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criminal law

HomeworkAsk a Homework Question, Get an Answer ASAP!Not a Homework Question?How JustAnswer Works:Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.Get a Professional AnswerVia email, text message, or notification as you wait on our site.Ask follow up questions if you need to.100% Satisfaction GuaranteeRate the answer you receive.Ask Chris M. Your Own QuestionChris M., M.S.W. Social WorkCategory: HomeworkSatisfied Customers: 2399Experience:  Master’s Degree, strong math and writing skills, experience in one-on-one tutoring (college English)Type Your Homework Question Here…Chris M. is online now[removed][removed] [removed]1 Marks: 2 According to the New York Jury Instructions,Resolved Question:1Marks: 2According to the New York Jury Instructions, the law requires the People to prove a defendant guilty beyond all possible doubtChoose one answer.a. trueb. falseQuestion 2Marks: 2Actus Reus is a term that meansChoose one answer.a. Intentb. Negligencec. Trespatory Takingd. Guilty ActQuestion 3Marks: 2Ala. Code §12-15-34(d) lists 6 factors in assessing transferability of a juvenile case to an adult case. Which of the following is not a factor?Choose one answer.a. nature of the present offenseb. child’s prior recordc. demeanord. location of the offenseQuestion 4Marks: 2All criminal laws have been codifiedChoose one answer.a. Falseb. TrueQuestion 5Marks: 2An inference isChoose one answer.a. always unconstitutionalb. a permissive presumptionc. a mandatory presumptiond. a conclusive presumptionQuestion 6Marks: 2Boswell is charged with a misdemeanor. He may be sentenced for his crime with incarceration for a length of up toChoose one answer.a. 5 – 15 yearsb. 3 yearsc. 1 yeard. 15 yearsQuestion 7Marks: 2Cage v. Louisiana was a United State Supreme Court case examining instructions on which of the followingChoose one answer.a. a definition for reasonable doubtb. Ex Post Factoc. A and Bd. None of the aboveQuestion 8Marks: 2Changes in the law favoring the Defendant can be applied retroactively.Choose one answer.a. Trueb. FalseQuestion 9Marks: 2Ex Post Facto laws areChoose one answer.a. forbiddenb. encouragedc. formed in anticipation of an upcoming eventd. aimed at repeat traffic violatorsQuestion 10Marks: 2Generally, an omission or failure to act is not a basis for criminal liability.Choose one answer.a. Trueb. False11Marks: 2If a jury is required to find Fact B if it found Fact A, it is considered an example of which of the followingChoose one answer.a. conclusive presumptionb. unconstitutionalc. inferenced. permissive presumptionQuestion 12Marks: 2If a person is unable to ascertain that his conduct is forbidden by law, that law is considered unconstitutional due toChoose one answer.a. ex Post Factob. vaguenessc. contradictiond. abandonmentQuestion 13Marks: 2If the government initiates the crime and the defendant was not predisposed to commit said crime, the defense would beChoose one answer.a. entrapmentb. duressc. insanityd. infancyQuestion 14Marks: 2In a criminal case, most issues relevant to the criminal liability must be established, by the State by which of the followingChoose one answer.a. beyond a reasonable doubtb. by a preponderance of the evidencec. more likely than notd. clear and convincingQuestion 15Marks: 2In a criminal case, the Burden of Proof lies with the Defendant.Choose one answer.a. falseb. trueQuestion 16Marks: 2In Patterson v. New York, 432 U.S. 197 (1977), the US Supreme Court held that it was unconstitutional for the Defendant to be required to prove an affirmative defense.Choose one answer.a. trueb. falseQuestion 17Marks: 2In the case of Hampton v. United States, 425 U.S. 484 (1976) the Defendant’s conviction was reversed by the US Supreme Court due to excessive governmental involvement in the crimeChoose one answer.a. Trueb. FalseQuestion 18Marks: 2Inchoate crimes include each of the following exceptChoose one answer.a. Attempted Murderb. Conspiracyc. Negligence – Inchoate crimes are defined as acts that imply an inclination to commit a crime that is never completed.d. SolicitationQuestion 19Marks: 2Malum In Se is:Choose one answer.a. immoral in its nature and injurious in its consequencesb. an insanity defensec. entrapmentd. the intent to commit a criminal actQuestion 20Marks: 2Malum Prohibitum is:Choose one answer.a. a wrong in itselfb. a legislatively prohibited wrongc. a law against drinkingd. a bad or invalid custom21Marks: 2Mistake of the law is an absolute defense.Choose one answer.a. Trueb. FalseQuestion 22Marks: 2Most courts, in a defense based on duress, require which of the followingChoose one answer.a. a threat of death or serious bodily harm usually to the Defendant himselfb. severe depressionc. loss of employmentd. none of the aboveQuestion 23Marks: 2Necessity differs from duress in thatChoose one answer.a. defendant’s conduct is usually precipitated by natural forces rather than human forcesb. defendant’s conduct is based on a compulsionc. defendant’s actions are based on human forces rather than natural forcesd. none of the aboveQuestion 24Marks: 2Strict Liability and Vicarious Liability are examples ofChoose one answer.a. Liability without Faultb. Feloniesc. Misdemeanorsd. Crimes justified by the 8th Amendment of the US ConstitutionQuestion 25Marks: 2Strict Liability crimes require mens rea.Choose one answer.a. Trueb. FalseQuestion 26Marks: 2The defense of involuntary intoxication is similar toChoose one answer.a. insanityb. voluntary intoxicationc. self defensed. necessityQuestion 27Marks: 2The general rule is that a person can use whatever force, short of deadly force, reasonably appears to be necessary to protect the property and/or prevent the crimeChoose one answer.a. Trueb. FalseQuestion 28Marks: 2The Model Penal Code rejects the traditional terminology of which of the following?Choose one answer.a. “specific intent” and “general intent”b. crimec. punishmentd. Strict LiabilityQuestion 29Marks: 2The M’Naghten test is employed to ascertain which of the followingChoose one answer.a. entrapmentb. insanityc. blood typed. propensityQuestion 30Marks: 2The M’Naghton Test is often employed in determiningChoose one answer.a. paternityb. mental capacity to distinguish right from wrongc. proximate caused. self-defense31Marks: 2The reason the burden of proof is so high in a criminal trial isChoose one answer.a. We are more concerned with what happens in a civil caseb. Most people don’t consider incarceration free room and boardc. Prosecutor’s appreciate the challenged. Society’s belief that we do more harm by convicting an innocent person than we do by acquitting one who is guiltyQuestion 32Marks: 2The subjective intent to commit an act that is against the law is known asChoose one answer.a. criminal intentb. specific intentc. general intentd. common intentQuestion 33Marks: 2The Supreme Court defines an Ex Post Facto law asChoose one answer.a. A law that aggravates a crime or makes it greater than when it was when committedb. A law that retroactively deems an act a criminal actc. A and Bd. None of the aboveQuestion 34Marks: 2Under Cal. Penal Code § 211-215, Robbery is classified as which of the following?Choose one answer.a. misdemeanorb. felonyc. tortd. capital crimeQuestion 35Marks: 2Under Cal. Penal Code § 25-29, which of the following IS considered CAPABLE of committing a crime?Choose one answer.a. Persons who committed the act charged without being conscious thereof.b. Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.c. Persons operating a motor vehicle while working in a governmental capacity.d. IdiotsQuestion 36Marks: 2Under Cal. Penal Code § 653.20, Loitering for the Purposes of Engaging in a Prostitution Offense is classified as which of the following?Choose one answer.a. tortb. felonyc. misdemeanord. capital crimeQuestion 37Marks: 2Under the Model Penal Code which of the following is not one of the four separately recognizable states of mind regarding intent?Choose one answer.a. Purposefullyb. Knowinglyc. Negligentlyd. IntentionallyQuestion 38Marks: 2Usually, actus reus and mens rea occurChoose one answer.a. concurrentlyb. at least one day apartc. unintentionallyd. vicariouslyQuestion 39Marks: 2Voluntary Intoxication is an absolute defenseChoose one answer.a. Trueb. FalseQuestion 40Marks: 2When the burden of proof is shifted to the Defendant the standard of proof is usuallyChoose one answer.a. beyond a reasonable doubtb. by a preponderance of the evidencec. clear and convincingd. none of the above41Marks: 2Which Amendment in the Bill of Rights limits punishment?Choose one answer.a. 1st Amendmentb. 3rd Amendmentc. 8th Amendmentd. 6th AmendmentQuestion 42Marks: 2Which case in your reading dealt with the Supreme Court’s upholding of a victimless crimeChoose one answer.a. People v. Griswoldb. Bowers v. Hardwickc. Payne v. Tenesseed. A and BQuestion 43Marks: 2Which of the following carries with it a potential sentence of over one year of incarceration?Choose one answer.a. misdemeanorb. felonyc. violationd. convictionQuestion 44Marks: 2Which of the following could negate criminal liability?Choose one answer.a. Mistake of Factb. Attemptc. Mergerd. Proximate CausationQuestion 45Marks: 2Which of the following defenses allows a person to use whatever force reasonably appears to be necessary to prevent the immediate unlawful imposition of harm to himselfChoose one answer.a. insanityb. intoxicationc. self-defensed. all of the aboveQuestion 46Marks: 2Which of the following is a legal device employed by courts to justify convicting someone who intends to harm one but, in fact, harms another?Choose one answer.a. Liability without faultb. Limitations on Liabilityc. Transferred Intentd. Model Penal CodeQuestion 47Marks: 2Which of the following is generally a necessary element of actus reus?Choose one answer.a. Insanityb. Injuryc. Self-Defensed. VoluntarinessQuestion 48Marks: 2Which of the following is not a presumption or inference, as defined in your reading?Choose one answer.a. Permissive Presumptionb. Opinion Presumptionc. Conclusive Presumptiond. Mandatory PresumptionQuestion 49Marks: 2Which of the following is not a purpose of punishment?Choose one answer.a. deterrenceb. restraintc. reformation/rehabilitationd. disproportionalityQuestion 50Marks: 2Which of the following is not one of the types of unlawful killings frequently classified as manslaughter?Choose one answer.a. killings perpetrated in the heat of passionb. killings resulting from outrageously reckless conductc. killings arising out of the perpetration of particular misdemeanorsd. killings caused out of general recklessness