Criminal Law – Questions With Answers
1. James Chow, a 21-year-old college junior, is arrested for driving under
the influence on his way home from a weekend fraternity party. James
pleads guilty to the offense, but the judge sentences him to the maximum
six months in the county jail. At the sentencing hearing, the judge
addresses James regarding the sentence: "I'm doing this to teach you a
lesson, so that for
the rest of your life you'll never get behind the driver's wheel if you've been
drinking."
Which of the following theories of punishment has the court primarily relied
on in sentencing?
a)retribution.
b)general deterrence.
c)specific deterrence.
d)rehabilitation.
e)incapacitation.: specific deterrence.
2. Khalil's cousin drops him off at the Denver airport. Khalil smells
marijuana, but does not think about it because his cousin smokes it all the
time. However, his cousin had placed an ounce in Khalil's suitcase without
his knowledge. A TSA drug dog alerts to Khalil's suitcase when he arrives in
Dalworth City. The prosecutor charged Khalil with simple possession of
marijuana.
Should Khalil be found guilty of simple possession of
marijuana? a)Yes, because Khalil owned the suitcase with the
,marijuana.
b) Yes, because Khalil had marijuana in his suitcase.
c) No, because Khalil did not know that the marijuana was in his suitcase.
d) No, because only Khalil's cousin could have possessed the marijuana.:
No, because Khalil did not know that the marijuana was in his suitcase
3. Rick was very drunk at a huge graduation party he threw at his house.
Officer Friendly went to Rick's house due to a noise complaint, and Rick
answered the door. It was apparent to Officer Friendly that Rick was very
drunk. Officer Friendly asked him to step outside, or the police would raid
his house. When Rick walked over to the street to talk with Officer Friendly
at the police car, she charged Rick with public intoxication.
Should the district attorney prosecute Rick for public intoxication?
a) Yes, because Rick satisfied the actus reus requirement when he got drunk.
b) Yes, because the law does not have an actus reus requirement.
c) No, because an actus reus requirement will not be inferred by the
courts, and Rick's conduct did not constitute a violation of the law.
d) No, because even if the court infers an actus reus requirement, Rick did
not
violate the law: a)No, because an actus reus requirement will not be
inferred by the courts, and Rick's conduct did not constitute a violation
of the law.
4. A defendant is charged with an offense under a statute that provides as
follows: "Any person who, while intoxicated, appears in any public place
and manifests a drunken condition by obstreperous or indecent conduct is
guilty of a misdemeanor."
,At trial, the evidence shows that the defendant was intoxicated when police
officers burst into his house and arrested him pursuant to a valid warrant.
It was a cold night, and the officers hustled the defendant out of his house
without giving him time to get his coat. The defendant became angry and
obstreperous when the officers refused to let him go back into the house to
retrieve his coat. The officers left him handcuffed outside in the street,
waiting for a special squad car to arrive. The arrest warrant was later
vacated.
Can the defendant properly be convicted of violating the statute?
(A) No, because the defendant's claim of mistreatment is valid.
(B) No, because the statute requires proof of a voluntary appearance in
a public place.
(C) Yes, because the defendant voluntarily became intoxicated.
(D) Yes, because the defendant voluntarily behaved in an obstreperous
man- ner.: No, because the statute requires proof of a voluntary
appearance in a public place.
5. A police officer encountered a methamphetamine addict at a park. The
addict did not have any methamphetamine on him, but he was carrying a
pipe that he used to smoke methamphetamine in support of his addiction.
The officer charged the addict with possession of drug paraphernalia
pursuant to a state law criminalizing such possession.
, Is the addict likely to be found guilty of this offense?
a) Yes, because he is being charged for his conduct as opposed to his
addic- tion.
b) Yes, because his status as a methamphetamine addict is not protected.
c) No, because he cannot be charged for his status of being a
methampheta- mine addict.
1. James Chow, a 21-year-old college junior, is arrested for driving under
the influence on his way home from a weekend fraternity party. James
pleads guilty to the offense, but the judge sentences him to the maximum
six months in the county jail. At the sentencing hearing, the judge
addresses James regarding the sentence: "I'm doing this to teach you a
lesson, so that for
the rest of your life you'll never get behind the driver's wheel if you've been
drinking."
Which of the following theories of punishment has the court primarily relied
on in sentencing?
a)retribution.
b)general deterrence.
c)specific deterrence.
d)rehabilitation.
e)incapacitation.: specific deterrence.
2. Khalil's cousin drops him off at the Denver airport. Khalil smells
marijuana, but does not think about it because his cousin smokes it all the
time. However, his cousin had placed an ounce in Khalil's suitcase without
his knowledge. A TSA drug dog alerts to Khalil's suitcase when he arrives in
Dalworth City. The prosecutor charged Khalil with simple possession of
marijuana.
Should Khalil be found guilty of simple possession of
marijuana? a)Yes, because Khalil owned the suitcase with the
,marijuana.
b) Yes, because Khalil had marijuana in his suitcase.
c) No, because Khalil did not know that the marijuana was in his suitcase.
d) No, because only Khalil's cousin could have possessed the marijuana.:
No, because Khalil did not know that the marijuana was in his suitcase
3. Rick was very drunk at a huge graduation party he threw at his house.
Officer Friendly went to Rick's house due to a noise complaint, and Rick
answered the door. It was apparent to Officer Friendly that Rick was very
drunk. Officer Friendly asked him to step outside, or the police would raid
his house. When Rick walked over to the street to talk with Officer Friendly
at the police car, she charged Rick with public intoxication.
Should the district attorney prosecute Rick for public intoxication?
a) Yes, because Rick satisfied the actus reus requirement when he got drunk.
b) Yes, because the law does not have an actus reus requirement.
c) No, because an actus reus requirement will not be inferred by the
courts, and Rick's conduct did not constitute a violation of the law.
d) No, because even if the court infers an actus reus requirement, Rick did
not
violate the law: a)No, because an actus reus requirement will not be
inferred by the courts, and Rick's conduct did not constitute a violation
of the law.
4. A defendant is charged with an offense under a statute that provides as
follows: "Any person who, while intoxicated, appears in any public place
and manifests a drunken condition by obstreperous or indecent conduct is
guilty of a misdemeanor."
,At trial, the evidence shows that the defendant was intoxicated when police
officers burst into his house and arrested him pursuant to a valid warrant.
It was a cold night, and the officers hustled the defendant out of his house
without giving him time to get his coat. The defendant became angry and
obstreperous when the officers refused to let him go back into the house to
retrieve his coat. The officers left him handcuffed outside in the street,
waiting for a special squad car to arrive. The arrest warrant was later
vacated.
Can the defendant properly be convicted of violating the statute?
(A) No, because the defendant's claim of mistreatment is valid.
(B) No, because the statute requires proof of a voluntary appearance in
a public place.
(C) Yes, because the defendant voluntarily became intoxicated.
(D) Yes, because the defendant voluntarily behaved in an obstreperous
man- ner.: No, because the statute requires proof of a voluntary
appearance in a public place.
5. A police officer encountered a methamphetamine addict at a park. The
addict did not have any methamphetamine on him, but he was carrying a
pipe that he used to smoke methamphetamine in support of his addiction.
The officer charged the addict with possession of drug paraphernalia
pursuant to a state law criminalizing such possession.
, Is the addict likely to be found guilty of this offense?
a) Yes, because he is being charged for his conduct as opposed to his
addic- tion.
b) Yes, because his status as a methamphetamine addict is not protected.
c) No, because he cannot be charged for his status of being a
methampheta- mine addict.
