Liberty CJUS 400 Test 2 Answers
1. What principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets?
2. Under common law rules, what was required in order to prove the crime of conspiracy?
3. A person asking another to commit murder is guilty of
4. The scope of liability of persons who are a party to a conspiracy or other agreement to do an unlawful act is called
5. Abandonment or withdraw by a conspirator makes the crime
6. The most frequently charged anticipatory offense is that of
7. The purpose of solicitation, conspiracy, and attempt statutes is to
8. Which of the following not an example of a post-crime offense?
9. Evidence of an overt act would provide some assurance that
10. Impossibility is generally not a defense, unless – what is being attempted is not a crime
11. Broadly speaking, actions taken after a crime has been committed is called a(n)
12. A request made to another person to commit a crime is the offense of
13. Blakely v. Washington, S.Ct. (), applied the reasoning of Apprendi to
14. The shortest time a defendant would serve would result from which type of sentence?
15. The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by a
16. The type of sentence where a defendant is ordered to serve two sentences in a row is called a _____ sentence.
17. One medieval limit on capital punishment was called the – benefit of clergy
18. In Booker, the Court held that under the holdings of Apprendi and Blakeley, the Federal Sentencing Guidelines violated the Sixth Amendment’s right to
19. The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation of
20. The Apprendi opinion caused many changes in – sentencing procedures
21. In the Solem v. Helm case, the Supreme Court held the defendant’s sentence to life without parole for passing a “no account” check was
22. Which of the following types of defendants can be given the death penalty?
23. Habitual oﬀender or recidivist statutes that provide for a life sentence after multiple felony convictions are
24. The Eighth Amendment prohibits the imposition of which kind of fines?
25. The explicit right to privacy may be found in the Constitution’s
26. The two forms of defamation are
27. Which of the following type of speech when directed to a police oﬃcer is protected by the First Amendment?
28. The First Amendment protects the freedom of religion, speech, free assembly, the press, and
29. The oﬀense of urging another to commit an unlawful act is
30. The oﬀense of injuring the character or reputation of another by oral or written communication of false statements is
31. Stalking is a crime
32. In determining whether something is obscene, the court will view the material from the point of view of
33. Which of the following is not a way one person might stalk another person?
34. The Second Amendment refers to whose right to keep and bear arms?
35. The crime of inciting occurs when speech or communication urges
36. Which of the following are forms of speech that are NOT protected by the First Amendment?
37. The Latin term meaning the body or substance of the crime (proof that a crime has been committed) is
38. Under the common law, the killing of a fetus was
39. Under the doctrine of transferred intent, the intention formed by the perpetrator of a homicide as to an intended victim is “transferred” to the killing of
40. If it appears the victim may have provoked the killing, the defendant will likely be charged with
41. When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death was due to an unlawful act
42. A person who kills another during the course of committing a felony, even if the killing is accidental, is guilty of
43. In those states that still have the born alive requirement, a fetus must be born “alive” before its death can be
44. Which of the following requirements is NOT included in those generally required by courts to reduce murder to manslaughter?
45. Corpus delicti means the
46. The crime commonly charged when the victim causes the defendant to become enraged to the point of losing normal self‑control and killing, is
47. Under the old common law
48. If the body of the murder victim is never found, the defendant
49. Which of the following is almost never suﬃcient provocation to reduce a charge of murder to that of manslaughter?
50. Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed.
51. A conspiracy to commit an unlawful act is known as a/an
52. In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has
53. In order for an action to be considered a post-crime offense, there must be
54. Punishment for the consequences of accidents is permissible if
55. The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation of
56. Inflicting deadly injury as a punishment for criminal oﬀenses is called
57. In Apprendi, the Court held that any fact that increases the penalty for the crime charged must be submitted to the jury and proved
58. In a public school, any excessive, unreasonable corporal punishment which would shock the conscience would be a violation of
59. In Ring v. Arizona, U.S. (), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstances present
60. Seizure of the property that was used to commit a crime is the definition of
61. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment is
62. In Ingraham v. Wright, the Supreme Court considered the relationship between the cruel and unusual punishment clause and the use of corporal punishment in
63. In the case of Furman v. Georgia, death penalty laws in all states were struck down as
64. The oﬀense of inciting occurs
65. Public use of vulgar, profane, or indecent language or signs – violates the
66. Loud, obnoxious or otherwise oﬀensive conduct in a public place is called
67. A serious expression of the intent to inflict bodily harm is the definition of
68. One test for when government can ban speech because of its potential for harm is the
69. Insulting or abusive language is an example of what type of speech?
70. City governments can regulate all of the following types of noise or speech except
71. Which of the following is NOT one of the guidelines for American courts to define obscenity established in the case of Miller v. California?
72. Statements or actions that unequivocally convey the message that violent actions will be taken is the definition of
73. Some states have limited the felony murder rule by requiring that the – defendant have
74. In all states, the death of the victim of a listed felony, and a third person killed by the felon, constitute
75. When extreme negligence or wanton or reckless conduct on the part of the defendant brings about an unintended death, the charge will most likely be
76. If there is an interval between the act provoking the killer and the killing, the jury will
77. The State of Oregon has the power to determine what conduct is criminal in that state
78. A person who kills another during the course of committing a felony, even if the killing is accidental, is guilty of
79. Most states have – retained some form of the felony murder rule
80. Depraved‑mind murder
81. Attempting to receive stolen goods that were not stolen would be an example of which kind of impossibility?
82. Under common law rules, what was required in order to prove the crime of conspiracy?
83. What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?
84. Which of the following not an example of a postcrime offense?
85. Attempting to pick an empty pocket would be an example of which kind of impossibility?
86. A person who provides assistance to another who commits the crime is called
87. In order for an action to be considered a postcrime offense, the action must
88. “A person who is a party to an agreement to commit an unlawful act.” This is the definition of which of the following terms?
89. All participants in a conspiracy or common plan to commit a crime are guilty of any act of another participant as long as that act is deemed a/an _____ of the intended crime.
90. The Wharton Rule requires that crimes needing more than one person for commission, such as bigamy, require how many people for a conspiracy conviction?
91. Based upon the Court’s decision in Lockyer v. Andrade, “threestrikes” laws may
92. All states and the federal government have some type of sentence _____ statutes which typically increase the penalty if the crime was deemed a hate crime or the victim was elderly or handicapped.
93. The Federal Sentencing Guidelines are
94. The laws popularly called “three strikes and you’re out”
95. In the Middle Ages in England, this was a religious place where criminals could take refuge.
96. Which of the following is NOT characteristic of careercriminal programs?
97. Inflicting nondeadly physical injury as punishment for criminal conduct is the definition of
98. What case established the steps for a proportionality review of a noncapital sentence?
99. Patently offensive sexual material which is not protected by the First Amendment would be
100. The explicit right to privacy may be found in the Constitution’s
101. In District of Columbia v. Heller, S.Ct. the U.S. Supreme Court held that the Second Amendment was a
102. The test used to judge government restrictions on speech is called the
103. Flag and cross burning is an example of what type of speech?
104. According to the U.S. Supreme Court, the following is not protected by the First Amendment freedom of religion clause EXCEPT:
105. A person who lies to federal investigators can be charged under the
106. A state or federal gun control law is likely to
107. The U.S. Supreme Court upheld the Oregon Death with Dignity Law because it reasoned that treating a physician writing a prescription for a mercy killing as “drug abuse” was
108. In those states that still have the born alive requirement, a fetus must be born “alive” before its death can be
109. When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death was due to an unlawful act
110. Which of the following DO NOT require proof of intent to kill?
111. A killer whose gun shot misses the intended victim but kills a bystander can be convicted of the intentional murder of the bystander by use of the doctrine of