related to criminal law quiz with eight questions
Which one of the following statements best describes how all
U.S. jurisdictions determine criminal liability when property is obtained
through presentation of an insufficient funds check (“bad check”)?
A
All jurisdictions treat the passing of a bad check as the
crime of larceny.
B
All jurisdictions treat the passing of a bad check as the
crime of false pretenses.
C
All jurisdictions have enacted bad check legislation creating
a new crime which provides for more severe penalties than false pretenses.
D
All jurisdictions have enacted bad check legislation creating
a new crime which provides for less severe penalties than false pretenses.
If a jurisdiction has both an older statute defining the crime
of false pretenses and a new statute defining the crime of passing a bad
check, and both statues remain in effect but are in conflict, which statute
generally will govern a current criminal action against the defendant for
presentation of a bad check?
A
The false pretenses statute will govern.
B
The bad check statute supersedes the older false pretenses
statute.
C
The judge can select whichever statute provides for a harsher
penalty.
D
The judge can select whichever statute provides the more
lenient penalty.
Which one of the following statements best describes the
required elements for the crime of receiving stolen property?
A
Receiving stolen property, regardless of whether the
recipient knows the property is stolen.
B
Receiving stolen property, knowing the property is stolen.
C
Receiving stolen property, knowing the property is stolen,
with the intent to deprive the owner of the property.
D
Receiving stolen property, knowing the property is stolen,
with the intent to deprive the owner of the property and to reap financial
gain through sale of the property.
Which of the following statements accurately describes how
modern courts have ruled on the scope of liability for the crime of
receiving stolen property case?
A
To restrict the scope of liability by requiring actual
knowledge that the property was stolen.
B
To restrict the scope of liability to include only property
obtained by larceny.
C
To broaden the scope of liability to include property
obtained by larceny, embezzlement, and false pretenses.
D
None of the above accurately describes how modern courts have
ruled.
Which one of the following accurate states how the Model Penal
Code defines the “property” element of the crime of receiving stolen
property?
A
Personal property above the value of $500.
B
Real property.
C
All movable property.
D
Both personal and real property.
Assume that the police capture and arrest a thief with stolen
property before he has time to pass it on to the intended receiver of that
stolen property. The thief agreed to cooperate with the police, and then
sold the property to the intended receiver who believed it is stolen
property. In modern jurisdictions that follow the Model Penal Code, which
one of the following statements is true?
A
The receiver is not guilty of any crime since he did not
receive property that was stolen as it had lost its character as stolen
once it had been recovered by the police.
B
The receiver is guilty of the crime of attempted receipt of
stolen property.
C
The receiver is guilty of receiving stolen property since he
had believed the property to be stolen.
D
The receiver is not guilty of either the receipt of stolen
property or attempted receipt of stolen property because the property is
no longer stolen once the thief is captured and arrested by the police.
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Which of the following accurately states the holding of the
court in Milanovich v. United States, 365 U.S. 551 (1961)?
A
The crimes of larceny and receipt of stolen property are
distinct and neither will merge into the other, so the defendant can be
convicted of both crimes.
B
Congress created the crime of receiving stolen property to
reach a new group of wrongdoers, not to multiply the offense of the thief;
thus, defendant cannot be convicted of both larceny and receipt of stolen
property.
C
If defendant was a principle, not an accessory, in the
commission of the theft, then she can be convicted of both crimes.
D
None of the above accurately states the holding of the case.
Which one of the following defendants would not have a valid
defense to the crime of receiving stolen property?
A
Defendant honestly, though mistakenly through an unreasonable
mistake of fact, believed the property was not stolen.
B
Defendant was intoxicated to the extent that the intoxication
negated the existence of Defendant’s knowledge the property was stolen.
C
Defendant was insane at the time of the crime.
D
Defendant claims entrapment because he received property
stolen by a thief believing it to be stolen, but the thief was under
arrest and acting as an agent of the police with instructions to sell the
property to Defendant.
