1- The difference between murder and manslaughter as to the mental intent is malice. true or false ?
2- A gun does not have to be completely hidden to be concealed. true or false ?
3- An assault with intent to commit rape is complete only when the accused has slight penetration of the victim's vagina. true or false ?
5- An individual would not be arrested for an assault if he pointed an unloaded gun and attempted to fire at the victim. true or false ?
6- Any person who throws any substance at a vehicle or any occupant thereof on a highway, is guilty of a felony. true or false ?
7- If a suspect hits someone in the face and they fall back and hit their head and die, most likely, the charge would be _________ manslaughter.
8- Embezzlement of public funds is a misdemeanor. true or false ?
9- Entry into a structure for the crime of burglary is "entry no matter how slight." true or false ?
10- An example of a structure for the crime of burglary includes which one ? -Parachute
11- First degree murder requires_______ malice.
12- For a theft to occur, you must have which of the following ? -Consent to take.
-A permanent taking of someone else's property at the time of the theft.
-A taking of the property by accident.
-A taking of the property thinking that it belongs to you.
13- Force of fear means which one ? -The fear has to be personal.
-Force must be violent.
-Force or fear has to involve a struggle.
-None of the above.
14- Generally speaking you can't burglarize your own home. true or false ?
15- Grand theft occurs when the money value of property that is taken is above $950. true or false ?
16- An individual would be criminally responsible for an assault if he were a parapalegic and he'd threatened to kick the victim. true or false ?
17- If a police officer kills someone and his actions were reasonable, this is called a ________ homicide.
18- If a victim is bound and gagged in one room, it is still considered "immediate presence" for purposes of robbery, if items that belonged to the victim were taken from another room in the same location. true or false ?
19- If someone was poisoned, the defendant could be charged with __________ degree murder.
20- In a theft, the taking of the property does not have to permanently deprive the owner of the use of his property at the time the property was stolen. true or false ?
21- In the crime of embezzlement, possession and title to the property passes to the suspect. true or false ?
22- Individuals who are known drug addicts are still allowed to possess firearms. true or false ?
24- If a suspect tries to punch victim A, but misses, this is the crime of ______ ?
25- Inflicting injury on someone that an individual cohabitates with is generally considered domestic violence. true or false ?
26- It is a felony to possess which of the following ? -Antique pistol.
-2 1/2" folding knife.
-Gun with incomplete parts.
27- It is illegal to point a replica firearm in a rude and threatening manner. true or false ?
28- A peace officer must have probable cause to inspect or examine a firearm in a public place. true or false ?
29- Malice does not necessarily mean hatred or ill will towards someone. true or false ?
30- Murder in the second degree requires ________ malice?.
31- Murder which is committed in the perpetration of any felony is murder in the first-degree. true or false ?
32- No actual touching of another is necessary to constitute an assault. true or false ?
33- One can commit burglary and still not physically enter a building. true or false ?
34- One would not be guilty of burglary even though he entered a building with the intent to steal,but abandoned his purpose once inside and left without taking anything. true or false ?
35- Possession of a rifle with a barrel length less than 18 inches or an overall length of 26 inches or less is illegal to possess. true or false ?
37- Possession of burglary tools can include which ? -Screwdriver
-All of the above
38- Possession of stolen property is enough to prove guilt. true or false ?
39- If the suspect borrows a car from a victim and then decides not to give the vehicle back, this is the crime of embezzlement. true or false ?
40- When a homicide occurs and it was done as a result of a lawful act and by way of lawful means, this type of homicide is called _____ ?
41- The crime of battery is basically a completed assault. true or false ?
42- Who can lawfully carry a loaded firearm?
43- The death of an individual must occur within 3 years and a day in order to be considered a criminal homicide. true or false ?
44- The difference between extortion and robbery is that extortion is done with the consent of the owner of the property through force or fear. true or false ?
45- The doors on a vehicle must be locked for a burglary to have occurred when the entry point is the trunk. true or false ?
46- The following is an example of a robbery ? -Removing a wallet from someone's back pocket without their knowledge.
-Threatening to burn down someone's house if they don't give you their money.
-Take something out of someone's purse when the purse is unattended.
-None of the above.
47- The main difference between robbery and theft is the use of force or fear to accomplish the crime. true or false ?
48- The taking of property by robbery from one who is not the true owner is merely a theft. true or false ?
49- There is no crime for the driver of a vehicle if a passenger is carrying a weapon and the driver is aware of the possession. true or false ?
51- Throwing a drink in someone's face constitutes the crime of ______?
52- To determine if someone has received stolen property, indications would be which ? -Questionable character of the seller
-Low price at which it was being sold
-Lack of explanation for possession.
-All of the above
53- Unauthorized breaking into a building for the purpose of retrieving one's own property is not burglary. true or false ?
54- Unlawfully spitting on another consitutes battery. true or false ?
55- Voluntary manslaughter requires ________ provocation ?
56- Walking into a super market during business hours for the purpose of stealing a loaf of bread constitutes burglary. true or false ?
57- When a killing occurs during the perpetration of a rape or robbery, the defendant would be prosecuted under the _______ rule ?
58- You can be charged with the crime of receiving stolen property for which ? -Even if you are charged with a theft of that property.
-Even if you didn't know it was stolen
-Even if you think that the price paid was reasonable
-All of the above
59- You can legally carry tear gas for self defense. true or false ?
60- To convict someone of a criminal homicide, the victim's death must occur due to an intentional killing, through negligence, or failure to required act. true or false ?
61- Motive is a legally required element of any first-degree murder. true or false ?
62- The difference between voluntary manslaughter and involuntary manslaughter is malice. true or false ?
63- Under no circumstances may the death penalty be imposed upon any person who was under 18 when the crime was committed. true or false ?
64- Killing in the perpetration of certain felonies is considered first degree murder whether it was intentional, unintentional, and even accidental. true or false ?
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