Define the prosecution had to prove the defendant

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Reference no: EM131649982

1. The possession of an article so detrimental to the welfare of society that its possession is prohibited is called:
a. solicitation.
b. procurement.
c. contraband.
d. status crime.

2. An assault is an attempted:
a. battery.
b. false arrest.
c. false imprisonment.
d. stalking.

3. _______ is the unlawful application of physical force on the person of the victim.
a. Mayhem
b. Stalking
c. Battery
d. Assault

4. A defense that the law requires the defendant to raise and prove is:
a. a reasonable doubt defense.
b. an imperfect defense.
c. an affirmative defense.
d. an unconstitutional defense.

5. Which of the following is not an element of attempt?
a. An assault
b. An overt act
c. Tending toward the commission of a crime
d. Failing to complete the target crime

6. If the results the accused attempted to achieve would not have been a crime even if completed, the correct defense would be:
a. physical impossibility.
b. factual impossibility.
c. legal impossibility.
d. general impossibility.

7. The combining of two or more people to accomplish either and unlawful purpose or a lawful purpose by unlawful means is called a:
a. solicitation.
b. conspiracy.
c. attempt.
d. mala prohibita crime.

8. The criminal liability of one party for the criminal act of another party is known as:
a. misprision of a felony.
b. the plurality requirement.
c. strict liability.
d. vicarious liability.

9. At common law, a person who was actually or constructively present and aided or abetted in the commission of a crime was liable as:
a. a principal in the first degree.
b. a principal in the second degree.
c. an accessory before the fact.
d. an accessory after the fact.

10. Which of the following is NOT an element of assault?
a. Overt conduct
b. An intent
c. Harm
d. Present ability to inflict harm

11. Under the common law, the individual who actually committed the crime was the:
a. principal in the second degree.
b. accessory before the fact.
c. principal in the first degree.
d. accessory after the fact.

12. Under the common law, the individual who aided and abetted in the preparation for the crime, but was not present at the crime scene was the:
a. principal in the first degree.
b. accessory after the fact.
c. accessory before the fact.
d. principal in the second degree.

13. ____________ or the voluntary and complete abandonment of the intent and purpose to commit a criminal offense is a defense to the charge of an attempted crime.
a. Complicity
b. Abandonment
c. Misprison
d. Denial

14. Which of the following refers to the claim that the defendant could not have factually or legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so?
a. Renunciation
b. Legal impossibility
c. Strict liability
d. Abandonment

15. A criminal conspiracy is a(n) _______ to commit an unlawful act.
a. agreement between two or more persons
b. attempt
c. renunciation of two or more persons
d. mere preparation

16. If one is facing an imminent attack from another person, one may defend oneself:
a. once the attacker strikes the first blow.
b. only after retreating.
c. immediately to prevent the attack.
d. without a weapon.

17. A crime may be committed by doing nothing.
a. True
b. False

18. A person always has a legal duty to act to save another whose life is in danger.
a. True
b. False

19. Mens rea is:
a. general intent.
b. specific intent.
c. recklessness.
d. (a) and (b)

20. One who acts, not intending harm, but with complete disregard for the rights and safety of others, causing harm to result, is:
a. reckless.
b. negligent.
c. careless.
d. premeditated.

21. The ____________defense may be raised where a law enforcement officer induces or encourages an otherwise law-abiding person to engage in illegal activity.
a. Compulsion
b. Ignorance of fact
c. Duress
d. Entrapment

22. Which of the following statements regarding mala prohibita offense is true?
a. Only general intent must be proved.
b. Only mens rea need be established.
c. Specific intent must be proved.
d. Proof of intent is generally not required.

23. Specific intent crimes:
a. require proof of general intent to commit a specific crime.
b. are those where the actor desired the prohibited result.
c. are those where the actor demonstrates an evil state of mind.
d. involve a breach of a standard of care.

24. To establish general intent at common law, the prosecution had to prove the defendant:
a. planned to commit the act.
b. breached a standard of care.
c. acted negligently.
d. committed the required act with an evil state of mind.

25. Intrafamily assaults are generally known as:
a. hate crimes.
b. aggravated assaults.
c. domestic violence.
b. aggravated batteries.

26. Hate crimes or bias-motivated crimes are motivated by:
a. hatred against Jews.
b. hatred against gay people.
c. hatred against the victim.
d. hatred against anything different.

27. An act that violently deprives a person of any of his members, renders that person less able to defend him/herself, or that intentionally disfigures the victim is called:
a. aggravated assault.
b. mayhem.
c. aggravated battery.
d. assault with intent to maim.

28. For the defense of ___________the defendant claims he or she had to commit an unlawful act in order to avoid a greater harm.
a. consent
b. defense of others
c. necessity
d. self-defense

29. The defense of necessity is similar to the defense of:
a. self-defense.
b. duress.
c. incapacitation.
d. insanity.

30. The M'Naghten Rule generally applies in the defense of:
a. insanity.
b. alibi.
c. duress.
d. consent.

31. At common law, the only person exempt from prosecution as an accessory after-the-fact was the spouse of the accused.
a. True
b. False

32. At common law, there was always a time limit on prosecuting for the commission of a crime.
a. True
b. False

33. The issue of insanity can arise at any stage in the process of administering justice.
a. True
b. False

34. One need not wait until one is struck by an attacker before the right of self-defense arises.
a. True
b. False

35. Every crime requires some form of act.
a. True
b. False

Reference no: EM131649982

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