Lesson 1
Practice Exercise

Instructions The following items will test your understanding of the material covered in this lesson. There is only one correct answer for each item. When you have completed the exercise, check your answers with the answer key that follows. If you answer any item incorrectly, review that part of the lesson which contains the portion involved.
1. 2LT Wilson is watching television when he hears someone knocking on his door. Upon opening the door, 2LT Wilson sees his friend, 2LT Ross, who tells Wilson that he has just stolen a 9-mm pistol from his unit's arms room and has hidden it under the mattress in his quarters. Wilson does not offer to hide the weapon for Ross, but he does tell Ross that under the mattress is the first place the MP will look. Wilson advises Ross to disassemble the weapon, destroy the parts, and bury them. 2LT Wilson could properly be charged with:

A. nothing, as he had no criminal intent.
B. nothing, as he did not offer to hide the weapon for Ross.
C. larceny on a principals theory.
D. accessory after the fact.
2. Private Buster decides that marriage is not for him, so he asks his friend, PVT Brown, if Brown will kill his wife for him. PVT Buster offers PVT Brown $500 if Brown will kill her. PVT Brown tells Buster that he (Buster) is out of his mind and walks away. PVT Buster could be charged with:

A. nothing as no criminal act occurred.
B. conspiracy to commit murder.
C. solicitation under Article 82, UCMJ.
D. solicitating another under Article 134, UCMJ.
3. The accused and another soldier agree to break into the post exchange in order to steal stereo equipment. No specific plans were made, nor were any actions taken in furtherance of the crime. When the other soldier backed out of the agreement, the accused asked another friend to participate. The friend declined. At this point, the accused may properly be charged with:

A. no offense, as no crime was committed.
B. conspiracy to commit housebreaking and larceny.
C. solicitating another to commit housebreaking and larceny.
D. attempted housebreaking and larceny.
4. Two soldiers agree to a plan to break into vending machines on post and steal the money therein. The accused, one of the two soldiers, made a key to the machines in furtherance of the plan. The key did not fit the lock and both soldiers were apprehended as they were trying to open one of the machines. The accused may properly be charged with:

A. no offense as the key would not have opened the machine.
B. attempted larceny and conspiracy.
C. attempted larceny only.
D. conspiracy and larceny.
5. The accused broke into and entered the unit supply room one evening with the intent of stealing some field equipment. The supply sergeant who had worked late and had fallen asleep in a chair awoke and the accused ran away without taking anything. The accused has been charged with burglary. He may properly be convicted of:

A. burglary.
B. larceny.
C. attempted burglary.
D. housebreaking.
6. Which of the following is a true statement regarding specific intent crimes?

A. Intent is a necessary element of the crime and must be proven in order to secure a conviction.
B. Intent need not be proven because it is inferred from the commission of the criminal act itself.
C. Specific intent crimes can be committed by mistake.
D. None of the above.
7. Specific intent may be proven through:

A. circumstantial evidence.
B. the accused's statements.
C. both A and B.
D. none of the above.
8. Which of the following is a true statement regarding general intent crimes?

A. Intent is a necessary element of the crime and must be proven in order to secure a conviction.
B. The prosecution must prove that the accused's actions were not accidental.
C. General intent crimes cannot be committed by mistake.
D. None of the above.
9. The accused let PVT Bravo make a copy of his key to the unit supply room knowing that it would be used later in a larceny of unit supplies. The accused:

A. has not committed any offense.
B. is an accessory after the fact.
C. is a principal to the larceny.
D. is guilty of solicitation.
10. The accused was on a rifle range when he suffered a heart attack. At the onset of the attack, he jerked his weapon away from the target and pulled the trigger, causing the weapon to fire. A range guard was struck by the bullet and subsequently died from the wound. The accused, however, survived his heart attack. The accused may properly be charged with:

A. no offense.
B. negligent homicide.
C. manslaughter.
D. murder.
11. Private Ludlow returned home unexpectedly in the middle of the day. He found his wife in bed with his squad leader. Enraged by this discovery, Private Ludlow immediately seized the brass lamp on the nightstand and beat them both to death. What offense did Private Ludlow commit?

A. Involuntary manslaughter.
B. Premeditated murder.
C. Intentional murder.
D. Voluntary manslaughter.
12. 12. The accused, SGT Smith, became involved in a fistfight with another soldier, SGT Green, in his company. Smith knocked Green to the ground and kicked him viciously several times in the stomach. The kicks ruptured Green's intestines and he had to have artificial tubes inserted into portions of his intestines. What is the most serious crime the accused has committed?

A. Aggravated assault intentionally inflicting grievous bodily harm.
B. Assault and battery.
C. Attempted voluntary manslaughter.
D. Attempted felony murder.
13. A soldier, armed with a pistol, forced a window lock on his commanding officer's house at 0130 hrs. and entered with the intent to steal a portable radio. The accused admits the above, but he states he could not find the radio and left. What is the most serious crime committed?

A. Burglary
B. Robbery.
C. Attempted burglary.
D. Housebreaking.
14. A private drew a military vehicle from the motor pool which he used in his official duties. After completing his duties, he visited his girlfriend off post in the vehicle, and was apprehended by the military police. The private has provided a sworn statement indicating that he was going to return the vehicle because he was only "borrowing" it anyway. Assuming that the private's story is believed, he has committed what offense?

A. No offense since he had a valid dispatch.
B. No offense as he was only "borrowing" the vehicle.
C. Wrongful appropriation of a government vehicle.
D. Larceny of a government vehicle.
15. 15. A soldier knowingly pointed an unloaded automatic pistol at a private. The private did not know that the weapon was unloaded and was fearful of his life. What crime, if any, has been committed?

A. No offense.
B. Attempted assault.
C. Aggravated assault with a means likely to produce grievous bodily harm or death.
D. Simple assault.
16. Which of the following is an element of robbery?

A. Intent to steal.
B. Taking against the will of the victim.
C. Taking an object of value.
D. All of the above.
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