2REVIEWBentley had sexual intercourse with a 13-year-old girl in a state where the age of consent is 16 years of age. At his trial for statutory rape, Bentley’s best defense will probably beA) entrapment.B) infancy.C) duress.D) none of the above
3REVIEW An example of noncriminal homicide is A) felony murder. B) voluntary manslaughter.C) involuntary manslaughter.D) none of the above
4REVIEW Today, suicide is A) a crime. B) not a serious cause of death among teens.C) often treated as a plea for help.D) attempted by most people at some time in their lives.
5REVIEWThe difference between criminal assault and criminal battery is thatA) in assault, the person acts recklessly.B) in battery, the person acts intentionally.C) in assault, there is a threat of physical attack.D) in battery, there is a threat of physical attack.
6REVIEW Sexual assault includes A) stalking. B) rape. C) battery. D) manslaughter.
7REVIEW Felony Murder First Degree Murder Homicide The killing of another person.Ill will; deliberate intent to harm someone.Unlawful killing of a person that is planned in advance and is done with malice.The killing of someone during the commission of certain felonies regardless of intent to kill.The unlawful killing of a person that does not require malice or premeditation, but is the result of a desire to inflict bodily harm.The intentional killing of a person without malice or premeditation resulting from the heat of passion or the diminished mental capacity of the killer.The unintentional killing of a person without malice or premeditation but done during an unlawful act of a lesser nature.C.E.Felony MurderFirst Degree MurderHomicideInvoluntary ManslaughterMaliceSecond Degree MurderVoluntary ManslaughterB.A.F.G.D.
8REVIEW Assault Battery Negligence Negligent homicide Causing death through criminally negligent behaviorThe failure to exercise a reasonable amount of care in either doing or not doing something, resulting from a harm or injury to another personThe deliberate taking of one’s own lifeKilling that is justifiable or excusableAn intentional threat, show of force, or movement that causes a reasonable fear of, or an actual physical contact with, another personAny intentional, unlawful physical contact inflicted on one person by another without consentThe act of following or harassing another person, causing the fear of death or injuryD.AssaultBatteryNegligenceNegligent homicideNoncriminal homicideStalkingSuicideC.G.E.A.B.F.
9REVIEW Acquaintance/date rape Rape Sexual assault Statutory rape Unwelcome sexual contact against another individual committed through the use of force, threat, intimidation, or enabled because the victim is incapacitated due to drugs, alcohol, or mental disabilityUnlawful sexual intercourse; implies lack of consentSexual assault by someone known to the victimThe act of unlawful sexual intercourse by an adult with someone under the age of consent, even if the minor is a willing and voluntary participant in the sexual actAcquaintance/date rapeRapeSexual assaultStatutory rapeC.B.A.D.
11REVIEWThe deliberate and malicious burning of another person’s propertyThe deliberate destruction or defacement of another person’s property; aka malicious mischiefThe unlawful taking of another’s property with the intent to steal itA form of larceny in which a person takes items from a store without paying or intending to payThe crime of attempted shopliftingThe taking of money or property by a person to whom it has been entrustedThe unlawful taking of property from a person’s immediate possession by force or intimidationTaking property illegally through threats of harm (often called blackmail)A.ArsonConcealmentEmbezzlementExtortionLarcenyRobberyShopliftingVandalismH.E.G.B.C.F.D.
12REVIEWBreaking and entering a building with intention of committing a crimeThe act of making a fake document or altering a real one with the intent to commit fraudOffering to someone as genuine a document known to be a fakeReceiving or buying property that is known or reasonably believed to be stolenUnlawful taking of a car by someone who intends only to use it temporarilyA crime in which the perpetrator uses force or intimidation to steal a car from a driverA person who illegally accesses government or corporate computer systemsA.BurglaryCar jackingForgeryHackersReceiving Stolen PropertyUnauthorized use of a vehicleUtteringC.G.E.F.B.D.
13REVIEW Which of the following are ALL crimes against property? A) assault, arson, embezzlement, robberyB) receiving stolen property, burglary, forgery, homicideC) extortion, robbery, battery, larcenyD) larceny, vandalism, burglary, unauthorized use of a motor vehicle
14REVIEW Which of the following is an example of larceny? A) Konrad shoplifts a jacket.B) Karen holds up a jewelry store.C) Karol threatens to beat Grace up if she does not give her $1,000.D) Karl breaks into his neighbor’s house.
15REVIEWMarty set his own home on fire and destroyed it because he wanted to build a new house on the property. He did not try to get insurance proceeds for the loss. Marty has committedA) arson.B) malicious burning.C) vandalism.D) no crime.
16REVIEWConor works in the canteen selling snacks to students during lunch hour. Every day he takes $20 from the cash register. He has committedA) robbery.B) extortion.C) burglary.D) embezzlement.
17REVIEWMaurice used his credit card to order a digital camera. A week later, someone began charging items to Maurice’s credit card with the number they took from the Internet. Maurice is the victim ofA) burglary.B) identify theft.C) embezzlement.D) extortion.
19Reminders in Criminal Law For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that the defendant committed the act in question with the required intentThe government must prove its caseThe defendant is not required to defend himselfHowever, there are numerous defenses that can be used…
20No Crime Has Been Committed Evidence that no crime was committedE.g., carried gun but had permit, wasn’t rape but consensualNo criminal intent was involvedE.g., might have mistakenly taken someone else’s coat=honest and reasonable mistake
21Defendant Did Not Commit the Crime AlibiEvidence that the defendant was somewhere else at the time of the crimeDNA evidence
22Defendant Committed a Criminal Act, but the Act was Excusable or Justifiable Self-defensethe right of a person who is unlawfully attackedcannot use more force than appears reasonably necessarydeadly force can only be used if the person believes there is eminent danger of death or serious bodily harmDefense of propertyreasonably non-deadly forcehowever, some states have “Make My Day laws” which allow for deadly force against unwarranted intrusionDefense of othersuse of reasonable forceyou can use it if the person attacked can claim self-defense
23ReviewMs. George kept a pistol in her home as protection against intruders. One evening, she heard a noise in the den and went to investigate. Upon entering the room, she saw a man stealing her television. The burglar, seeing the gun, ran for the window, but Ms. George fired and killed him before he could escape.In a trial for manslaughter, Ms. George pleaded self-defense. Would you find her guilty?Would your answer be any different if we had a Make My Day Law in GA?
24ReviewCoach Hutto has a legal handgun to protect his home against intruders and against increasing crime in his neighborhood. One night, Takeshi, a 16-year old Japanese exchange student, walks up to Mr. Peter’s driveway looking for a party. Takeshi thinks Hutto is hosting the party and begins yelling and waving his arms. Coach Hutto gets scared, retrieves his handgun, and points it at Takeshi while yelling “Freeze!” Takeshi does not understand English and keeps walking toward Hutto. Thinking he is an intruder, Hutto shoots and kills Takeshi at the front steps of his house.Coach Hutto is charged with first degree murder. Does he have a defense?
25ReviewThe owner of a jewelry store spots a shoplifter stealing an expensive necklace. Can the owner use force to prevent the crime? Is so, how much?
26Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Infancyunder 7, legally incapable of committing a crimeages 7-14 also considered in that category, but has exceptionse.g., 12-yr. old boy was charged with murder of 6 yr. old girl when attempting a wrestling move in “tough on crime” lawIntoxicationso drunk or high they didn’t know what they were doingvoluntary intoxication is generally NOT a defenseexception=if crime requires proof of specific mental statee.g., sometimes can claim that because of drunkenness, a person could not have formed the intention to kill; if the mental state existed before getting drunk, it would not be a defense
27Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Insanitypeople with a mental disorder shouldn’t get convicted if they didn’t know what they were doing or can tell the difference b/n right and wrongonly applies if the person was insane at the time of the crimesome states have abolished the defensePerson must be acquitted if they lack the substantial capacity to appreciate the nature of the act
28Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Entrapmentadmits to criminal act, but claims he/she was induced or persuaded to commit the crime by a law enforcement officerentrapment is NOT just providing the opportunity to commit a crime, but that the defendant would not have committed the crime except for the officerdifficult to prove and cannot be claimed in serious crimes involving serious injury
29Can entrapment be claimed as a valid defense in any of the following cases? Mary, an undercover police officer masquerading as a prostitute, approaches Edward and tells him that she’ll have sex with him in exchange for $50. Edward hands over the money and is arrested.Answer:Maybe, maybe not; was he roaming the streets looking for a prostitute or was he lured into committing a crime
30Can entrapment be claimed as a valid defense in any of the following cases? Jan, a drug dealer, offers to sell drugs to Emilio, an undercover police officer disguised as a drug addict. Emilio buys the drugs and Jan is arrested.Answer:Not entrapment; the police simply provided the opportunity for the sale
31Can entrapment be claimed as a valid defense in any of the following cases? Rashid, an undercover FBI agent, repeatedly offers Sammy a chance to get in on an illegal gambling ring, with the promise that he will win big. After refusing several offers, Sammy, who has no history of gambling but lost his job, finally gives Rashid $200 as a bet. Rashid immediately arrests Sammy.Answer:Entrapment; Sammy has no previous history of gambling and would likely not have entered the gambling ring if not prodded by Rashid
32Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Duressresult of coercion or threat of immediate danger to life or personal safetylacks the ability to exercise free willis not a defense to homicideNecessitycompelled to react to a situation that is unavoidable to protect lifenot a defense in homicide
33REVIEWIf the jury determines that this defense exists, the defendant can still be convicted of some crime.alibiintoxicationinfancyself-defense
34REVIEWLeo has been hospitalized during acute psychotic episodes seven times. While out in the community, he orders food in a restaurant. He feels he is being slighted and even though he knows it is wrong, he pulls out a gun and shoots the cook dead. He is charged with criminal homicide and will be foundnot guilty because he is criminally insane.guilty but mentally ill.guilty and will not have the defense of criminal insanity.not guilty because he lacked criminal intent.
35REVIEWWhen returning from Africa, Mary brings what she believes is ivory into the United States, even though it is illegal to bring ivory into the country. However, the item is really made of plastic. Mary hasA) committed no crime.B) committed a crime because she has criminal intent.C) the defense of diminished capacity.D) the defense of an honest and reasonable mistake.
36REVIEWNicholas is awakened at night by someone stealing his car. He takes his gun and chases the thief in his wife’s car. He shoots at the car and kills the driver. Nicholas isA) not guilty of criminal homicide because of self-defense.B) not guilty of criminal homicide because of defense of property.C) not guilty of criminal homicide because of alibi.D) guilty of criminal homicide and has no defense.
37REVIEWA gang member points a gun at Tran and tells him that if he does not kill a rival gang member, he will kill him. Tran kills the rival gang member and would haveA) no defense.B) the defense of duress.C) the defense of necessity.D) the defense of diminished capacity.
38Review Alibi Duress Entrapment Infancy Insanity defense Intoxication A Latin word meaning “elsewhere;” an excuse or plea that a person was somewhere else at the time a crime was committedThe legal defense of a person considered not yet legally responsible for his or her actionsA state of drunkenness or similar condition created by the use of drugs or alcoholDefense raised by a criminal defendant stating that because of mental disease or defect, the defendant should not be held responsible for the crime committedAn act by law enforcement officials to persuade a person to commit a crimeUnlawful pressure on a person to do something that he or she would not otherwise doA defense to a criminal charge that shows a just or lawful reason for the defendant’s conductA.AlibiDuressEntrapmentInfancyInsanity defenseIntoxicationNecessityD.F.E.C.B.G.