1.Marcus and Bruce were hanging out. Marcus had some crack on him. He gave Bruce some to try. Which is the most accurate statement?

Marcus can be charged with criminal possession of a controlled substance and not criminal sale of a controlled substance - because Marcus possessed the drugs but did not sell them.

Marcus can be charged (and convicted) of criminal sale of a controlled substance even though he did not receive any money for the drugs.

Marcus can only be charged with criminal sale of a controlled substance if Marcus had the intent to sell the drugs - as opposed to the intent to gift or give the drugs.

Marcus cannot be charged (and convicted) of criminal sale of a controlled substance because he did not sell the drugs - instead he gave the drugs to Bruce.

2.David has a significant problem with cocaine. He gets pulled over by the police and consents to his car being searched. In searching his car, the police find 30 individually wrapped packets containing an off white substance that is later identified as cocaine. Which of the following statements is most accurate?

David will only be charged with possessing the drugs.

David will be charged with possessing drugs with the intent to sell them based upon the way the drugs were packaged.

David will not be charged with any crime.

None of the above.

3.Mitchell entered Brigg's house by climbing through an unlocked window. Once inside, Mitchell grabbed Brigg's play station and ran out the front door. Which statement is most accurate?

Mitchell committed a robbery.

None of the answers is correct.

Mitchell committed both a burglary and a robbery.

Mitchell committed a burglary.

4 Nathan was driving around a neighborhood and saw a house where it appeared that no one was home. (Nathan was short on cash and wanted to "help" himself to some cash.) Nathan managed to get into the house since the owners did not lock their front door. He looked all over the house and could only find $1.50 on the counter. Nathan took the $1.50 and left. Which statement is most accurate?

Nathan cannot be charged with a robbery since the amount of money he took was only $1.50.

Nathan has committed a robbery since he entered a house with the intent to commit a crime once he was inside.

Nathan will only be charged with a burglary if he actually "broke into" the house. The fact that the front door was not locked makes it so Nathan's actions do not constitute a burglary.

Nathan has committed a burglary since he entered a house with the intent to commit a crime inside the house.

Question 5

Dylan is 26 years old. He is out one night and meets Sabrina. Sabrina is 16 years old but looks to be in her mid 20s. Things are going well and Dylan and Sabrina go home with one another. Before Dylan and Sabrina have sex, Dylan asks to ID her. (Dylan figured she had to be over 21 because he met her out in a bar, but he did not want to take any chances.) Sabrina produced a fake ID but Dylan could not tell it was fake. (The fake ID was so well done that only a professional would have been able to tell that Sabrina had a fake ID). Dylan and Sabrina have sex. Which statement is most accurate?

Dylan will only be charged with attempted statutory rape because he took appropriate precautions to avoid having sex with a minor.

Dylan can be arrested and charged with statutory rape. However, if Dylan can prove that he thought Sabrina was older and that he took every precaution to check her age, he will not be prosecuted.

As long as Sabrina consented to have sex with Dylan, Dylan will not be arrested and charged with rape.

Dylan can be arrested and charged with statutory rape. It does not matter that he thought Sabrina was older. It does not matter that he checked her ID.

Question 6

Derryl the defendant was walking down the street. He saw Cassie and decided he would pull his gun out and tell Cassie to "run her pockets"- in other words - to give him all of her money.Cassie gave Derryl the defendant all the money in her purse. Which statement is most accurate?

Derryl can be charged with only an attempted robbery because he never used the gun.

Derryl can be charged with only a larceny.

Derryl cannot be charged with either a robbey.

Derryl can be charged with a robbery.

Question 7

Jack and his girlfriend, Darcy, are driving in Jack's car. Police pull the car over and eventually twenty individual baggies each containing crack. The baggies of crack were in the center console of the car. The police arrested Jack and charged him with criminal possession of a controlled substance with the intent to sell. The police also arrested Darcy. Which of the following statements is most accurate?

Darcy will be charged with criminal possession of a controlled substance with the intent to sell under the theory of the automobile presumption.

None of the above.

Darcy will be charged only with criminal possession of a controlled substance - but she will not be charged with the intent to sell - despite the automobile presumption.

Darcy will not be charged with the possession of any drugs because they were in Jack's car- not her car.

Question 8

Suppose that David had Mark drive him to the supermarket. Mark waited in the car as a look out for David. David approached a women in the parking lot and grabbed her purse off her shoulder. David did not give Mark any of the money (or anything else) from the purse.Which of the following statements is most accurate?

Mark cannot be charged with anything since he never got out of the car.

Mark cannot be charged with the robbery but he can be charged with an attempted robbery.

Mark can only be charged with attempted robbery under the theory of accomplice liability since he only helped David by driving him the supermarket.

Mark can be charged with the robbery under the theory of accomplice liability.

Question 9

Tom was walking through a back yard. Nick approached him. Tom thought that Nick was about to pull a gun on him so Tom stabbed Nick. Tom was charged with attempted murder. Tom wanted to use the defense of justification. Which is the most accurate statement?

The grand jury would have to decide if Tom subjectively believed that Nick was really threatening him.

The jury would have to decide if Tom subjectively believed that Nick was really threatening him.

The jury will have to decide whether or not a reasonable person in Tom's position would have believed that he was being robbed by Nick and whether a reasonable person would have acted like Tom in defending himself.

The grand jury will have to decide whether or not a reasonable person inTom's position have believed that he was being robbed by Nick and whether a reasonable person would have acted like Tom in defending himself.

Question 10

Derrick needed to make a few bucks. He decided that he would manufacture some "fake" drugs and pass the drugs off as the real thing.

Derrick can only be charged with attempted criminal sale of a controlled substance because the drugs are fake.

Derrick can only be charged with criminal sale of a fake controlled substance because the drugs are fake.

Derrick cannot be charged with criminal sale of a controlled substance because the drugs are fake.

Derrick can be charged with criminal sale of a controlled substance even though the drugs are fake.

Question 11

Ethan went over to Joe's house to watch a football game. Once inside the house, Ethan noticed cash on Joe's counter. When Joe went to the bathroom, Ethan helped himself to a $20.00 bill. Which statement is most accurate?

Ethan can be charged with a robbery and a larceny for stealing $20.00.

Ethan can be charged with a burglary even though he did not enter Joe's house with the intent to commit a crime. Ethan can also be charged with a larceny for stealing $20.00.

Ethan cannot be charged with a robbery since he did not enter Joe's house with the intent to commit a crime. Ethan can be charged with a larceny for stealing $20.00.

Ethan cannot be charged with a burglary since he did not enter Joe's house with the intent to commit a crime. Ethan can be charged with a larceny for stealing $20.00.

Question 12

Sarah decides to stop over at Ben's apartment. She knows Ben is a drug dealer - but she doesn't care. Ben has drugs all over his house - on the coffee table, kitchen table, in his dresser drawer. Sarah is quite unlucky. As she's playing a video game at Ben's house, right next to the coffee table, the police execute a search warrant. Which of the following statements is the most accurate?

Sarah will be charged with the drugs in Ben's house that were in open view - like the drugs on the coffee table and possibly the drugs on the kitchen table - under the theory of constructive possession. Sarah should not be charged with the drugs found in Ben's dresser.

Sarah will be charged with all the drugs in Ben's house under the theory of accomplice liability.

Sarah will be charged withallthe drugs in Ben's house under the theory of constructive possession.

Sarah will not be arrested because she did not own or possess the drugs.

Question 13

Harris was walking down the street. He saw Todd - someone who he has had a long standing grudge with. When Harris got closer to Todd, Harris pulled out a knife and started stabbing Todd. Fortunately for Todd, his friend Holden lived nearby and heard the ruckus. Holden ran outside and hit Harris with his baseball bat. Which is the most accurate statement?

Harris will be charged with the assault of Todd. It was impermissible for Holden to defend Todd. Holden will only be able to use the defense of justification IF Holden was defending himself from Harris' actions. If Holden was not defending himself against Harris, Holden will be charged with an assault.

Both Harris and Holden will be charged with an assault.

Harris can be charged with the assault of Todd. Holden will not be charged with a crime since his hitting Harris with a baseball bat was an act of self defense. Under these circumstances it was permissible for Holden to use deadly physical force to protect/defend Todd.

Harris can be charged with the assault of Todd. Holden will be charged with an attempted assault (as opposed to an assault) of Harris. It will only be an attempted assault since Holden was acting to protect Todd.

Question 14

Derrick broke into Viola's apartment and raped her. Which statement is most accurate?

Derrick will be charged with rape and burglary.

Derrick will only be charged with a rape. Derrick will not be charged with a burglary since Viola lived in an apartment and not a house. You cannot burglarize an apartment.

Derrick will only be charged with a rape. Derrick cannot be charged with a burglary unless he stole something from Viola's apartment.

Derrick will only be charged with a rape.