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Chapter 8: Property Crimes 1. Under the English common law, burglary was a felony involving the breaking and entering of a dwelling during either day or night with the intent to commit an offense therein. Answer: False 2. A defendant is prosecuted for burglary under a modern state statute. The evidence reveals that he merely stuck his foot in the door and kicked the homeowner. He defends on the ground that he had not made a sufficient entry. Defendant will likely be successful in his defense. Answer: False 3. Modern arson statutes typically expand on the common-law definition of arson by making it unlawful to cause fire or explosion damage to a structure irrespective of whether it is a dwelling. Answer: True 4. As the common law developed, personal property generally consisted largely of intangible items. Answer: False 5. A defendant could be convicted of larceny under the common law for wrongful appropriation of personal even if there was no intent to permanently deprive the owner of that property. Answer: False 6. The offenses of embezzlement and false pretenses were both received as part of the common law by the new American states. Answer: False 7. Only a few states now have statutes broadening the scope of common-law larceny. Answer: False 8. Sally gave her mechanic a check for $300 in payment for car repairs. The bank dishonored her check because her account balance was less than $200. Sally could be prosecuted for uttering a forged instrument. Answer: False 9. A mere trespass to land or personal property was not a crime at common law unless it was committed forcibly or maliciously. Answer: True 10. The value of the property taken does not usually affect the degree of the crime of robbery, as it does that of theft. Answer: True 11. Most states have laws criminalizing the mere possession of burglar’s tools. Answer: True 12. Arson at common law consisted of the burning of one’s own dwelling in order to defraud an insurance company. Answer: False 13. Today, for there to be a burglary, the unlawful entry must take place at night. Answer: False 14. At common law, the offenses of larceny and robbery were general-intent crimes. Answer: False 15. Carjacking is strictly a federal offense, but has not yet been criminalized by the states. Answer: False 16. Extortion is often referred to as “blackmail.” Answer: True 17. Because penalties for theft are graded according to the value of items stolen, prosecutors must produce evidence to prove the value of goods or services stolen. Answer: True 18. At common law, obtaining property by false pretenses was a misdemeanor that involved obtaining wares or merchandise of another with the intent to cheat or defraud that person. Answer: True 19. At common law, extortion was defined as the fraudulent making or alteration of a document to the prejudice of another man’s right. Answer: False 20. In a prosecution for theft, a defendant may not raise the defense of mistake of fact. Answer: False 21. In a prosecution for grand theft of the first or second degree the state must prove the value of the goods stolen. Which of the following are relevant in determining value? a. the original cost of the goods b. the manner in which the goods have been used c. the condition of the goods d. All of these Answer: D 22. Most jurisdictions have enacted statutes making it a crime to burn any property with the intent to defraud an insurance company, usually requiring the prosecution to prove ___________. a. the defendant’s specific intent to defraud b. that the property was completely destroyed c. that the defendant’s insurance policy was currently in effect d. none of these Answer: A 23. Which of the following is not an example of forgery under modern criminal statutes? a. A student alters his grades on an official college transcript submitted to a graduate school. b. A woman signs her husband’s former wife’s name to a deed conveying land without the former wife’s permission. c. A husband signs his wife’s name to a check on his wife’s checking account with his wife’s permission but without a signed power of attorney required by the bank. d. A man prints bogus tickets to a college football game with the intent to sell them. Answer: C 24. At common law, one wrongfully deprived of property was entitled to recover damages for the tort of _________. a. false pretenses b. animus furundi c. caveat emptor d. conversion Answer: D 25. Joey bought a ticket to the Sugar Bowl game in New Orleans. Joey had a car but did not have enough money to buy the gasoline for the trip to the game. He stopped at an oldfashioned “full service” gas station near Birmingham and said to the attendant “Fill ‘er up.” The sign at the station said “No credit.” The moment the attendant finished pumping the gas into Joey’s car, Joey sped off without paying. On these facts the state of Alabama charged Joey with robbery. Which of the following statements indicates the most likely outcome of Joey’s trial? a. Joey would be convicted of robbery since he carried away personal property of another in a forceful manner. b. Joey would likely be convicted of theft. c. Joey would likely be convicted of burglary on the basis that he entered the station with the intent to commit a felony therein. d. Joey would likely be found not guilty of any crime because there was insufficient evidence from which the jury could infer that he harbored a criminal intent. Answer: B 26. Nelly is a bank teller. She has manipulated the bank books by diverting funds belonging to the bank into her own account and has withdrawn those funds. Upon discovery by the bank, she will most likely be charged with ___________. a. false pretenses b. receiving stolen property c. embezzlement d. none of these Answer: C 27. Jacqueline sends an email to Patrick, threatening to “spread the word around town” that he is a carrier of the AIDS virus unless he sends her the $1,000 she needs to pay her gambling debts. Jacqueline may be prosecuted for ___________. a. bribery b. perjury c. false pretenses d. extortion Answer: D 28. In an attempt to “get even” with his ex-girlfriend, Mike breaks the window of her bedroom and hides in her closet with an intent to sexually assault her when she arrives. Of which of the following offenses would Mike be guilty? a. sexual assault b. burglary c. disorderly conduct d. none of these Answer: B 29. At common law, forgery was ___________. a. not an offense b. a tort c. a felony d. a misdemeanor Answer: D 30. One who produces counterfeit securities with the intent to defraud a potential buyer of same would be guilty of the crime of _________. a. malicious mischief b. robbery c. extortion d. forgery Answer: D 31. The offenses of embezzlement and false pretenses were created originally by _____. a. Congress b. the English courts c. Parliament d. none of these Answer: C 32. Altering grades on a college transcript might cause one to be prosecuted for _____. a. malicious mischief b. embezzlement c. extortion d. none of these Answer: D 33. Which one of the following is not a federal crime? a. Unlawfully taking the contents of a vehicle moving in interstate commerce. b. Obtaining lodging at a motel while attending a federal employees’ convention with no intention of paying the motel charges. c. Converting to one’s own use property records of the U.S. Dept. of Interior. d. Embezzlement of funds in connection with a federal Medicare program. Answer: B 34. Theft statutes usually classify the seriousness of the offense based on the _____ of the goods that are stolen. a. age b. original purchase price c. sentimental value d. market value Answer: D 35. Since the 1970s the trend has been for the states to replace their disparate statutes defining various aspects of stealing with an omnibus statute prohibiting ________ in comprehensive terms. a. theft b. robbery c. fraud d. none of these Answer: A 36. In the United States all jurisdictions have enacted statutes to eliminate the common-law requirement that the offense of _________ take place in the nighttime. a. burglary b. robbery c. extortion d. none of these Answer: A 37. Federal law treats counterfeiting of government bonds as ________. a. forgery b. robbery c. extortion d. embezzlement Answer: A 38. Most states define _______ much as did the common law, however, many now classify the offense by degrees depending on whether the accused is armed, the extent of force used or injury inflicted and, in some instances, the vulnerability of the victim. a. stalking b. extortion c. robbery d. none of these Answer: C 39. Statutes commonly impose enhanced punishment for burglary of a ________. a. business b. church c. school d. dwelling Answer: D 40. A statute making it an offense to burn a structure with the intent to defraud an insurer is an example of a _________ statute. a. strict liability b. general-intent c. specific-intent d. None of these Answer: C 41. Milo has stolen a lawnmower from a storage shed behind a neighbor’s house. Because the shed was within the curtilage of the home, the most serious offense Milo has committed is _________. a. trespass b. burglary c. arson d. theft Answer: B 42. While playing softball in his back yard, Maurice hits the ball over the fence and shatters a neighbor’s window. Upon the neighbor’s complaint to the police, Maurice would likely be charged with ______. a. trespass b. extortion c. malicious mischief d. none of these Answer: D 43. Which of the following does NOT represent an extension of the crime of arson under modern American statutes? a. Defining the offense of arson to include commercial buildings. b. Including vehicles in the definition of the offense of arson. c. Providing that use of explosives to damage a structure constitutes arson. d. Treating all instances of malicious mischief as arson if they are directed at someone’s home. Answer: D 44. In order to convict a person of possession of burglar’s tools where that person has possession of common household tools such as screwdrivers and ice picks, the prosecution must prove _________. a. the defendant’s intent to use the tools for burglarious purposes b. only that such tools could be used to gain entry to a structure c. that such tools had recently been borrowed from a neighbor d. that similar tools had been used in recently burglaries in the area Answer: A 45. According to federal law, “Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation or attempts to so…” has committed the offense of __________. a. grand theft auto b. armed robbery c. carjacking d. petty larceny Answer: C 46. One who forcibly and with intent to cause bodily harm takes someone else’s automobile that was shipped in interstate commerce may be charged with the federal offense of __________. Answer: carjacking 47. At common law, the “taking” element of the offense of larceny was called the ______. Answer: caption 48. One who makes a purchase through use of a stolen or otherwise fraudulently obtained credit card may be found guilty of _________ under most modern state statutes. Answer: larceny; theft 49. Another term for the offense of malicious mischief is ______. Answer: vandalism 50. The offense of _________ takes place when a person who has lawful possession of another’s property wrongfully appropriates that property. Answer: embezzlement 51. The common law defined __________ as a felony consisting of (1) a taking of personal property (2) from another person’s possession (3) by force or placing a person in fear (4) with the intent to permanently deprive the victim of the property. Answer: robbery 52. The common-law offense of burglary protected not only the dwelling house but also the buildings within the _________, i.e., the enclosure that typically included the cookhouse and other similar structures. Answer: curtilage 53. The gist of the modern offense of ________ is obtaining something of value from someone by threatening to expose the victim to some form of injury, embarrassment, or disgrace. Answer: extortion 54. Parliament enacted the offense of _________ in 1799, too late to be received by the new American states as part of the common law. Answer: embezzlement 55. The most basic common-law offense against the possessory interests of another’s personal property was _________. Answer: larceny 56. At the time the United States was founded, the common law recognized two theft offenses: larceny and ___________. Answer: false pretenses 57. The common law defined ___________ as the wrongful taking and carrying away of the personal property of another with intent to permanently deprive the owner of the property. Answer: larceny; theft 58. At common law, larceny required proof of a wrongful taking and carrying away of another’s personal property, whereas ________ referred to servants and others with a fiduciary relationship wrongfully converting assets. Answer: embezzlement 59. At common law, ____________ consisted of taking another’s personal property from the other person’s possession or presence by force or by placing the person in fear, with the intent to permanently deprive the other person of that property. Answer: robbery 60. Many states simply define robbery as did the common law; others classify it according to degree, with the seriousness of the offense usually based on whether the assailant is armed, the degree of force used, and the __________ of the victim. Answer: vulnerability 61. Federal law makes _________ a crime by stipulating that “[w]hoever, with the intent to cause death or serious bodily harm, takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation or attempts to so. . .” is guilty of a felony. Answer: carjacking 62. Federal law provides that “[w]hoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States” commits _________. Answer: forgery 63. The offense known as ___________ occurs when a person knowingly delivers a forged check to someone in exchange for cash or merchandise. Answer: uttering a forged instrument 64. Most states have laws making it a crime to burn any property with the intent to defraud an insurance company, usually requiring the prosecution to prove the defendant’s __________ to defraud. Answer: specific intent 65. At common-law, wrongfully/willfully damaging someone else’s property was called ___________. Answer: malicious mischief Charlie is sitting at the train station waiting for his commuter train. Bernie, a stranger, approaches from behind and removes Charlie’s wallet from his coat pocket. Charlie does not realize that his wallet his missing until he gets home several hours later. 66. Bernie acquired Charlie’s wallet by means of: a. burglary b. robbery c. theft d. embezzlement Answer: C 67. Had Bernie struck Charlie in the head and knocked him unconscious before taking his wallet, he would have been guilty of: a. burglary b. robbery c. mayhem d. extortion Answer: B 68. In most jurisdictions, the value of the wallet and the money contained therein would be relevant to which of the following charges? a. robbery b. burglary c. theft d. embezzlement Answer: C Sally needs money to support her drug habit. Her neighbor, Tommy invites Sally to a party at his house. Sally decides to hide in a closet and wait until all of the guests have left—so that she can then steal Tommy’s valuables. Once Tommy falls asleep, Sally ransacks the house and steals jewelry. After taking the jewelry, she lights a small fire in the hope of destroying evidence of her crime. The fire ends up destroying the home. 69. The fact that Sally was invited into the home is: a. irrelevant as a defense to burglary. b. relevant to reducing a burglary charge to theft. c. is the key reason for eliminating any chance of a robbery charge. d. a defense to a charge of theft. Answer: A 70. Sally’s intention to start only a small fire is: a. unlikely to eliminate a charge of arson. b. likely to eliminate a charge of arson. c. relevant for eliminating a key element of burglary. d. relevant for eliminating a key element of robbery. Answer: A 71. Let’s say that Sally had also waited outside the house for Tommy to flee from the fire, and then brandished a gun to steal a gold watch that Tommy was wearing. The acquisition of the watch in this fashion would constitute: a. burglary b. robbery c. false imprisonment d. stalking Answer: B Tommy gets his insurance check for a fire that destroyed his home. However, he is unhappy with the amount that his insurance company has given him. As a result, Tommy alters the numbers on the check so that the amount increases by $100,000. After he is arrested for cashing this altered check, Tommy needs money to pay his lawyer. Tommy acquires this money by making an unauthorized withdrawal from a bank account belonging to the company where he works. When even that isn’t enough, he locates his neighbor Sally, who is out on bail for her own legal problems. Tommy threatens to burn down Sally’s house if she doesn’t give him $100,000 in cash. NARREND 72. The act of changing the amount on the check received for fire damage on the house would most likely result in Tommy being charged with: a. embezzlement b. forgery c. extortion d. arson Answer: B 73. The threats made toward Sally would most likely land Tommy a charge of: a. embezzlement b. false pretenses c. extortion d. robbery Answer: C 74. If Tommy spray painted threats on Sally’s door, he might also face a charge of: a. malicious mischief b. burglary c. extortion d. assault Answer: A 75. If he were not authorized to do so, Tommy’s act of transferring money from his business partnership account without the knowledge of his partner in order to pay his lawyer could be construed as: a. robbery b. false pretenses c. extortion d. embezzlement Answer: D Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131

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