Crij 2364 Exam #2

84 Questions | Total Attempts: 76

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Crij 2364 Exam #2 - Quiz

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Questions and Answers
  • 1. 
    The Law of Complicity is:
    • A. 

      When a criminal event involves three perpetrators

    • B. 

      When one is responsible for the criminal acts of another

    • C. 

      When one is the least blameworthy individual involved in the crime

    • D. 

      When the criminal event involves an accessory during the event

    • E. 

      None of the above

  • 2. 
    Under common law, the Principal in the First Degree:
    • A. 

      Is present at the crime and aids the principal in the third degree and performs the mens rea

    • B. 

      Is the accessory before the fact

    • C. 

      Is the individual who performs the actual criminal act

    • D. 

      Is the aider and abettor of the crime

    • E. 

      Is the person who plans the getaway

  • 3. 
    Under common law, the Accessory Before the Fact:
    • A. 

      Provides post-crime assistance with knowledge that the crime occurred but did not participate in the crime

    • B. 

      Aids and abets the crime but is not present at the crime scene (or provides the weapon or vehicle)

    • C. 

      Is the principal in the first degree

    • D. 

      Is the principal in the second degree

    • E. 

      Does not aid or abet the crime but is present at the crime scene

  • 4. 
    With modern Texas Law of Parties:
    • A. 

      Texas distinguishes between criminal participants

    • B. 

      The focus is on specific mens rea of each party

    • C. 

      Parties are not treated equally but the law focuses on their actual role in the crime

    • D. 

      The focus is on the actus men of the first principal

    • E. 

      None of the above

  • 5. 
    Under Modern Texas Law of Parties:
    • A. 

      The law abolishes the distinctions among participants of a criminal event

    • B. 

      The law focuses on establishing a relationship between the parties of an offense

    • C. 

      All parties who participated in the planning and execution of the offense are treated equally regardless of their actual factual role in the crime

    • D. 

      Culpability is not dependent on the extent of involvement in the crime

    • E. 

      All of the above

  • 6. 
    Under Modern Texas Law of Parties:
    • A. 

      All traditional distinction between accomplishes and principals are abolished

    • B. 

      A party must be a principal and an accomplice to be charged with a crime

    • C. 

      The concern of the law is NOT the degree of blameworthiness but on the degree of participation

    • D. 

      The concern of the law is NOT the degree of participation but on the degree of blameworthiness

    • E. 

      None of the above

  • 7. 
    Vicarious Liability means:
    • A. 

      One person is NOT held liable for the conduct of another person

    • B. 

      One person is held criminally responsible for the conduct of some other person

    • C. 

      The defendant with a culpable mental state causes or aids an innocent or non-responsible person in committing a crime

    • D. 

      B and C

    • E. 

      A and C

  • 8. 
    With Intentional Assistance/Encouragement/Direction and the Mere Presence at a Crime Scene Rule:
    • A. 

      It is true that when there is a legal duty to act, the mere presence at a crime scene is enough for criminal liability to attach

    • B. 

      It is true that the general Texas rule is that mere presence at a crime scene is enough for criminal liability to attach

    • C. 

      It is true that presence at a crime scene where a person is being beaten illegally and encouragement for the beating to continue is enough for criminal liability to attach

    • D. 

      A and C

    • E. 

      B and C

  • 9. 
    Under Texas law, there is:
    • A. 

      No legal duty of a parent to protect their own child from child abuse

    • B. 

      A legal duty of a parent to protect their own child from child abuse

    • C. 

      A law that says the mere presence at a crime scene creates a legal duty of a parent to protect their own child from child abuse

    • D. 

      B and C

    • E. 

      A and B

  • 10. 
    If "X" hires "Y" to commit burglary and during the burglary "Y" commits a murder, "X" could be prosecuted for conspiracy to commit murder:
    • A. 

      True because Texas law says that it is the responsibility of conspirators to anticipate the results of crimes from the conspiracy

    • B. 

      False because Texas law says conspirators are never liable for conspiracy to commit murder

    • C. 

      False because Texas law only has the death penalty for murder

    • D. 

      True because Texas law gives conspirators immunity from crimes of other committed in a conspiracy

    • E. 

      True because Texas law adheres to the common law rule under the law of parties

  • 11. 
    Under Issues in the Law of Parties:
    • A. 

      Death penalty is not available for an accomplice who did not intend to kill the victim

    • B. 

      Death penalty is available for an accomplice who was "negligently indifferent" to human life when the victim is killed

    • C. 

      Death penalty is available for an accomplice who was "negligently culpable" to human life when the victim is killed

    • D. 

      A and B

    • E. 

      B and C

  • 12. 
    When Bonnie and Clyde robbed a bank and Clyde committed the act and Bonnie served as the lookout, at trial Clyde was acquitted:
    • A. 

      Under Texas law, Bonnie could not be convicted as an accomplice

    • B. 

      Under common law, Bonnie could be convicted as an accomplice

    • C. 

      Under Texas law, Bonnie could be convicted as an accomplice

    • D. 

      Under Texas law, Bonnie could only be convicted of "reckless homicide" in the second degree

    • E. 

      None of the above

  • 13. 
    With Pre-Crime Assistance:
    • A. 

      Defendant need to act with intent to convict him/her

    • B. 

      "passive recklessness" is enough intent to convict defendant

    • C. 

      Recklessness requires only "functional negligence" to convict defendant

    • D. 

      Recklessness requires only "heightened negligence" to convict defendant

    • E. 

      Recklessness requires blameworthiness of civil law strict liability

  • 14. 
    Carmine assists Guido, a professional hitman, in disposal of one of Guido's corpses. Carmine knew nothing of the original killing. Under Texas law, Carmine could be charged with:
    • A. 

      Tampering with or fabricating evidence

    • B. 

      Accessory after the fact

    • C. 

      Abuse of a corpse

    • D. 

      A and C

    • E. 

      A, B and C

  • 15. 
    Under Texas Law:
    • A. 

      Defendant's conviction cannot be based solely on the testimony of an accomplice or the co-conspirator

    • B. 

      In addition to the testimony of an accomplice, defendant's conviction does not require additional corroborating evidence

    • C. 

      To convict a party to an offense, defendant's conviction need not accompany testimony other than the primary offender or the co-conspirator

    • D. 

      Defendant's conviction can be based solely on the testimony of an accomplice, but not the co-conspirator

    • E. 

      None of the above

  • 16. 
    In the United States:
    • A. 

      Corporations are considered to be artificial persons

    • B. 

      Corporations can be held liable for the actions of their agents

    • C. 

      Corporations are not subject to the federal criminal laws

    • D. 

      Corporations are only subject to state criminal laws

    • E. 

      A and B

  • 17. 
    A corporation is an artificial person with a legal capacity to act:
    • A. 

      Under U.S. law, corporations enjoy sovereign immunity

    • B. 

      Under British law, corporations can be subject to criminal penalties

    • C. 

      Under Texas law, the maximum possible monetary fines for corporations for criminal conduct is $100,000

    • D. 

      Under U.S. law, the minimum possible monetary fines for corporations for criminal conduct is $1 million

    • E. 

      All of the above

  • 18. 
    Which of the following is true:
    • A. 

      Homicide is treated with more seriousness in the criminal law because "death is different"

    • B. 

      Voluntary manslaughter is an intentional killing triggered by enough provocation

    • C. 

      Common law judges divided homicide into criminal and non-criminal crimes

    • D. 

      A and C

    • E. 

      A, B and C

  • 19. 
    Which of the following is true:
    • A. 

      At common law murder and manslaughter were criminal offenses

    • B. 

      Justifiable and excusable homicide were made non-criminal

    • C. 

      Malice aforethought was split into intentional and unintentional

    • D. 

      A, B and C

    • E. 

      B and C

  • 20. 
    Which of the following is true:
    • A. 

      Criminal homicide is a rare event

    • B. 

      Criminal homicide is the most serious crime

    • C. 

      Texas experiences about 1,400 murders and non-negligent manslaughters each year

    • D. 

      B and C

    • E. 

      A, B and C

  • 21. 
    What were the types of homicides recognized at common law?
    • A. 

      Murder

    • B. 

      Killing a person with malice aforethought

    • C. 

      Manslaughter

    • D. 

      Killing a person without malice aforethought

    • E. 

      A, B, C and D

  • 22. 
    What does aforethought mean?
    • A. 

      Not thinking about the act before the crime

    • B. 

      Thinking about the act before the crime

    • C. 

      Lying in wait or long-term planning

    • D. 

      A and C

    • E. 

      B and C

  • 23. 
    What does malice mean?
    • A. 

      Hatred and ill-will

    • B. 

      Good will

    • C. 

      A heart that shows a regard for the goodness of mankind

    • D. 

      B and C

    • E. 

      A and C

  • 24. 
    Murder was divided into degrees and into a classification system:
    • A. 

      First in 1794 in Pennsylvania

    • B. 

      First in England during common law

    • C. 

      Because all murders are depraved heart murder

    • D. 

      B and C

    • E. 

      A and C

  • 25. 
    First degree murders include:
    • A. 

      Premeditated murder

    • B. 

      Felony murder

    • C. 

      Manslaughter

    • D. 

      Voluntary homicide

    • E. 

      A and B

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