

I.
breaking and entering
II.
simply remaining in homes without permission
III.
occurring during the day
IV.
entering with the intent to commit a felony
a.
I,II,III,IV
b.
I,IV
c.
II,III,IV
d.
I,III
 

104. 

Which of the following is an actual, as opposed to a constructive, breaking as required for burglary?
a.
pushing open an unlatched door
b.
convincing a person inside the house to open the door because of a threat
c.
having a conspirator inside a house open the door
d.
creating an opening through fraud
 

105. 

Which of the following is a "constructive breaking" in the context of the law of burglary?
a.
knocking on a door and when the owner opens it, rushing through
b.
pushing open an unlocked, but closed, door
c.
picking a lock and opening a door
d.
breaking a windowpane and opening the window
 

106. 

A person who enters a K-Mart store when it is open and remains inside after closing to steal merchandise has committed
a.
unprivileged entry
b.
constructive entry
c.
surreptitious remaining
d.
circumstantial entry
 

107. 

Which of the following would qualify as "structures" under modern burglary statutes?

I.
an automobile
II.
a house
III.
an apartment
IV.
a barn
a.
I,II,III,IV
b.
II,III,IV
c.
II,III
d.
II
 

108. 

Which of the following would qualify as a "structure" under the Model Penal Code's burglary provision?

I.
a motor home used by vacationers
II.
a tent used by campers
III.
an occupied apartment
IV.
a barn used strictly for animals
a.
I,II,III,IV
b.
I,II,III
c.
III,IV
d.
III
 

109. 

In Jewell v. State, the court ruled that
a.
since the defendant had "sweat equity" in the house, he was actually breaking into his own house and could not be convicted of burglary
b.
since the defendant and his wife were still legally married, he had a right equal to hers to be in the house and his breaking in after she changed the locks was, therefore, not burglary
c.
the wife was in control of the premises, so the defendant's entry was unauthorized
d.
since the defendant was sharing expenses on an apartment with a friend, he gave up all rights to the marital home
 

110. 

The burglary mens rea requires
a.
the general intent to break and enter only
b.
the specific intent to commit a crime inside a structure only
c.
both the intent to commit the actus reus and the specific intent to commit a crime once inside
d.
nothing; it is a strict liability offense
 

111. 

Burglary is
a.
a general intent crime
b.
a negligence crime
c.
a specific intent crime
d.
a reckless crime
 

112. 

Justin breaks into Jordan's apartment with the intent to steal Jordan's computer. Once Justin is inside, Jordan's attack poodle barks and frightens Justin who leaves without having taken anything. Justin has committed:
a.
no crime
b.
trespass only
c.
attempted burglary
d.
burglary
 

113. 

The crime of burglary is complete
a.
once the intended crime within (rape, murder, theft) is also completed
b.
once the burglar leaves the premises after committing the crime within
c.
at the moment of intrusion, assuming that the suspect intends to commit a crime within
d.
once the suspect first formulates his mens rea
 

114. 

Under modern burglary statutes completing the intended crime
a.
is an element of the crime of burglary
b.
is a necessary actus reus
c.
is evidence of mens rea
d.
all of the above
 

115. 

Burglary is aimed at protecting
a.
mainly homes and, to a lesser degree, persons
b.
exclusively property
c.
homes, persons, and property
d.
mainly persons and to a lesser extent property
 

116. 

The arson actus reus in most modern statutes requires
a.
setting a fire that totally destroys a structure
b.
setting a fire to a structure that results in actual burning, however slight
c.
setting a fire
d.
setting a fire that totally destroys a home, for the purpose of collecting insurance
 

117. 

Arson statutes today typically
a.
do not consider as arson explosions without fires
b.
define arson as a serious felony
c.
require that the target of the fire be an inhabited building
d.
require the intent to defraud an insurance company
 

118. 

At common law, arson's "burning" meant
a.
burning with an accelerant, such as kerosene or gasoline
b.
actually setting on fire
c.
burning a structure to the ground
d.
burning with the intent to defraud an insurance company
 

119. 

Under the Model Penal Code's definition of arson, burning includes

I.
burning by fire
II.
explosions
III.
just starting a fire
IV.
burning to the ground
a.
I,II,III,IV
b.
I,III,IV
c.
I,IV
d.
I
 

120. 

According to the court in Williams v. State, (man sets laundry on fire during a party)
a.
the phrase "sets on fire" in the arson statute means actual burning and is synonymous with the word "burn"
b.
smoke damage and soot on the basement walls were enough to support an arson conviction
c.
burning is not required in arson
d.
the statute requires that a house burn to the ground in first-degree arson
 

121. 

At common law, the mens rea required for arson was
a.
malicious and willful action
b.
acting knowing that damage would result
c.
acting in order to cause fire damage
d.
nothing; arson was strict liability
 

122. 

The Model Penal Code divides arson into two degrees
a.
based upon the amount of damage done by fire
b.
depending whether or not the defendant used a dangerous substance (such as gasoline or dynamite) to set the fire
c.
based upon the blameworthiness of the actor
d.
depending upon the presence or absence of human fire victims
 

123. 

Persons who set buildings on fire for the thrill of it are known as
a.
professional torches
b.
pyromaniacs
c.
psychotics
d.
third degree arsonists
 

124. 

Modern burglary and arson laws
a.
are narrower than the early common law offenses
b.
are about the same in scope as they were under common law
c.
have grown far beyond their common law origins
d.
bear no resemblance to their common law cousins
 

125. 

Under common law, burning one's own home
a.
was third-degree arson
b.
was second-degree arson
c.
was first-degree arson
d.
was not arson
 

Completion
Complete each sentence or statement.
 

126. 

The ___ of criminal homicide requires the killing of another live human being.
 

 

127. 

____ degree murder is a catchall that includes all homicides that are not first degree murders or Manslaughter.
 

 

128. 

The "year and a day rule" concerns the __________ element of criminal homicide.
 

 

129. 

_____ murder is the killing of another person by especially brutal or cruel acts.
 

 

130. 

Killing someone you didn't mean to kill while committing a felony is called _____.
 

 

131. 

______ manslaughter is the intentional killing of another human being under extenuating circumstances.
 

 

132. 

____ is both a violent crime and a sexual violation.
 

 

133. 

The crime which stands only slightly below murder in both public recognition and law as the most serious against a person is __________.
 

 

134. 

Rape involving dates, lovers, neighbors, co-workers and so on is called ______.
 

 

135. 

_____ statutes prohibit introducing evidence of victims past sexual conduct in rape trials.
 

 

136. 

Sexual relations by an adult with a female under the age of consent is __________ .
 

 

137. 

Most statutes divide rape into two degrees, simple and ________.
 

 

138. 

The harm in common-law assault requires __________ physical injury.
 

 

139. 

A/an _________ is an unjustified offensive touching.
 

 

140. 

Unlawfully confining or restraining the liberty or freedom of movement of another with intent and without the consent of the victim is __________.
 

 

141. 

False imprisonment is a _______ intent crime.
 

 

142. 

_______ is essentially an aggravated form of false imprisonment.
 

 

143. 

The asportation element in kidnapping refers to __________ the victim.
 

 

144. 

At common law, a burglary had to occur during the ______.
 

 

145. 

Entering structures in an unusual manner, such as through a chimney, is called ____ breaking.
 

 

146. 

"Surreptitious remaining" in a department store after closing hours satisfies the __________ element in burglary.
 

 

147. 

Burglary is a _______ intent crime.
 

 

148. 

In grading burglary, burglary punishes the ______ not the predicate crime.
 

 

149. 

The common law mens rea of arson required that arsonists ____ and ____ set fire to buildings.
 

 

150. 

Persons who set buildings on fire for the thrill of it are known as __________.
 

 



 
Check Your Work     Reset Help