Question

Alex axes Betty to death believing she is a tree trunk that he is splitting for firewood.

A. Alex has committed the crime of murder.
B. Alex has committed the crime of involuntary manslaughter.
C. In most states, Alex would be found not guilty by reason of insanity.
D. Alex would probably not meet the definition of insanity under the ALI Model Penal Code.
E. Alex will be executed.




2. Big Bucks, Inc. has been convicted of bribing public officials. It is now about to be sentenced for the crime. Possible sentences include


A. putting the president of the corporation in jail.
B. putting the corporate shareholders in jail.
C. fining the corporation.
D. A corporation cannot commit a crime.
E. all of the above.




3. Self defense will not protect you from criminal prosecution if you


A. shoot a man who is about to stab you with a knife.
B. hit a man who is pushing you off the bus.
C. shoot a man who is holding a realistic looking cap pistol at your head.
D. shoot a man who is about to spray you with a water hose.
E. shoot a man who is attacking your spouse with a knife.



4. Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets a chance to put the plan into action. In cleaning out his desk, Sue finds his plans. Mark is


A. guilty of a crime because he intended to carry it out.
B. guilty of a crime because he had a "guilty mind."
C. not guilty because he did not act on his plan.
D. not guilty because he is no longer employed by Sue.
E. guilty of a crime attempt because of evil motive.




5. Jack broke into the Acme Liquor Store. He took $600 in cash. The police arrested him and he was convicted for this crime. The penalty imposed by the law for this criminal act is ten years in prison. Such a crime is thus most likely classified by the state where Jack committed the crime as


A. a white collar crime.
B. a felony.
C. a misdemeanor.
D. a petty crime.
E. a civil offense.




6. Lisa robs a bank because she believes that if she does not rob the bank she will immediately be shot, because Sax, a felon, is holding a gun to her head. She is


A. guilty of a crime.
B. free because she acted under duress.
C. not guilty by reason of insanity.
D. acting by consent.
E. an accessory before the fact.




7. at common law, John, a five-year old child who had burned a neightbor's home to the ground,

A. would be absolutely liable.
B. would be presumed incompetent. However, state could rebut.
C. would be presumed competent. However, a child could rebut.
D. would have a conclusive presumption in his favor of not having been responsible.
E. would have committed arson.




8. Jim and Jack are college students. To pay their way through college they started selling cocaine. They made six sales over a one-year period. Jim and Jack purchased a pizza parlor with the extra money their drug trading activities generated. Jim and Jack


A. have engaged in a pattern of racketeering activity in violation of the RICO Act.
B. cannot lose their pizza parlor even if it was acquired with funds generated by a pattern of racketeering activity.
C. are not guilty of violating the RICO Act because they were engaged in trafficking narcotics, which is an illegitimate activity.
D. have not engaged in a pattern of racketeering activity because they made only six sales.
E. The sale of drugs is not a racketeering activity. Therefore, they cannot be prosecuted under the RICO Act.




9. In a criminal case if there has been a violation of the Fourth Amendment,


A. the defendant's statements cannot be admitted as evidence.
B. the defendant's arrest is nullified.
C. the defendant is entitled to another trial.
D. the contraband seized will be returned to the defendant.
E. the defendant will get a medal.




10. A defendant who is indicted will be

A. jailed.
B. tried.
C. arraigned
D. prosecuted.
E. executed.

Answer 1

1: C. In most states, Alex would be found not guilty by reason of insanity.

2: C. fining the corporation.

3: D. shoot a man who is about to spray you with a water hose.

4: C. not guilty because he did not act on his plan.

5: C. a misdemeanor.

6: B. free because she acted under duress.

7: D. would have a conclusive presumption in his favor of not having been responsible.

8: D. have not engaged in a pattern of racketeering activity because they made only six sales.

9: A. the defendant's statements cannot be admitted as evidence.

10: C. arraigned