related to criminal law quiz with eight questions

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.

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.

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.

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.

A

Personal property above the value of $500.

B

Real property.

C

All movable property.

D

Both personal and real property.

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.

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.

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.