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CJA 305 FINAL EXAM (Phoenix)

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CJA 305 FINAL EXAM (PHOENIX)

1) That which is laid down, ordained, or established...a body of rules of
action or conduct prescribed by controlling authority, and having a
binding legal force?
A)
B)
C)
D)

morals
mores
laws
norms

2) The least serious crime is a(n):
A)
B)
C)
D)

tort.
felony.
infraction.
misdemeanor.

3) ________ is the legal principal that requires that courts be bound by their
own earlier decisions and by those of higher courts having jurisdiction
over them regarding subsequent cases on similar issues and fact.
A) Jurisdiction
B) Stare decisis
C) Jurisprudence
D) Due process of law

4) The Model Penal Code outlines four ________: purposely, knowingly,
reckless, and negligent.

A)
B)
C)
D)

elements of crime
canons of construction
states of mind
conducts

5) ________ is not an essential element of a crime.
A)
B)
C)
D)

Concurrence
The criminal act
Motive
A culpable mental state

6) The facts that show that a crime has occurred are referred to in Latin as
the:
A) corpus delicti.
B) mens rea.
C) actus rea.
D) mala prohibita.

7) In addition to the three fundamental aspects of crime (actus rea, mens
rea and concurrence), four additional principles are necessary to fully
appreciate contemporary understandings of crime. They are causation, a
resulting harm, the ________, and necessary attendant circumstances.
A) degree of the crime
B) legality principle
C) void-for-vagueness principle
D) but for rule

8) Bob turns 21 and goes out and buys his first six-pack of beer. The next
week, the drinking age is raised to 22 and the sheriff arrests Bob for
buying that six-pack. Bob is the victim of:

A) the void-for-vagueness principle.
B) proximate cause.
C) an ex post facto law.
D) the principle of legality.

9) Bob decides to kill Ray. He takes a loaded gun and goes to Ray's house.
He sees Ray sitting on the porch and takes a shot at him. What Bob didn't
know was that Ray died of a heart attack, there on his porch, a half-hour
before Bob arrived. If Bob is charged with attempted homicide, he might
claim the defense of:
A) renunciation.
B) impossibility.
C) strict liability.
D) abandonment.

10) Today we call one who knowingly gives assistance to a person who has
committed a felony for the purpose of helping that individual avoid
apprehension or detection a(n):
A)
B)
C)
D)

accessory.
principal in the second degree.
principal in the first degree.
accomplice.

11) Bob is charged with a crime and defends himself by arguing that he
only committed the crime to avoid some greater evil. Bob is defending
himself with a(n):
A) alibi.
B) justification.
C) exception.
D) excuse.
12) A(n) ________ defense is one in which the defendant must take the
offense and respond to the charges against him or her with his or her own
assertions being based on legal arguments.
A) alter ego
B) reasonable

C) affirmative
D) perfect

13) The legal concept of the ________ envisions a person who acts with
common sense and who has the mental capacity of an average, normal,
sensible human being.
A)
B)
C)
D)

reasonable person
common man
average man
alter ego rule

14) In jurisdictions where the concepts of perfect and imperfect selfdefense are employed, imperfect self-defense may:
A)
B)
C)
D)

lower criminal liability but not eliminate it.
eliminate the retreat rule.
justify deadly force.
eliminate criminal liability.

15) The police arrive as Bob is robbing a bank with a gun. Bob runs out the
door of the bank, taking shots at the police as he runs. The police:
A)
B)
C)
D)

may rely on the fleeing felon rule.
may shoot Bob to stop him.
must retreat before using deadly force.
must follow the alter ego rule.

16) ________ admit that the action committed by the defendant was wrong
and that it violated the criminal law, but claim that the defendant should
not be held accountable under the criminal law by virtue of special
conditions or circumstances that suggest the defendant is not responsible
for his or her deeds.
A) Mistakes of law
B) Excuses

C) Errors
D) Justifications

17) Bob flies into New York City and goes to the baggage area to get his
suitcase. He takes the wrong bag, a black one identical to his, thinking he
has the correct bag. The real owner of the bag stops him and accuses
Bob of theft. Bob's defense is:
A)
B)
C)
D)

ignorance of the law.
psycholegal error.
mistake of fact.
mistake of law.

18) Bob earns his living selling cocaine. He is eating dinner with a man
who he thinks is a friend, but the man is really an undercover police
officer. When Bob comments that he looking for a new source of cocaine,
the officer volunteers to sell Bob some cocaine. When this encounter
results in Bob being charged with a crime:
A)
B)
C)
D)

Bob
Bob
Bob
Bob

will
will
will
will

not be able to claim the defense of entrapment.
be able to claim the defense of duress.
be able to claim the defense of entrapment.
be able to claim outrageous government conduct.

19) Bob is arrested for robbery. While waiting for his trial, he falls mentally
ill and is found incompetent to stand trial. After six months of treatment
for his illness, he recovers. Bob:
A)
B)
C)
D)

is considered guilty but mentally ill.
can now be tried for robbery
is considered legally insane.
is not guilty by reason of insanity.

20) Person's found not guilty by reason of insanity are, on average, held in
mental hospitals ________ as persons found guilty are held in prison.
A) a small fraction of the time
B) at least as long
C) twice as long
D) about half the amount of time

21) ________ is the killing of a human being by the act, procurement, or
omission of another human being.
A)
B)
C)
D)

Homicide
Gross negligence
Accidental death
Malice aforethought

22) Driving 100 miles per hour in a school zone while young children are
present could establish:
A)
B)
C)
D)

malice.
justification.
adequate provocation.
ordinary negligence.

23) ________ can be a killing committed without lawful justification, wherein
the defendant acted under a sudden and intense passion resulting from
adequate provocation.
A)
B)
C)
D)

Negligent homicide
Voluntary manslaughter
Premeditated murder
Excusable homicide

24) ________ is an intentional and offensive touching or wrongful physical
contact with another without consent, that results in some injury or
offends or causes discomfort.

A)
B)
C)
D)

Battery
Aggravated assault
Aggravated battery
Assault

25) ________ is sexual intercourse, whether or not consensual, with a
person under the "age of consent" as specified by law.
A)
B)
C)
D)

Spousal rape
Sexual battery
Statutory rape
Sexual contact

26) The elements of the crime of ________ are: 1) an unlawful restraint by
one person, 2) of another person's freedom of movement, 3) without the
victim's consent or without legal justification.
A)
B)
C)
D)

27)
A)
B)
C)
D)

false imprisonment
forcible battery
battery
kidnapping

Larceny can only be committed:
intentionally.
negligently.
knowingly.
recklessly.

28) The elements of ________ are: 1) the felonious taking of personal
property, 2) from the person or immediate presence of another, 3) against
the will of the victim, and 4) accomplished by means of force or by putting
the victim in fear.
A)
B)
C)
D)

theft
robbery
larceny
burglary

29) Bob lies to Ray. He tells Ray that he has permission to go into Mary's
house while she is at work and borrow her TV. In reality, Mary expressly
told Bob he could not enter her house or borrow her TV. Bob asks Ray to
do him a favor and go get the TV for him. Ray goes in the house and
brings Bob the TV. This is an example of:
A)
B)
C)
D)

looting.
uttering.
constructive entry.
criminal mischief.

30) The elements of ________ make it illegal for a person to: 1) use a
computer or computer network, 2) without authority, and 3) with the
intent to cause physical injury to an individual.
A)
B)
C)
D)

computer fraud
personal trespass by computer
computer tampering
computer trespass

31) Crimes against ________ are those that disturb or invade society's
peace and tranquility.
A)
B)
C)
D)

the administration of government
public order
public decency
justice

32) Many traditionally worded ________ statutes were struck down by the
courts for being too vague or attempting to punish a status rather than an
activity.
A)
B)
C)
D)

unlawful assembly
criminal syndicalism
vagrancy
DUI

33) ________ is an unlawful attempt to interfere with the administration of
the courts, the judicial system, or law enforcement officers, or with the
activities of those who seek justice in a court or whose duties involve the
administration of justice.
A)
B)
C)
D)

Criminal contempt
Disorderly conduct
Criminal syndicalism
Obstruction of justice

34) ________ is the offense of giving or receiving a gift or reward intended
to influence a person in the exercise of a judicial or public duty.
A)
B)
C)
D)

Bribery
Misconduct in office
Misprision of office
Obstruction of justice

35) An office holder who commits misconduct in office by doing something
he or she has no right to do is guilty of:
A)
B)
C)
D)

36)
A)
B)
C)
D)

misdirection.
malfeasance.
misfeasance.
non-feasance.

The only crime specifically mentioned in the United States Constitution.
treason
terrorism
sedition
murder

37) Ray pays Bob $500 to bring him illegally from Mexico into the United
States. Bob is guilty of

A)
B)
C)
D)

sex trafficking
human smuggling
immigrant trafficking
human trafficking

38) One of America's first immigration laws sought to end a huge influx of
mostly male workers from
A)
B)
C)
D)

India
Mexico
Ireland
China

39) Because the USA PATRIOT Act and other anti-terrorism laws challenge
historic notions of civil rights in the United States
A) terrorists born outside of the United States can be summarily denied
their rights.
B) Congress repealed the Act.
C) a considerable amount of litigation can be expected in the future.
D) the Act does not have to conform to the United States Constitution.

40)
A)
B)
C)
D)

Most of the duties of the INS were incorporated into the
Drug Enforcement Agency
Department of Homeland Security
Federal Bureau of Investigation
Department of Transportation

41) The ________ is/are conducted annually by the Bureau of Justice
Statistics to provide data on surveyed households that report they were
affected by crime.
A) Victims of Crime Reports

B) National Crime Victimization Survey
C) Uniform Crime Reports
D) Victim Assistance Reports

42)
The central focus of the National Organization for Victim Assistance is
to:
A)
B)
C)
D)

oppose sentencing reforms.
provide rides to court.
educate policy makers about victims' rights.
fight for the death penalty in murder cases.

43) Bob has been convicted of sexual assault and he is serving time in
prison. He writes a book in which he brags about his crimes. He may be
prevented from profiting from the sale of that book by:
A)
B)
C)
D)

uniform crime laws.
Son of Sam laws.
the crime index.
the right of allocution.

44) Persons aged 65 or older have the ________ victimization rates for all
types of crime.
A)
B)
C)
D)

least consistent
highest
lowest
most violent

45) The ________ justice model holds that it is necessary to attain a balance
between the legitimate needs of the community, the offender and the
victim.
A)
B)
C)
D)

assistance
restitution
victimization
restorative

46) The ________ model of criminal sentencing suggests that punishments
should be appropriate to the type and severity of the crime.
A)
B)
C)
D)

equity
split sentence
consecutive sentence
just deserts

47) ________ is the sentencing philosophy that aims to reduce the likelihood
that the offender will be capable of committing future offenses.
A)
B)
C)
D)

Rehabilitation
Incapacitation
Retribution
Restitution

48) ________ is a sentencing principle that objectively counts an offender's
criminal history in sentencing decisions.
A)
B)
C)
D)

Proportionality
Deterrence
Equity
Social debt

49) Alternatives to traditional sanctions like imprisonment, such as split
sentencing, home confinement and community service, are known as
________ sanctions.
A)
B)
C)
D)

proportional
determinate
specific
intermediate

50) Bob is sentenced to five years in prison. His lawyer says he will see
what he can do for him, but not to count on anything. After being in
prison for three weeks, Bob is brought back to court and the judge places
him on probation. This is an example of:
A)
B)
C)
D)

community service.
a mixed sentence.
shock incarceration.
shock probation.

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