5. UOP CJA 305 Final Exam Guide NEW
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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) morals
B) mores
C) laws
D) norms
2) The least serious crime is a(n):
A) tort.
B) felony.
C) infraction.
D) misdemeanor.
3) ________ is the legal principal that requires that courts be
bound by their own earlier decisions and by those of higher
6. 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) elements of crime
B) canons of construction
C) states of mind
D) conducts
5) ________ is not an essential element of a crime.
A) Concurrence
B) The criminal act
C) Motive
D) 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.
7. D) mala prohibita.
7) In addition to the three fundamental aspects of crime
(actusrea, mensrea 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
8. 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) accessory.
B) principal in the second degree.
C) principal in the first degree.
D) 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.
9. 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) reasonable person
B) common man
C) average man
D) alter ego rule
14) In jurisdictions where the concepts of perfect and
imperfect self-defense are employed, imperfect self-defense
may:
A) lower criminal liability but not eliminate it.
B) eliminate the retreat rule.
C) justify deadly force.
D) 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:
10. A) may rely on the fleeing felon rule.
B) may shoot Bob to stop him.
C) must retreat before using deadly force.
D) 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) ignorance of the law.
B) psycholegal error.
C) mistake of fact.
D) mistake of law.
11. 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) Bob will not be able to claim the defense of entrapment.
B) Bob will be able to claim the defense of duress.
C) Bob will be able to claim the defense of entrapment.
D) Bob will 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) is considered guilty but mentally ill.
B) can now be tried for robbery
C) is considered legally insane.
D) 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
12. 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) Homicide
B) Gross negligence
C) Accidental death
D) Malice aforethought
22) Driving 100 miles per hour in a school zone while
young children are present could establish:
A) malice.
B) justification.
C) adequate provocation.
D) 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) Negligent homicide
B) Voluntary manslaughter
C) Premeditated murder
D) Excusable homicide
13. 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) Battery
B) Aggravated assault
C) Aggravated battery
D) Assault
25) ________ is sexual intercourse, whether or not consensual,
with a person under the "age of consent" as specified by law.
A) Spousal rape
B) Sexual battery
C) Statutory rape
D) 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) false imprisonment
B) forcible battery
C) battery
D) kidnapping
27) Larceny can only be committed:
14. A) intentionally.
B) negligently.
C) knowingly.
D) 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) theft
B) robbery
C) larceny
D) 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) looting.
B) uttering.
C) constructive entry.
D) criminal mischief.
15. 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) computer fraud
B) personal trespass by computer
C) computer tampering
D) computer trespass
31) Crimes against ________ are those that disturb or invade
society's peace and tranquility.
A) the administration of government
B) public order
C) public decency
D) 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.
16. UOP CJA 305 Week 1 Individual Criminal Law Paper NEW
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Locate a recent criminal Supreme Court case you find
interesting. Provide a brief summary and properly cite the case.
Write a 700- to 1,400-word paper in which you answer the
following questions:
• What interested you about this case? Do not use the first
person.
• What are the sources, purposes, and jurisdictions of the
criminal law related to this case?
• What is accomplice liability and criminal liability? How does it
relate to the case?
• What is the difference between the various elements of crime,
including actus reus, mens rea, and concurrence? How do they
relate to the case?
Format your paper consistent with APA guidelines
17. UOP CJA 305 1 DQ 2 NEW
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Every so often, I will post some questions that will be entirely
optional and are designed to help you with your participation
credits (hence, they are called participation questions." Clever,
huh?)
I thought I'd get the discussions going with a "break the ice"
question:
What do you think this course is about? What should it be
about?
What do you hope to get out of this course?
How, if at all, do you plan to apply lessons learned here to your
current careers? Future careers?
18. UOP CJA 305 Week 2 DQ 1 NEW
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Here are two typical undercover police operations:
1. Undercover officer approaches Able and asks where he can
buy some crack cocaine. Able steers the undercover (u/c, in the
biz) to Baker and says, “My man here can help you.” The u/c
then asks Baker for “two.” Baker reaches to a window sill and
removes two vials containing crack, hands them to the u/c who
gives Baker $10. The u/c leaves the scene, radios a description
of Able and Baker and watches, from a safe distance, as his
back-up team swoops down and makes the arrest, recovering
the rest of the “stash” by the window sill and the $10 bill in
Baker’s pocket.
2. A police officer in plainclothes, lies on the floor on a
subway platform, appearing drunk and asleep. He has several
$20 bills sticking out of his pocket just ripe for the picking. And
pick someone does. Charlie, a man with no criminal record,
comes along, sees the sleeping “drunk”, bends down and takes
one of the bills from the officer’s pocket. He walks away but is
quickly apprehended and charged with grand larceny: taking
property from the person of another (in New York, a low-level
felony).
Is either of these scenarios entrapment? Why or why not? What
differentiates each of these examples, if anything? Compare and
contrast these operations.
19. UOP CJA 305 Week 2 DQ 2 NEW
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Discuss the effects of voluntary intoxication on intentional
crimes and voluntary actions. Is it a defense? Does it reduce
liability? Is it no defense at all? Why or why not? What do you
think the affect of voluntary intoxication should be?
20. UOP CJA 305 Week 2 Learning Team Insanity Defense Paper
NEW
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Resource: University Material: State v. Stu Dents
Discuss the case as if you are part of the defense team in State v.
Stu Dents and the defendant wants to plead insanity.
Write a 700- to 1,050-word paper in which you answer the
following questions as a team:
• Does your team feel this defendant is competent to stand
trial? Why or why not?
• What is required in your state for an insanity defense?
• What steps must be taken to prove insanity?
Format your paper consistent with APA guidelines.
21. UOP CJA 305 Week 2 Worksheet NEW
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Complete the University Material: Week Two Worksheet.
Each question in Part 1 is worth .25 points.
Each question in Part 2 is worth 1 point.
Cautions and Warnings: In Part 2, Question 3, you must list the
steps in briefing a case from both Contemporary Criminal Law
and Criminal Law Today. I expect to see two lists.
In Part 2, Question 4, you are to explain what each part of the
citation for each case reperesents. I do not want facts of the
case, I do not want the decision. I want the meaning of the
citaton: the two parts of the name of the case, the numbers and
the letters, etc. Please ask if you have any questions.
22. UOP CJA 305 Week 3 DQ 1 NEW
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Adam Smith is angry with Karl Marx (not their real names) and
wants to engage Marx in a fistfight. Marx refuses, but Smith
won’t let it go and throws a punch that lands on Marx’s chin
causing a bruise. What it also causes is Marx’s rapid descent to
the sidewalk he was just standing on. Marx topples backwards
like a fallen oak tree and slams his head on the concrete. Blood
starts trickling out of his left ear. Smith, frightened (because he
certainly didn’t intend for this to happen), calls 911 and an
ambulance soon arrives. To no avail. Marx dies. What, if
anything, should Smith be charged with? Simple assault?
Aggravated assault? Homicide? If yes to the latter, which degree
of homicide? Should he not be charged with any crime? Explain
your reasoning, using your text and the case law and any
research into states’ laws you wish to find.
23. UOP CJA 305 Week 3 DQ 2 NEW
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Jesse James goes into a bank, goes up to a teller, produces a
handgun and requests a quantity of currency, preferably United
States greenbacks. The teller obliges and James leaves. The
teller, a quick thinker, hits the silent alarm button and the
police soon arrive. They find James and chase him. James,
fleeing from his pursuers, grabs a woman and uses her as a
shield to protect himself against the police. The officers back off
but, suddenly, James starts firing at the officers. One of the
officers takes careful aim, fires—and strikes the woman
hostage. She falls, mortally wounded. James is quickly
apprehended. Based on your readings and the capstone cases,
can James be charged with felony murder? Why or why not?
Support your answer with logic, case law and whatever
research you care to do.
24. UOP CJA 305 Week 3 DQ 3 NEW
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A case I tried: Joe Smith is driving his full-size van down a
public street. Suddenly he decides to make a u-turn. But, in
order to do so, he has to climb the lane divider that is 9 inches
high. He guns his engine, turns the wheel, hits the divider—and
then jumps to the opposite sidewalk, going diagonally across
the street against traffic. He jumps the curb, and slams into Juan
Gomez, smashing Juan into the wall and dragging him 25 feet
down the block. Joe then turns the wheel of his van, dropping
Juan to the sidewalk. Joe then runs over Juan’s legs and turns
back onto the street, facing the wrong way. Joe stops. The police
arrive and find him sitting on the sidewalk. Juan is dead, his
internal organs exploding from the impact. The officer (whose
real name is Johnny Walker), smells Joe’s breath. Drunk. A
blood alcohol test reveals a .24 BAC, three times the legal limit.
Joe is an alcoholic because a serious accident severed the
fingers of one hand and he drinks to ease the pain. He drives his
van using the palm of his hand on a knob on the steering wheel.
Joe was charged with two different types of homicide:
involuntary manslaughter and criminally negligent homicide.
Based on the readings and your view of the case, if you were a
juror deciding this case, which verdict would you reach: guilty
25. of involuntary manslaughter, guilty of criminally negligent
homicide, or not guilty of all counts? Defend your answer as you
would have to during jury deliberations.
26. UOP CJA 305 Week 3 Individual Personal Crimes Analysis NEW
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For this assignment, you will choose from the following options:
•Option 1: Personal Crimes Analysis Presentation
•Option 2: Personal Crimes Analysis Matrix
•Option 3: Personal Crimes Analysis Posterboard
Read the instructions in the University Material: Personal
Crimes Analysis located on the student website and select one
of the following options to complete the assignment.
Rules For Power Point Presentations
A PowerPoint presentation is not merely a paper divided up
among slides. A PowerPoint is supposed to be eye-catching and
interesting to the viewer. In addition to whatever words are on
the slide, the slide itself should have a meaningful background
and whatever graphics you feel are appropriate.
27. Aside from the graphics, the slides should contain bullet points
of what you will be "discussing". The bulk of the information
you are supplying will be in the speaker notes. This is how a
PowerPoint is presented to an audience. The slides will give the
headlines of what you will be talking about and what the
audience will see. What you will be telling the audience, in
explaining those bullet points, is what you will write in the
speaker notes. These, therefore, must have all the information
you might have written in a paper.
I do not want to see a lot of verbiage in the slides, and I do not
want to see empty speaker notes. Leaving the notes blank or
including nothing but a reference is insufficient.
Speaking of references, every slide and all speaker notes must
have cites as to where the information came from. If
photographs or other graphics (illustrations, etc.) are used in
the slides, these must be cited and referenced also. And there
must be at least one reference slide at the end of the
presentation (this and the title slide will count towards the
number of slides you are to provide).
28. UOP CJA 305 Week 3 Learning Team Prosecuting Argument
Paper NEW
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Resource: University Material: State v. Stu Dents
Discuss the caseas if you are part of the prosecuting team in
State v. Stu Dents to develop your argument.
Write a 700- to 1,050-word paper that details the team’s
argument.
List the elements of each crime and facts that establish each
element.
Provide a specific law for each charge. List the state where the
law is effective. Each team member’s state needs to be
represented.
Include the state where your case would be the strongest.
Format your paper consistent with APA guidelines.
29. UOP CJA 305 Week 3 Worksheet NEW
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Complete the University Material: Week Three Worksheet.
Each matching question, 1-- 10, is worth .2 points.
Questions 11, 12 and 13 are worth 1 point each.
30. UOP CJA 305 Week 4 DQ 1 NEW
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Crimes are considered a breach of the peace. And yet crimes,
for the most part, are wrongs committed against individuals.
Discuss the differences and similarities between civil and
criminal law; who gets to “punish” the offender—the
government or the individual? Or both? Why? Who, in your
opinion has the greater right? The greater responsibility? Why?
Use the OJ Simpson case as an example.
31. UOP CJA 305 Week 4 DQ 2 NEW
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Civil forfeiture rules allow the government to take proceeds of
a crime even when they have been used to buy something else
(a car, a house). But sometimes that seizure involves innocent
people. What do you think of these asset forfeiture rules? Do
they, in any way, benefit law enforcement? Do they deter
crime? Why or why not?
32. UOP CJA 305 Week 4 DQ 3 NEW
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What is a public order crime? How do public order crimes differ
from other types of crime, as defined by the criminal justice
system? How can we improve the ways in which the criminal
justice system helps to decrease the number of public order
crimes? Explain.
33. UOP CJA 305 Week 4 Individual Anti Legislation Matrix NEW
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Complete the University Material: Anti-Drug Legislation
Matrix..
Remember, there are three states plus federal laws to discuss.
Make sure all four are included.
Please read each question on the top row carefully and answer
what is asked. The first question, for example, asks if marijuana
is illegal in that jurisdiction. If relevant, differentiate between
recreational marijuana and medical-use marijuana. The last
question asks about increased punishment for increased blood
alcohol level (in other words, extremely drunk). It is not
discussing repeat offenders; rather I want to know if there is a
higher level of intoxication than regular DWI, what that level is
and what the punishment for higher level of intoxication is.
Almost all states have such a law, so answering "no" will, in all
likelihood, be incorrect.
34. UOP CJA 305 Week 4 Learning Team Sentencing Proposal (Preparation)
NEW
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Begin preparing the Sentencing Proposal assignment, due in Week Five.
Discuss sentencing arguments with your Learning Team, including
desired outcomes and intermediate sanctions to propose.
Submit a 350-word summary that includes an overview of your team's
discussion and the research you have conducted.
35. UOP CJA 305 Week 4 Worksheet NEW
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Complete the University Material: Week Four Worksheet.
Questions 1-- 14 are worth .15 points each
Questions 15 and 16 are worth 1point each
Quesiton 17 is worth .9 points.
36. UOP CJA 305 Week 5 Individual Victims and Crime Evaluation
NEW
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Write a 1,050- to 1,400-word paper that describes roles and
functions of individuals in the criminal justice system and how
victimization affects each role.
Evaluate the roles of prosecutor, defense attorney, criminal,
and victim.
Summarize how victimization affects each role.
Answer the following questions:
What are the goals of sentencing
associated with each role?
What are the goals of alternative
sanctions?
What recommendations do you
have regarding victims’ rights?
Format your paper consistent with APA guidelines.
37. UOP CJA 305 Week 5 Learning Team Sentencing Proposal NEW
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Resource: University Material: Ruling on State v. Stu Dents
Write a 1,050- to 1,400-word proposal that includes two
different sentencing arguments formulated by your team.
Include the desired outcome of each punishment.
Include alternative and intermediate sanctions.
Include a 5- to 10-slide Microsoft® PowerPoint® presentation
with your proposal.
Rules For Power Point Presentations
A PowerPoint presentation is not merely a paper divided up
among slides. A PowerPoint is supposed to be eye-catching and
interesting to the viewer. In addition to whatever words are on
the slide, the slide itself should have a meaningful background
and whatever graphics you feel are appropriate.
Aside from the graphics, the slides should contain bullet points
of what you will be "discussing". The bulk of the information
you are supplying will be in the speaker notes. This is how a
38. PowerPoint is presented to an audience. The slides will give the
headlines of what you will be talking about and what the
audience will see. What you will be telling the audience, in
explaining those bullet points, is what you will write in the
speaker notes. These, therefore, must have all the information
you might have written in a paper.
I do not want to see a lot of verbiage in the slides, and I do not
want to see empty speaker notes. Leaving the notes blank or
including nothing but a reference is insufficient.
Speaking of references, every slide and all speaker notes must
have cites as to where the information came from. If
photographs or other graphics (illustrations, etc.) are used in
the slides, these must be cited and referenced also. And there
must be at least one reference slide at the end of the
presentation (this and the title slide will count towards the
number of slides you are to provide).
Format your paper and presentation consistent with APA
guidelines.
39. UOP CJA 305 Week 5 Worksheet NEW
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Complete the University Material: Week Five Worksheet.
DO NOT ANSWER QUESTIONS 8, 11 AND 13. You will receive no
credit for doing so.
The remaining questions, except for #14, are worth .25 points.
The definitions for question 14 are worth .5 points each.
