Question 54

Frank is a professional "pimp." He has five girls working for him as prostitutes and he provides "protection" for them. If they "give him trouble" he will beat them up to keep them in line. They give him 80% of their earnings. He has no other source of income. If he is arrested for this activity in Ohio under which statute will he be charged with a criminal act?

		Compelling Prostitution - ORC 2907.21
		Sexual Battery - ORC 2907.03
		Soliciting for Prostitution- ORC 2907.24
		Sexual Imposition - ORC 2907.06

Question 56

Police are often called upon to deal with "crowd control" where the crowd has become "worked up" as the result of a speech given by a public speaker. Police can often "sense" when the speaker is provoking the crowd to take direct action that can potentially result in property loss and injury. They have a duty to stop such a situation.However their "discretion" in such a situation must be governed or limited by:

		The availability of "back up" officers to help control the crowd if things get ugly.
		The 1stAmendment rights of the speaker and the right of the crowd to hear his ideas.
		Their own political views
		Whether they have been called in "on overtime."

Question 57

The "Founding Fathers" who devised the U.S. Constitution included separation of powers and a "Bill of Rights" in order to accomplish which of the following?

		To control the power of individual state governments
		To enable the federal government tocontrol all criminal prosecutions
		To prevent the creation of an "overly powerful" central government that could crush the individual liberties of citizens.
		To allow for a strict federal taxing power

Question 58

Theminimum"Blood Alcohol" Level that a driver must demonstrate (if they "blow" into a breathalyzer) if they can be charged with OVI (Operating a Vehicle while Intoxicated) in the state of Ohio is:

		1.8
		1.0
		.08
		.05

Question 60

Under common law, a "Depraved Heart Murder" would correspond to which of the following "modern" homicide statutes? (A homicide that occurs while ignoring a substantial risk.)

		Negligent Homicide
		Aggravated Murder
		Voluntary Manslaughter
		Reckless Homicide

Question 61

Rex is the owner of a large electronics business and very wealthy. He is also gay. There is a very handsome young man named Dale who works in Rex's store. Dale is also gay. Every morning when Rex comes into the store he goes over to Dale and rubs Dale's crotch "for good luck." Often this action is picked up on the closed-circuit television monitors and Dale is embarrassed and humiliated. Under Ohio law is Rex committing a crime when he performs these actions and why or why not?

		He is guilty of Sexual Imposition - ORC 2907.06
		He is guilty of Attempted Rape - ORC 2907.01
		He is guilty of Soliciting - ORC 2907.24
		He is not guilty of anythingsince both parties are men

Question 62

"Crimes Against Public Morality" (Prostitution. Gambling, Drug Offenses) are also said to fall under the general heading of:

		Felony Offenses
		Obsolete Offenses
		Victimless Crimes
		Violent Offenses

Question 63

Attempt, Conspiracy and Criminal Solicitation are all examples of what are called:

		Strict liability offenses
		"Inchoate offenses"
		Administrative offenses
		Mala in Se Offenses

Question 64

If somethingcan truly be classified as obscene, what amount of protection does it have under the 1^stAmendment?

		"Some" protection if it does not involve the depiction of sexual acts
		Absolute protection on the same basis of any other kind of "speech"
		"Limited" protection which is judged on a case-by-case basis
		Noprotection at all and it can be seized by the police and the owner prosecuted

Question 65

The "Castle Doctrine" refers to which of the following legal principals?

		The right of a defendant to use force against an attackerin the defendant's own homewithout having to "retreat."
		The right of a victim to bring a complaint for Burglary against someone who has stolen goods from the victim's home.
		The right to use a "trap gun" to shoot persons who attempt to break into a home.
		The right to dig a moat around your own home to keep away the Black Knight

Question 66

Assume that Jake is drinking in a bar. He becomes angry with Zeke when Zeke implies that he (Zeke) is much better at satisfying the sexual needs of a woman. Jake smashes an ashtray on Zeke's head.Zeke sustains a bad gash to the forehead and a contusion and there is some blood.The injuries arenotlife-threatening. Both the police and an ambulance are called. Jake is arrested and Zeke taken to the hospital.On the way to the hospital the ambulance is smashed into by a heavy truck because the truck driver was drunk and ignored the ambulance siren.Zeke, the ambulance driver, an EMT in the ambulance and the truck driver areall killed. What crime or crimes should Jake properly be charged with under Ohio law?

		Once count of Felonious Assault and, one count of Aggravated Murder and three counts of Murder.
		One count of Aggravated Assault and four counts of Involuntary Manslaughter
		One count of Aggravated Assaultalone
		One count of Attempted Murder and four counts of Voluntary Manslaughter

Question 67

Over the centuries we have had many crimes intended to limit or prohibit various types of sexual activityeven sex between consenting couples. One reason for these laws was to preserve the "moral tone" of society and prevent disease. The other, more important and principal reason was:

		To punish "sex workers" who did not pay taxes on their cash income
		To gratify the prejudices of the small-minded and sexually repressed citizens of the town.
		To preserve thesolidarity of the familyin an era where the family was the chief institution for both individual survival and the survival of the community.
		To provide the sort of crimes that made it easy for crooked police officers to collect graft.

Question 68

At common law,whywas itoften a legal necessitynecessary for a woman to show thatshe had severe injuriesresulting from the attack to successfully press a charge of Rape against a defendant?

		Because the suspect would probably be "marked" by her and this would make his identification easier
		Because it wasobjective proofthat she hadnot "consented" to the sex.
		Because the family of the victim expected her to "defend her honor."
		Because Rape was such a serious crime everyone wanted to be sure the woman had "suffered injuries that were sufficient" to justify the charge.

Question 69

Technically speaking, the United States of America is constitutionally governed throughwhich of the following governmental systems?

		A pure Democracy
		A Federal Republic of states
		An Oligarchy
		A socialist state

Question 70

Assume that a speaker is "whipping a crowd into a frenzy" over some hot political issue. Police who are present are worked the crowd might "become a mob" and break out into violence. They are also concerned that they cannot move too quickly else they unconstitutionally suppress the free speech rights of the speaker. Finally the speaker says "Now - I want all of you to get rocks and torches and burn down the home of the mayor!" The police act and arrest the speaker. Specifically, what has the speaker done that has enabled the police to act?

		Presented a "clear and present danger" of violence and properly destruction
		Issued a "challenge to law and order"
		Engaged in slanderous or defamatory speech
		Uttered a "vulgarity" for political purposes.

Question 71

Chad plans the murder of his fellow employee and arch-rival Tad. After giving it a great deal of thought Chad decides to shoot Tad in a secluded parking garage after work. Chad carries through the plan and shoots Tad in the head. However, Tad does not die. Instead,he "lingers" on life supportforsixteen monthsbefore dying because of his wound. (Assume that the statutes of limitation are not in effect.) The county prosecutor wants to charge Chad IMMEDIATELY with the proper crime. Undercommon law, what is "the proper crime" for which to charge Chad? (Hint - Remember the "Year-and-a-Day Rule.")

		Assault-and-Battery
		Murder
		Manslaughter
		Attempted Murder

Question 72

Assume that Graham is a paranoid-schizophrenic and bi-polar. For our purposes assume that he is genuinely and quite legallyinsane. He meets Maloney on the street and accuses him of trying to "steal his thoughts." Maloney protests but Graham continues to harangue him. Finally Graham whips out a knife and stabs Maloney in the chest severely injuring him, Graham is arrested and charged with Felonious Assault and Attempted Murder. Assuming that his condition does not improve, what will happen to Graham after he is charged?

		He will go to trial and be found "Not Guilty by Reason of Insanity"
		He will be placed in the custody of his family
		He will be found "Incompetent to Stand Trial" and sent to asecure mental institutionuntil he regains competence
		He will enter a "Not Guilty" plea and try to establish a "defense of property" defense.

Question 73

Seth works for a famous and handsome actor named Brad Manly. Brad is a horrible person who humiliates and belittles Seth every chance he gets. One day Brad throws a party and uses it as an occasion to make fun of Seth in front of others. Seth can't take it any longer. Seth smashes a crystal wine glass, leaps on Brad and "cuts up" Brads face with the broken glass. While he is doing this he screams, "Nobody will look at you after this." Brad is badly (and permanently) disfigured and needs 200 stitches to repair the damage. In Ohio today, what crime has Seth committed?

		Attempted Murder
		Battery
		Felonious Assault
		Mayhem

Question 74

Assume that Ross and Jennifer are just gorgeous people in their mid-twenties. Both are professional models and are tanned, fit and healthy. They go to a crowded public beach and put out blankets. They are wearing tiny bathing gear. While lying on the beach (improving their tans) they are overcome with lust for each other. They begin "making out" and soon throw caution to the wind and start having full-on sexual intercourse. The father, mothers, and children nearby are horrified at this display. If this takes place in Ohio, are Ross and Jennifer committing a crime and, if so, what crime are they committing.

		No Crime at all - This is a spontaneous and beautify act of love.
		No crime at all - This was once called "Fornication" but it is an obsolete offense.
		Yes - They are in violation of Ohio "Disorderly Conduct" statute
		Yes - They are in violation of Ohio's "Pandering" statute.

Question 75

Jean Valjean is a poor man whose daughter is terribly ill. He does not have the money to buy the expensive medication that she needs. One night he breaks into the home of Mr. Javert, a wealthy businessman known to have cash in the house. Jean intends to steal the money to buy the drugs his daughter needs. While he is ransacking the house, Mr. Javert arrives.Jean pulls out a knife, attacks and kills him. Later he is arrested and charged with Felony Murder.Based on these facts, which of the followingaffirmative defensescan Jeansuccessfully assert?

		Necessity
		Duress
		Self-Defense
		None of the above will be successful on these facts.

Question 76

Chaplinsky v. New Hampshire is a famous U.S. Supreme Court case that involved which of the following legal subjects?

		The unconstitutionality of laws criminalizing homosexual behavior
		"Fighting Words" and the 1stAmendment
		The definition of "Obscenity"
		The "Statute of Limitations" in Conspiracy Cases

Question 77

The thing that makes "Victimless Crimes" so different from other crimes in the state of Ohio is that "victimless offenses.......

		Do Not generate a police report once the crime has been committed
		They have no "Harmful Consequences"
		Require police investigators to become involved in "the commission of the crime"
		Both a and c

Question 78

Wally is walking home one nightpastthe Guzzler Bar. Franklin comes reeling out of the bar clutching a broken beer bottle (a deadly weapon.) Franklin walks up to Wally on the open street and drunkenly accuses him "of having an affair with my wife." He shakes the broken bottle in Wally's face. Franklin then says "You cowardly little twerp. I'm gonna carve your face up for sleeping with my wife." Several other patrons have emerged and arelaughing at Wally.None however are barring Wally's way.Unbeknownst to them all, Wally has a bowie knife under his shirt and knows how to use it. He is also a black belt in karate. Franklin then goes back to speak with several of his buddies whoare about fifty feet away. He then turns and advances on Wally with the broken bottle in hand. Wally believes he has a right to self-defense against Franklin in this situation. Based on what we know about the rules of self-defense Is Wally right andwhat should he do?

		No - He should turn and walk or run away.
		Yes - He should pull his knife and defend himself. He is entitled to use deadly and non-deadly force to injure Adams if necessary
		Yes - As long as he does not use any sort of weapon such as the knife.
		Yes - He should keep his knife in his pocket but use his physical skills to defend himself.

Question 79

Enforcement of laws against PublicIntoxication, Disorderly Conduct and Disturbing the Peaceare allowed and because they are considered "prophylactic" measures. Essentially this means:

		We allow enforcement of these offenses to control the lower socio-economic orders
		We allow enforcement of these offenses because they give a town a "bad reputation"
		We allow enforcement of these relatively minor offenses because of their potential to become more serious and cause greater harms if left unchecked.
		We allow enforcement of these offenses because they constitute "speech" that is not covered by the 1stAmendment