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CHAPTER 2
JURISDICTION
MULTIPLE CHOICE
1. As compared to the
power of the states to enact criminal laws,
a.
|
the federal
government has identical authority
|
b.
|
the federal
government has no authority
|
c.
|
the federal
government has more authority
|
d.
|
the federal government has less authority
|
2. In U.S. v.
Lopez, the U.S. Supreme Court held that the federal law controlling guns in
public schools was
a.
|
a valid exercise of
Congressional power to regulate commerce
|
b.
|
beyond the power of Congress
|
c.
|
a violation of due
process
|
d.
|
a valid exercise of
Congressional power to regulate public schools
|
3. Under what system
do the states have the primary responsibility of maintaining public order and
safety within each state?
a.
|
the American system
of federalism
|
b.
|
the American system
of dualism
|
c.
|
the American system
of constitutionalism
|
d.
|
the American system
of commercialism
|
4. What gives the
federal government power to regulate actions by use of criminal laws only if
the actions involve or affect interstate commerce?
a.
|
The Commerce Clause
|
b.
|
International
conventions
|
c.
|
The federal domain
|
d.
|
United States
Treaties
|
5. Which of the
following is not part of the federal domain?
a.
|
all of these are
part of the federal domain
|
b.
|
Puerto Rico
|
c.
|
sea
approaches to the United States
|
d.
|
air approaches to
the United States
|
6. What law permits
federal agencies to assist in locating state fugitives who may have fled from
one state to another?
a.
|
Unlawful Flight
Statute
|
b.
|
Federal Kidnapping
|
c.
|
Interstate
Transportation of Stolen Motor Vehicles
|
d.
|
Uttering of U.S.
Treasury Checks
|
7. What term means to
surrender an accused criminal under the provisions of a treaty or statute by
one authority to another having jurisdiction?
a.
|
extradition
|
b.
|
jurisdiction
|
c.
|
posse comitatus
|
d.
|
martial law
|
8. What is the name
of an agreement between nations on a specific subject, such as piracy at sea?
a.
|
United Nations
Convention
|
b.
|
United Nations
Contract
|
c.
|
United Nations
Coercion
|
d.
|
United Nations
Comitatus
|
9. Where does the
International Criminal Court sit?
a.
|
The Hague
|
b.
|
The United Nations
|
c.
|
Washington DC
|
d.
|
Rome
|
10. The process by
which a person who has fled is forcibly brought back to the jurisdiction of the
court is called
a.
|
transportation
|
b.
|
extradition
|
c.
|
mandatory venue
|
d.
|
compulsive
jurisdiction
|
11. According to the
Tokyo Convention Act of 1967, any nation may try persons for what crime even if
no acts are committed within that country’s boundary or territorial waters?
a.
|
terrorism
|
b.
|
murder
|
c.
|
treason
|
d.
|
piracy
|
12. In 1983, the United
States claimed sovereignty over waters extending how many nautical miles from
the United States and its possessions?
a.
|
50 nautical miles
|
b.
|
100 nautical miles
|
c.
|
200 nautical miles
|
d.
|
400 nautical miles
|
13. International
criminal law is also known as offenses against the
a.
|
world
|
b.
|
planet
|
c.
|
law of nations
|
d.
|
United Nations
|
14. The International
Criminal Court at The Hague has the power to prosecute people accused of
a.
|
murder
|
b.
|
all violent crimes
|
c.
|
offenses which
occur in international waters
|
d.
|
war crimes
|
15. Which of the
following is one of the crimes the federal Mann Act addresses?
a.
|
extortion
|
b.
|
interstate prostitution
|
c.
|
kidnapping
|
d.
|
possession of
stolen property
|
16. What is the name of the federal act that
incorporates the state criminal law of the state surrounding the federal
enclave as the law of the enclave if there is no relevant federal statute?
a.
|
Incorporated Crimes
Act
|
b.
|
Included Crimes Act
|
c.
|
Assimilative Crimes Act
|
d.
|
Autonomous Crimes
Act
|
17. Military
installations and other federally owned and controlled lands within the
boundaries of a state are called federal
a.
|
islands
|
b.
|
territories
|
c.
|
protectorates
|
d.
|
enclaves
|
18. Final authority on
the scope of Indian tribal jurisdiction is held by
a.
|
each individual
tribe
|
b.
|
the American
Congress of Indian Tribes
|
c.
|
Congress
|
d.
|
the President
|
19. How many Indian
tribes does the U.S. currently recognize with some attributes of sovereignty?
a.
|
120
|
b.
|
280
|
c.
|
310
|
d.
|
409
|
20. What is the name of
jurisdiction of the United States over actions within territorial waters of the
U.S., on U.S. ships, or stateless vessels on the high seas?
a.
|
Maritime
jurisdiction
|
b.
|
Vessel jurisdiction
|
c.
|
High Seas jurisdiction
|
d.
|
Oceanic
jurisdiction
|
21. International
conventions and treaties between nations can confer power to what entity to
make criminal laws?
a.
|
the Federal
Government
|
b.
|
Indian Tribal
Courts
|
c.
|
Military Courts
|
d.
|
individual states
within the United States
|
22. Because the states
have the primary responsibility to maintain public order and security in their
state, they have what kind of authority to create criminal law under the police
power of each state?
a.
|
broad
|
b.
|
narrow
|
c.
|
ultimate
|
d.
|
unlimited
|
23. Indian tribes are
generally dependent upon the federal
a.
|
Bureau of Indian Affairs
|
b.
|
Indian Lands
Commission
|
c.
|
Native American
Bureau
|
d.
|
Sovereignty
Commission
|
24. Persons in U.S.
military service are subject to military jurisdiction and the Uniform
a.
|
Military Criminal
code
|
b.
|
Penal Code
|
c.
|
Code of Military Justice
|
d.
|
Military Penal Law
|
25. Should a member of
the U.S. military commit a crime off-base, jurisdiction will be with
a.
|
the state
|
b.
|
U.S. District Court
|
c.
|
military court
|
d.
|
United Nations
|
26. If a member of the
U.S. military serving in another country commits an offense while off duty and
off base, jurisdiction will be
a.
|
only in that
country
|
b.
|
only in military court
|
c.
|
only in the Supreme
Court
|
d.
|
with either the military or that country
|
27. What federal act
forbids the use of federal military forces to enforce civilian laws unless
there is other constitutional or congressional authorization?
a.
|
Martial Law
|
b.
|
Military Law
|
c.
|
Posse Comitatus
|
d.
|
Martial
Jurisdiction
|
28. The U.S. Supreme
Court stated that the term “martial law”
a.
|
has no precise meaning
|
b.
|
is clearly defined
in common law
|
c.
|
is clearly defined
by the military
|
d.
|
is clearly defined
by the President
|
29. People who commit
crimes on federal enclaves can be tried before
a.
|
the state court
|
b.
|
a federal court
|
c.
|
tribal court
|
d.
|
the Supreme Court
|
30. The federal
government does not have inherent police power to create criminal law and is
limited to the powers granted to the federal government in the
a.
|
U.S. Constitution
|
b.
|
Great Writ
|
c.
|
Declaration of
Independence
|
d.
|
U.S. Supreme Court
Guidelines
|
TRUE/FALSE
1. Under the American
system of federalism, the congress has the primary responsibility of
maintaining public order and safety within each state.
2. The Unlawful
Flight Statute permits federal agencies to assist in locating state fugitives
who may have fled from one state to another.
3. Federal enclaves
are federally owned and controlled lands.
4. The Federal
Government owns and controls up to 1/3 of all of the land in the United States
in the form of territories and federal enclaves.
5. Under
international law, more than one country could have jurisdiction over the same
crime.
6. The International
Criminal Court is the world’s first permanent war crimes court.
7. The federal
government has no jurisdiction over offenses involving interstate commerce.
8. Tribal courts have
no power to exercise criminal jurisdiction over Indians who are not members of
that tribe.
9. Military courts
have jurisdiction over members of the Armed Forces who commit crimes while
off-base and off-duty.
10. Americans who
commit crimes in foreign countries are subject to prosecution before U.S. or
military courts, but not foreign courts.
41-42
COMPLETION
1. The government may pass laws only in situations
authorized by the Constitution.
2. Americans who
commit crimes in countries are subject to prosecution before foreign
courts, whether they are military personnel or tourists.
3. Federal enclaves
are federally owned and controlled .
4. The procedure by
which a person who has fled to avoid criminal prosecution is brought back to
the jurisdiction is called ___________.
5. Because of the
statutes giving many nations jurisdictions over crimes, situations could exist
in which a number of nations have _________
jurisdiction.
6. The United States
claims jurisdiction extending __________
nautical miles beyond its shores.
7. When the crew of a
ship or aircraft seizes control against lawful authority, this is the offense
of __________.
8. Crimes committed
in places beyond the of
any state may be prosecuted on the federal level.
9. Persons in U.S.
military service become subject to the Uniform Code of Military ______________.
10. Indian courts have jurisdiction for crimes punished
for not more than one-year imprisonment and/or a $5,000 fine (25 U.S.C. § 1302
(7)).
CHAPTER 3
ESSENTIAL ELEMENTS OF A CRIME
MULTIPLE CHOICE
1. The Latin term actus
reus means
a.
|
strict liability
|
b.
|
guilty act
|
c.
|
guilty mind
|
d.
|
elements of a crime
|
2. The Latin term mens
rea refers to
a.
|
strict liability
|
b.
|
guilty act
|
c.
|
guilty mind
|
d.
|
elements of a crime
|
3. According to the
Model Penal Code, a person who consciously disregards a substantial and
unjustifiable risk that the material element exists or will result from his
conduct, acts
a.
|
purposely
|
b.
|
knowingly
|
c.
|
recklessly
|
d.
|
negligently
|
4. According to the
Model Penal Code, how is a person acting, with respect to a material element of
an offense, when he should be aware of a substantial and unjustifiable risk
that the material element exists or will result from his conduct?
a.
|
purposely
|
b.
|
knowingly
|
c.
|
recklessly
|
d.
|
negligently
|
5. Thinking of
committing a crime without performing a criminal act is
a.
|
never a crime
|
b.
|
a crime in many
states
|
c.
|
a strict liability
crime
|
d.
|
difficult to prove
beyond a reasonable doubt
|
6. Most crimes
require the concurrence of which of the following?
a.
|
act and proximate
cause
|
b.
|
guilty act and guilty mind
|
c.
|
guilty mind and
causation
|
d.
|
act and omission
|
7. To obtain a
conviction, the prosecution has the burden of proving every element of the
crime
a.
|
by a preponderance
of the evidence
|
b.
|
by clear and
convincing evidence
|
c.
|
beyond a reasonable doubt
|
d.
|
beyond a shadow of
a doubt
|
8. Which of the
following terms refers to an individual’s mental state?
a.
|
mens rea
|
b.
|
actus reus
|
c.
|
scienter
|
d.
|
proximate cause
|
9. To find a
defendant guilty of the crime of receiving stolen property, most states
a.
|
do not require
scienter
|
b.
|
require proof the defendant knew the property was stolen
|
c.
|
require proof the
defendant committed the theft
|
d.
|
require proof the
defendant had a motive
|
10. In criminal law,
motive refers to
a.
|
criminal intent
|
b.
|
the defendant’s
mental state while committing the crime
|
c.
|
the reason the defendant committed the crime
|
d.
|
a necessary element
of every crime
|
11. In a criminal
trial, motive
a.
|
is always relevant evidence
|
b.
|
alone, is
sufficient evidence for a conviction
|
c.
|
is required for
conviction
|
d.
|
is the same as
criminal intent
|
12. A strict liability
offense is one without
a.
|
motive
|
b.
|
proximate cause
|
c.
|
criminal intent
|
d.
|
a guilty act
|
13. Strict liability
statutes
a.
|
generally provide
for harsh penalties
|
b.
|
do not require the prosecutor to prove criminal intent
|
c.
|
require a
particular state of mind at the time of the act
|
d.
|
are considered true
crimes
|
14. Which of the
following areas include strict liability crimes?
a.
|
traffic violations
|
b.
|
narcotics laws
|
c.
|
public health laws
|
d.
|
all of these include strict liability crimes
|
15. In many states,
when the age of a minor is an essential element of a crime, as in contributing
to the delinquency of a child, the law
a.
|
requires the
defendant to testify
|
b.
|
allows defendants
to use the victim’s consent as a defense
|
c.
|
contains a scienter
element
|
d.
|
does not allow mistake as to the age of the minor to be used as a
defense
|
16. For crimes in which
a harm has occurred, the state must prove
a.
|
the harm to the
victim occurred immediately
|
b.
|
the defendant’s act was the ordinary and proximate cause of the harm
|
c.
|
both that harm to
the victim occurred immediately, and that the defendant’s act was the ordinary and proximate cause of the harm
|
d.
|
neither that harm
to the victim occurred immediately, nor that the defendant’s act was the ordinary and proximate cause of the harm
|
17. While the
classification system suggested by the Model Penal Code distinguishes between
each level of mental state, the distinction
a.
|
always makes a
difference
|
b.
|
does not always
make a difference
|
c.
|
is never important
|
d.
|
is always important
|
18. The year-and-a-day
murder rule
a.
|
requires the victim
die within a year and a day
|
b.
|
has been abolished or amended in many states
|
c.
|
requires the victim
die within a year and a day, and has
been abolished or amended in many states
|
d.
|
does not require
the victim die within a year and a day, and has not been abolished or amended in many states
|
19. The offense of
carrying an unauthorized concealed weapon requires a showing of
a.
|
actual possession
|
b.
|
constructive possession
|
c.
|
either actual or
constructive possession
|
d.
|
ownership of the
weapon by the defendant
|
20. The mental element
required in possession offenses is generally that of
a.
|
intent or knowledge
|
b.
|
recklessness
|
c.
|
negligence
|
d.
|
no mental element
is required
|
21. The intent
necessary for one or more elements of an offense is:
a.
|
specific intent
|
b.
|
global intent
|
c.
|
mental intent
|
d.
|
knowledgeable intent
|
5
22. The mental purpose
or design to commit a specific act is called:
a.
|
intent
|
b.
|
motive
|
c.
|
recklessness
|
d.
|
negligence
|
23. The cause,
inducement, or reason why an act is committed is called:
a.
|
intent
|
b.
|
motive
|
c.
|
recklessness
|
d.
|
negligence
|
24. Conclusive
presumptions can be unconstitutional under the Due Process Clause because the
presumption allows the prosecution to avoid proving:
a.
|
an element of the
crime charged
|
b.
|
guilt beyond a
reasonable doubt
|
c.
|
motive
|
d.
|
negligence
|
25. Which of the
following is a name given to crimes which require no specific intent?
a.
|
general intent
crimes
|
b.
|
conclusive intent
crimes
|
c.
|
substantive intent
crimes
|
d.
|
reasonable intent crimes
|
26. What is the highest
degree of culpability according to the Model Penal Code?
a.
|
purpose
|
b.
|
knowledge
|
c.
|
recklessness
|
d.
|
negligence
|
27. Which of the
following crimes includes the essential element of knowledge beyond a
reasonable doubt that defendant knew the property was stolen?
a.
|
receiving stolen
property
|
b.
|
robbery
|
c.
|
possession of illegal substances
|
d.
|
homicide
|
28. Which of the
following is seldom made an essential element that must be proved beyond a
reasonable doubt in many crimes?
a.
|
motive
|
b.
|
intent
|
c.
|
guilt
|
d.
|
all of these
answers are essential elements
|
29. Motive can be
important evidence in determining:
a.
|
punishment
|
b.
|
guilty
|
c.
|
recklessness
|
d.
|
negligence
|
30. Which of the
following crimes require specific intent?
a.
|
first-degree murder
|
b.
|
selling alcohol to
an underage person
|
c.
|
distribution of
illegal drugs
|
d.
|
unregistered hand
grenades
|
TRUE/FALSE
1. A party to a crime
could be a person who aids and assists in the commission of the crime.
2. The term mens
rea refers to the harm caused by the defendant’s forbidden act.
3. Not all crimes
require proof that a defendant had a specific intent to achieve a specific end.
4. Motive is an
essential element of most criminal offenses.
5. The motor vehicle
codes of most states contain strict liability statutes.
6. According to the
Model Penal Code, purposeful is a higher degree of culpability than negligent.
7. In the past, the
year-and-a-day rule requires that criminal defendants be charged within that
time frame following the unlawful act.
8. The use of
presumptions in the prosecution’s case never present due process problems.
9. One cannot be
guilty of possession of stolen property if one does not know property is
stolen.
10. Presumptions and
inferences enable a fact finder to conclude that because some facts have been
proved, other facts may be presumed to be true.
COMPLETION
1. Mens rea is the criminal or state of mind.
2. The reason a
person commits a crime is called _________.
3. An offense which
requires no mens rea, such
as speeding, is a strict __________ offense.
4. According to the
Model Penal Code, a person acts __________
when she consciously disregards a substantial and unjustifiable risk.
5. The categories of
culpability from the Model Penal Code include purpose, knowledge, recklessness,
and .
6. Heroin found in an
apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the
apartment.
7. Only rarely is
written evidence of the of a defendant available to the state.
8. A statement of
substantive law that cannot be overcome with evidence showing otherwise is
known as a ______________ presumption.
9. The penalties for liability offenses are usually lighter than
“true” crimes.
10. Proximate cause is
the ordinary and cause of a result.
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