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Chapter 7: Other Offenses Against Persons 1. At common law, a male forcing a female to perform oral sex on him constituted the crime of rape. Answer: False 2. A man who grabs a woman he doesn’t know, hugs and kisses her against her will has committed a battery. Answer: True 3. A jailer who intentionally holds a prisoner in confinement after the jailer is officially informed that the prisoner’s term of imprisonment has expired could be prosecuted for false imprisonment. Answer: True 4. Modern criminal statutes define kidnapping essentially as did the common law. Answer: False 5. Even though the defendant’s movement of the victim is done as part of another felony, courts will generally also convict the defendant of kidnapping. Answer: False 6. In 2003 the U.S. Supreme declared unconstitutional state laws prohibiting consensual sodomy. Answer: True 7. The trend among courts today is to support the common-law unity concept of the marriage. Answer: False 8. Assaults and batteries perpetrated against public officers (for example, fire and police personnel) are frequently classified as felonies. Answer: True 9. Some courts have determined that hands and feet are deadly weapons under statutes defining the offenses of aggravated battery. Answer: True 10. Because of the age and vulnerability of minors, statutes prohibiting child abuse are strict liability crimes in many states. Answer: True 11. The common law treated assault and battery as separate misdemeanors with an assault consisting of an offer to do bodily harm to another by using force and violence and a battery consisting of a completed assault. Answer: True 12. Today all jurisdictions make assault an offense; most classify simple assaults and batteries as misdemeanors, while grading as felonies those perpetrated against public officers or involving more egregious conduct. Answer: True 13. Anti-hazing laws usually stipulate that implied or express consent by the initiate is not a defense. Answer: True 14. The offense of malicious mischief involves repeatedly following, watching, or harassing another person. Answer: False 15. Marriage in contemporary society is regarded as a partnership and not as a license to enjoy sex on demand by a forcible encounter. Answer: True 16. Courts today insist that a woman must “resist to the utmost” to establish that she refused to consent to sexual intercourse. Answer: False 17. A few states have allowed a male to defend against a charge of statutory rape on the basis that he was mistaken about a female’s age, but most hold a male defendant strictly liable. Answer: True 18. At common law a male under age fourteen was conclusively presumed not to be able to commit rape. Answer: True 19. Sodomy between consenting unmarried adults continues to be criminalized in most states. Answer: False 20. Unless there is serious bodily injury to the victim, kidnapping is a misdemeanor. Answer: False 21. An act that illustrates an assault under the common law would be ___________. a. one person shouting obscenities at another b. a husband whipping his wife c. one person throwing a punch at another, but missing d. a parent disciplining a child through corporal punishment Answer: C 22. Joe, age 22, has consensual sexual intercourse with Lucy, who is 21 and a virgin. Joe may be convicted of ___________. a. statutory rape b. rape, i.e., involuntary sexual battery c. contributing to the delinquency of a minor d. none of these Answer: D 23. One who intentionally strikes another person with a sharp metal letter opener would most likely be charged with __________. a. simple assault b. aggravated assault c. simple battery d. aggravated battery Answer: D 24. Which of the following crime scenarios would most likely involve the intervention or assistance of the Federal Bureau of Investigation? a. a multiple homicide occurring in a large city where the homicide appears to be the work of a street gang b. a rape prosecution against a corporate executive c. a vehicular homicide on an interstate highway d. a kidnapping of a child where the abductors have kept the child for two days after leaving a ransom note Answer: D 25. Statutes that provide that the testimony of a victim’s prior sexual activity with anyone other than the defendant cannot be admitted in evidence in a rape trial are commonly referred to as __________ laws. a. Megan’s b. rape shield c. exclusionary d. asportation Answer: B 26. In some jurisdictions, depending on the severity of injuries, one who commits mayhem can be charged with ___________. a. manslaughter b. sodomy c. assault d. attempted murder Answer: D 27. At the time the English colonized America, the common law had identified four groups of offenses against persons: assaultive crimes; homicidal crimes; sexual crimes; and ________. a. hate crimes b. abusive offenses c. offenses involving confinement and movement of persons d. none of these Answer: C 28. Under Illinois law, a person commits the offense of __________ when he or she, knowingly and without lawful justification on at least two separate occasions, harasses another person through use of electronic communication and at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed toward that person or a family member of that person. a. wire fraud b. electronic harassment c. cyberstalking d. none of these Answer: C 29. Since the late 1970s the offense of _______ has become a gender-neutral offense encompassing nonconsensual sexual impositions beyond sexual intercourse. a. rape b. sodomy c. incest d. none of these Answer: A 30. Many states have enacted laws to provide for issuance of court injunctions to protect spouses from ___________ and provide for arrest of those who violate these orders. a. adultery b. conspiracy c. kidnapping d. domestic violence Answer: D 31. Offenses motivated by bias against a person’s race, religion, nationality, gender, disability or sexual orientation are termed __________. a. hate crimes b. abusive offenses c. civil liberties offenses d. white collar crimes Answer: A 32. Federal law prohibits interference with “federally protected activities” such as __________. a. driving b. voting c. marriage d. all of these Answer: B 33. While unknown to the common law, civil rights offenses of individuals are now considered crimes against ___________. a. public order b. the administration of justice c. persons d. none of these Answer: C 34. After the _______, Congress adopted the first in a series of laws designed to protect civil rights. a. Bill of Rights was ratified b. Second World War c. Civil War d. assassination of Dr. Martin Luther King, Jr. Answer: C 35. Federal civil rights laws are the basis for federal prosecutions against individuals who use their official positions to deprive persons of rights guaranteed by ___________. a. the Bill of Rights b. federal statutes c. the Fourteenth Amendment d. all of these Answer: D 36. Which one of the following statements is INCORRECT? a. Several states have amended their statutory definitions of stalking to include cyberstalking. b. The Internet makes it easy for law enforcement agencies to track down cyberstalkers. c. Cyberstalking often involves a disappointed suitor placing a female’s name online with suggestive data directed to third parties. d. It is a federal crime to stalk someone across state lines using e-mail with the intent to kill or injure the victim. Answer: B 37. Conduct that constituted the offense of mayhem at common law is now often prosecuted as ___________. a. attempted sexual battery b. hazing c. various forms of assaultive crimes d. hate crimes Answer: C 38. In addition to prohibiting assaults on federal officers, federal statutes make it an offense to commit an assault on ___________. a. members of the uniformed services engaged in the performance of official duties b. foreign diplomatic personnel c. federal officers d. all of these Answer: D 39. Threatening someone with a weapon would probably qualify as (a) (an) _________. a. aggravated assault b. battery c. an act of mayhem d. none of these Answer: A 40. In making factual determinations of whether an injury constitutes a “serious” or “great” bodily injury, courts consider ___________. a. the type of injury the victim has suffered b. the instrument by which the injury was inflicted c. any disability that the victim will suffer d. all of these Answer: D 41. Which of the following statements is CORRECT? a. At common law, there was a conclusive presumption that a male under age fourteen could not commit the crime of rape. b. Rape shield laws are designed to protect male defendants who have consensual sexual relations with females who appear to be over the statutory age of consent. c. Proof of a female’s consent is an essential factor in statutory rape cases. d. None of these. Answer: A 42. Which of the following examples constitutes a battery? a. One player intentionally strikes another player in the face with his fist during halftime of a college football game. b. A hockey player drops his stick and gloves and strikes another player with his fist. c. The football example but not the hockey example. d. Both examples constitute a battery. Answer: D 43. Which of the following incidents would a state be least likely to prosecute under a child abuse statute? a. A parent who was capable of providing support but failed to provide necessary food for a young child. b. A parent who left a three-week-old child locked in a van at as shopping mall on a hot summer day. c. An expectant mother who ingested alcohol during her pregnancy and thereby caused adverse medical effects to her child at birth. d. A parent who permits a ten year old child to engage in an occupation involving a substantial risk of danger to the child’s life or health. Answer: C 44. Which one of the following statements is INCORRECT? a. Nonconsensual sodomy can be considered rape or sexual battery. b. Laws in many states now provide for issuance of court injunctions to protect spouses from domestic violence. c. The criminal law does not recognize consent as a defense to a charge of false imprisonment or kidnapping. d. A man who refuses to allow a woman to leave his apartment without yielding to his sexual demands may be prosecuted for false imprisonment. Answer: C 45. Depending on the circumstances, parents who inflict injury on a child or who impose excessive punishment may be found of guilty of ___________. a. battery b. aggravated battery c. child abuse d. any of these offenses Answer: D 46. At common law a(n) _______ was an offer to do bodily harm to another by using force and violence. Answer: assault 46. Willfully, maliciously, and repeatedly following or harassing another and making a credible threat against that person constitutes the crime of ___________. Answer: stalking 47. Under the English common law, the crime of ________ was defined as “the unlawful carnal knowledge by a male of a female by force and against her will.” Answer: rape 48. At common law, under “Hale’s Rule,” a man could not be found guilty of raping his ________. Answer: wife 49. Laws precluding presentation of evidence of a rape victim’s prior sexual activity with persons other than the defendant are known as _________ laws. Answer: rape shield 50. At common law _______ consisted of willfully and maliciously injuring another so as to render the victim less capable of fighting. Answer: mayhem 51. The offense of ________ is defined as “the unlawful taking and carrying away of a victim without that person’s consent.” Answer: kidnapping 52. Intentional or reckless physical or mental harassment, abuse, or humiliation that often occurs in initiations is termed ________. Answer: hazing 53. Psychiatrists refer to a recurring pattern of physical and emotional symptoms such as fear, depression, and a sense of guilt experienced by rape victims as rape __________ syndrome. Answer: trauma 54. A law requiring registration of sexual offenders is often referred to as ______. Answer: Megan’s Law 55. The crime of ___________ consists of holding or confining someone against his or her will without legal justification. Answer: False imprisonment 56. Crimes motivated by bias against members of certain groups are known as ___________. Answer: hate crimes 57. Although it often involves foolish pranks and seldom results in serious injuries, __________ can be either a misdemeanor or felony, depending on the degree of injury to the initiate. Answer: hazing 58. A significant reform was the enactment of rape ____________ laws that preclude presentation of evidence of a victim’s prior sexual activity with anyone other than the defendant. Answer: shield 59. Critics of ___________ laws often argue that these laws are out of touch with present-day sexual mores, deprive women in their late teens of exercising a personal choice, and lend themselves to selective enforcement along the lines of race and social class. Answer: statutory rape 60. Nonconsensual sodomy is considered a crime against a person and is often charged under statutes prohibiting __________. Answer: rape; sexual battery 61. After the Civil War, Congress adopted a series of laws designed to protect the ___________ of the newly freed former slaves. Answer: civil rights 62. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention expanded federal hate crimes to include those motivated by a victim’s actual or perceived gender, ___________, or disability. Answer: sexual orientation 63. Until recently, federal law limited federal prosecution of hate crimes to interference with “___________” such as voting. Answer: federally protected activities 64. Beyond defendants’ general denial of the charges, the most common defense asserted in rape cases is that they had the victim’s ___________. Answer: consent Alvie is a drug dealer. His neighbor, Billy Bats, is known to be a wealthy man. Alvie enters Billy’s house while Billy is at work with the intention of stealing valuables. When Billy returns and enters the home, Alvie points a gun at him and ties him up, but does not move him. After learning the location of valuables in the house, Alvie steals a large quantity of jewelry. After taking the jewelry, Alvie punches Billy under the eye. 64. Discussion of the term “asportation” would be most relevant to differentiating between which set of charges? a. mayhem and stalking b. false imprisonment and kidnapping c. assault and battery d. first-degree murder and second-degree murder Answer: B 65. The act of physically making contact with Billy’s jaw would be most likely to implicate which of the following charges against Alvie? Assume all of these could be valid charges in this jurisdiction. a. first-degree murder b. battery c. assault d. arson Answer: B 66. Suppose that, instead of punching Billy under the eye, Alvie swings at Billy and misses. Which of the following charges is most applicable to the missed punch? a. battery b. false imprisonment c. assault d. reckless endangerment Answer: C 67. Which of the following crimes has Alvie not committed? a. kidnapping b. burglary c. theft d. false imprisonment Answer: A Larry, a career criminal, is in need of rent money. He decides to go on a crime spree. He goes to a house with the intent of stealing something, only to find the homeowner standing in the driveway. The homeowner confronts Larry, who punches him in the face. Larry then brandishes a gun and forces the homeowner into the homeowner’s car. The car is driven around town for two miles, and then the homeowner is released. 68. Larry’s brandishing of a gun, on its own, could be construed as: a. battery b. assault with a deadly weapon c. stalking d. armed robbery Answer: B 69. Larry’s actual punching of the man is most likely to be charged as: a. assault with a deadly weapon b. battery c. mayhem d. disorderly conduct Answer: B 70. By driving the homeowner around town for two miles, Larry has implicated himself in: a. stalking b. a hate crime c. kidnapping d. false imprisonment Answer: C 71. If Larry had exhibited a previous pattern of harassing this homeowner and trespassing upon the man’s land, that activity would be most relevant to a discussion of which criminal charge? a. mayhem b. stalking c. kidnapping d. false imprisonment Answer: B Anna is a teacher at a high school. She has sexual relations with a boy who is a student at that school, but who is not in one of her classes. The boy’s age actually places him under the age of consent in their state. 72. If statutory rape is considered a strict liability offense in their jurisdiction, which one of these defenses would provide Anna with the best opportunity to avoid criminal liability in this case? a. No sexual activity occurred. b. The boy looked older than he was. c. The boy showed her a fake ID indicating that he was older than he really was. d. The boy was not a student in one of her classes. Answer: A 73. The issue of whether the young man consented to sex would be most relevant if the charges against the teacher included which of these? a. statutory rape b. false imprisonment c. rape d. stalking Answer: C Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131

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