Chapter 3 Criminal Law – You Be The Judge

1. Doris Alexander was arrested for aggravated assault after she allegedly attacked a stranger in the park, She argues that prosecution will be unable to convict her because she had no motive for the attack. Is she correct?

YES NO Legal Principle

2. Fred Mandrake returned to his apartment one evening to find his son being attacked in the kitchen. Fred hit and severely injured his son’s attacker. Does Fred have a valid legal defense?

3. While driving an automobile 85 miles per hour in a zone in which the speed limit was 65 miles/hour, Terri Charlton accidentally struck and killed a child. Has she committed second-degree murder?

4. Doreen Levesque, while shopping at a local store, took an item of merchandise from the counter and intentionally walked out without paying for it. Has she committed robbery?

5. Sylvia Rich found an old, unsigned, unwittnessed will that her aunt had written. Sylvia signed her aunt’s name on the will. Did Sylvia commit forgery?

Understanding Legal Concepts

1. What crime does a citizen commit if that citizen levies war against the US? ______

2. Explain the principle of double jeopardy? 3. What are the elements of a crime? ______& ______

4. What is the oldest test of insanity used in our legal system? ______

5. Who must be involved in an alleged crime for the defense of entrapment to be used successfully? ______

6. Why the killing of another human being is NOT always considered murder? ______

7. An act against the public good that is punishable by a fine, imprisonment, or both is a: a. tort b. transgression c. crime d. breach

8. A major crime punishable by imprisonment or death is known as a a. misdemeanor b. tort c. defense d. felony

9. The second element of a crime in addition to the criminal act is:

a. motive b. required mental state c. requisite defense d. criminal liability

10. Double jeopardy is forbidden by which part of the US Constitution?

a. first amendment b. fifth amendment c. article III, section 3 d. the preamble 11. The oldest test of insanity in the US is:

a. The M’Naghten Rule b. The ALI test c. The Motive test d. The Entrapment test

12. The unlawful touching of another human being is:

a. murder b. assault c. battery d. kidnapping

13. Breaking and entering a house with the intent to commit a felony is the common law definition of:

a. burglary b. larceny c. embezzlement d. robbery

14. The willful or malicious causing of damage to property is known as

a. arson b. shoplifting c. vandalism d. burglary

15. The act of stealing goods from a store is known as:

16. The willful and malicious burning of a house or other building is known as: