Assignment Paper

True or False – Please read the following statements carefully and circle the correct answer, indicating whether the statement is True or False:

1. In most jurisdictions, the mistake of age defense may not be used as a defense for statutory rape charges. a. True b. False
2. The “separate offense” rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses, or only one, is whether each provision requires proof of an additional fact which the other does not. a. True b. False
3. The defense of entrapment has two elements: (1) improper government inducement of the crime and (2) lack of predisposition on the part of the defendant to engage in the criminal conduct. a. True b. False
4. Law enforcement agencies are found in the Legislative branch of government. a. True b. False
5. The Writ of Attainder asks the United States Supreme Court to review the decision of a lower court. a. True b. False
6. A statute which is unclear, ambiguous and uncertain may violate what doctrine as being Void for Vagueness. a. True b. False
7. The Federal government has an inherent “police power.” a. True b. False
8. Every power exercised by Congress must trace its origin back to a specific constitutional provision. a. True b. False
9. Person currently on active duty in U.S. military service are subject to the Articles of Confederation. a. True b. False
10. Selling contaminated food is a crime and requires no “mens rea,” and as such, are strict liability offenses. a. True b. False
11. “Actus Reus” refers to the actual act of a person who commits a crime. a. True b. False
12. The categories of culpability from the Model Penal Code include purpose, knowledge, recklessness, and malice. a. True b. False
13. Most state statutes on criminal conspiracy require proof of an overt act by a defendant. a. True b. False
14. “Solicitation” is an offense where someone attempts to get a person to commit a crime. a. True b. False
15. Even if the planned crime is not committed, the essence of the crime of conspiracy is an agreement to commit a crime. a. True b. False
16. It has long been the law that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee, but may stand their ground and use such force as is necessary and reasonable to defend themselves or others. a. True b. False

Fill-in-the-Blank – Please write in the word or words that best complete the following sentences:

17. Double jeopardy means that a person who has been _________________ by a judge or a jury may not be tried again.
18. The U.S. Constitution states a defendant has a right to a _____________ trial.
19. In most states, _______________ is not a defense to a charge of murder.
20. The _____________________ branch of the government determines the guilt or innocence of those charged with violations of the laws.
21. The first and earliest source of criminal laws was the _________________ law.
22. An unnecessarily broadly written law that invades the area of protected freedoms would be deemed unconstitutional on the grounds of _____________________.
23. Under the American system of ______________________, the states have the primary responsibility of maintaining public order and safety within each state.
24. Final authority on the scope of Indian tribal jurisdiction is limited by ___________________.
25. The Latin term _____________________ refers to a defendant’s “guilty mind.”
26. A ____________ liability offense does not require proof of the criminal intent.
27. The highest degree of culpability according to the Model Penal Code is ________________.
28. 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 not yet _____________________ any law.
29. To be convicted under the Felony Murder rules, the murder must have occurred while the felony was in progress and it must have been a foreseeable ____________________ of the intended crime.

Multiple Choice – Please read the following questions and circle the correct answer from among the proposed answers, which follow:

30. What are the two kinds of witness immunity?
a. Transactional and Diplomatic
b. Diplomatic and Use
c. Transactional and Use
d. Absolute and Use
31. If the harm sought to be avoided by committing the crime is greater than the harm of the crime itself, the defendant may have the defense of:
a. Duress
b. Necessity
c. Self-defense
d. Speedy trial
32. At times, a ____________ of age can serve as a defense to criminal liability.
a. Theory
b. Assertion
c. Point
d. Mistake
33. By definition, what kind of effect is an ex post facto law designed to have?
a. Retroactive
b. Prospective
c. Illusory
d. Contingent
34. What branch of government enacts laws, including criminal laws?
a. Executive
b. Legislative
c. Judicial
d. None of the above
35. Extradition is the removal of a person from one _________________ to another.
a. Enclave
b. Bailiwick
c. Jurisdiction
d. Jurisprudence
36. Military courts have both subject matter and personal jurisdiction over whom?
a. Any American citizen
b. Active Duty Service Members
c. Family members of Active Duty Service Members
d. Foreign non-combatants
37. Americans who commit crimes in foreign countries are subject to prosecution in foreign courts, unless they have what?
a. A passport
b. Diplomatic Immunity
c. Legislative Immunity
d. A visa
38. What does the term “mens rea” mean?
a. Bad Acts
b. Guilty Mind
c. Motive
d. Modus Operandi
39. The overt act required to prove a conspiracy need not, itself, be a ______________ act.
a. Solitary
b. Overt
c. Legal
d. Criminal
40. States can differ on how the act requirement in attempt is defined, however the “__________________ step” test is common.
a. Additional
b. Essential
c. Substandard
d. Substantial
41. Children under a minimum age, typically 7 or 8, cannot be convicted of a crime regardless of their _______________ level.
a. Academic
b. Maturity
c. Growth
d. Socio-economic
42. Two ideas support the M’Naghten Rule: Cognitive Incapacity and ___________ Incapacity.
a. Moral
b. Mental
c. Mindful
d. Menial
Short Answer – Please answer the following questions in the space below.
43. Explain how a defense of duress differs from a necessity defense and give an example of each. ______________________________________________________________________________
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44. Explain why a defendant of questionable competency should not be tried for a criminal violation.
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45. What is the “castle doctrine?” Describe the history of the “castle doctrine.”
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