Criminal Law

Q: Terrance is showing Manuel his gun collection. Manuel has never before handled a gun. He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is unloaded. Terrance replies that he never puts ammunition in his guns except at the gun range where he goes to practice. Manuel points the gun out the window of the house and pulls the trigger. The gun fires and a women walking by on the sidewalk is shot and killed. Manuel's mistake would be a defense only if it a. prevents the formation of any fault-based mental attitude b. prevents the formation of any concurrence c. prevents the formation of any complicity d. prevents the formation of any knowledge

Q: Terrance is showing Manuel his gun collection. Manuel has never before handled a gun. He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is unloaded. Terrance replies that he never puts ammunition in his guns except at the gun range where he goes to practice. Manuel points the gun out the window of the house and pulls the trigger. The gun fires and a women walking by on the sidewalk is shot and killed. Manuel's defense involves the prosecution's failure to prove what beyond a reasonable doubt? a. actus reus b. mens rea c. concurrence d. attendant circumstances

Q: Terrance is showing Manuel his gun collection. Manuel has never before handled a gun. He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is unloaded. Terrance replies that he never puts ammunition in his guns except at the gun range where he goes to practice. Manuel points the gun out the window of the house and pulls the trigger. The gun fires and a women walking by on the sidewalk is shot and killed. At his trial, what defense is Manuel likely to use? a. failure-of-proof defense b. diminished capacity defense c. justification defense d. attendant circumstances defense

Q: Amelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of money. As Amelia is driving she sees her sister walking down the street. Amelia makes the decision to run her over with the car. She swerves off the road and runs her sister over and kills her. What state of mind best describes Amelia during her crime? a. purposely b. knowingly c. recklessly d. negligently

Q: Amelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of money. As Amelia is driving she sees her sister walking down the street. Amelia makes the decision to run her over with the car. She swerves off the road and runs her sister over and kills her. Amelia's state of mind when she runs over her sister is an example of a. mens rea b. actus reus c. concurrence d. legal cause

Q: Amelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of money. As Amelia is driving she sees her sister walking down the street. Amelia makes the decision to run her over with the car. She swerves off the road and runs her sister over and kills her. What is Amelia's motive for the murder of her sister? a. money b. hatred c. her wish to see her dead d. she no motive

Q: Stephanie asks her friend Ahmad to accompany her to her ex-boyfriend Tom's home so that she may gather some of her belongings. Ahmad stays outside while Stephanie goes inside to get her things. Ahmad begins deflating the tires on Tom's motorcycle which is sitting in the driveway. Tom sees Ahmad through the kitchen window and runs outside to confront him. Ahmad does not see Tom but turns to go back to his car with the knife in his hand. Tom and Ahmad collide and Tom is injured by the knife. Which of the mental states identified in the Model Penal Code best applies to Ahmad? a. Purposely b. Knowingly c. Recklessly d. Negligently

Q: Stephanie asks her friend Ahmad to accompany her to her ex-boyfriend Tom's home so that she may gather some of her belongings. Ahmad stays outside while Stephanie goes inside to get her things. Ahmad begins deflating the tires on Tom's motorcycle which is sitting in the driveway. Tom sees Ahmad through the kitchen window and runs outside to confront him. Ahmad does not see Tom but turns to go back to his car with the knife in his hand. Tom and Ahmad collide and Tom is injured by the knife. In this case the court would likely need to determine what? a. culpability b. cause c. legal cause d. Intent

Q: Joe lives in Washington State. Joe tested positive for HIV. Joe receives counseling regarding HIV infection and the risks regarding the potential for transmitting HIV to sexual partners. Joe has sex with a woman without using condoms. What is the main issue for the state in Joe's case? a. knowledge b. possession c. causation d. intent

Q: Joe lives in Washington State. Joe tested positive for HIV. Joe receives counseling regarding HIV infection and the risks regarding the potential for transmitting HIV to sexual partners. Joe has sex with a woman without using condoms. What crime is Joe most likely to be charged with? a. assault b. rape c. attempted homicide d. attempted assault

Q: What term is about holding an actor criminally accountable for the results of her conduct? a. concurrence b. causation c. factual causation d. practical causation

Q: The element of causation applies only to what kind of crimes? a. "bad result" crimes b. "bad knowledge" crimes c. "reckless" crimes d. "negligent" crimes

Q: The MPC proposes that fact finders determine recklessness according to what test? a. a two-pronged test b. a bad result test c. a three-pronged test d. a reckless knowledge test

Q: In the mental state of "knowing," the watchword is a. awareness b. consciousness c. knowledge d. voluntariness

Q: How many mental states are there in the Model Penal Code? a. three b. four c. five d. Six

Q: Fault that requires no purposeful or conscious bad mind in the actor is a. subjective fault b. objective fault c. voluntary fault d. conscious fault

Q: Fault that requires a bad mind in the actor is a. subjective fault b. objective fault c. voluntary fault d. conscious fault

Q: What term is Latin for guilty mind? a. actus reus b. mens rea c. corpus delicti d. actus non facit

Q: The subjective judgment that it's fair and just to blame the defendant for the bad result is called a. cause in fact b. but for cause c. legal cause d. concurrence

Q: The idea that it's fair and just to punish only people we can blame is a. culpability b. specific intent c. liability d. bad intent

Q: Ignorance of facts and law create a reasonable doubt that the prosecution has proved the element of criminal intent. a. can b. cannot c. always d. never

Q: The penalty for strict liability crimes generally is a. very serious, because they are strict crimes. b. 10-15 years incarceration. c. mild, often with fines and no jail or prison time. d. equivalent to a first degree felony.

Q: The test for negligence is a. totally objective. b. totally subjective. c. totally conscious. d. totally negligent.

Q: The conscious creation of substantial and unjustifiable risks is the definition of a. liability. b. negligence. c. recklessness. d. reasonableness.

Q: What is the only crime defined in the U.S. Constitution? a. murder b. rape c. treason d. forgery

Q: According to the Model Penal Code, what is the most blameworthy mental state? a. purposely b. knowingly c. recklessly d. negligently

Q: The most common definition of specific intent is a. general intent plus. b. general intent. c. subjective intent. d. subjective intent plus.

Q: Which of the following statements is true regarding recklessness and negligence? a. recklessness is about consciously creating risks; negligence is about unconsciously creating risks b. recklessness is about unconsciously creating risks; negligence is about consciously creating risks c. recklessness and negligence are both about consciously creating risks d. recklessness and negligence are both about unconsciously creating risks

Q: Which of the following cases involves the mental state "knowingly?" a. Harris v. State (1999) b. State v. Stark (1992) c. Haupt v. U.S. (1947) d. State v. Jantzi (1982)

Q: Which of the following cases involves the mental state "purposely?" a. Harris v. State (1999) b. State v. Stark (1992) c. Haupt v. U.S. (1947) d. State v. Jantzi (1982)

Q: Which of the following cases adopted and applied the general intent plus definition? a. Harris v. State (1999) b. State v. Stark (1992) c. Haupt v. U.S. (1947) d. State v. Jantzi (1982)

Q: Identify the circumstances in which possession can be treated as an act. Explain why possession is treated as an act in these circumstances and not in others.

Q: Explain the concept of status. Status can arise in two ways: from voluntary acts and from characteristics. Explain the difference between these two types of status and how this impacts actus reus.

Q: What is the legal definition of a voluntary act? Explain fault-based defenses and affirmative defenses and their relationship to the legal definition of a voluntary act. Provide examples.

Q: Only voluntary acts qualify as actus reus. Why do only voluntary acts qualify as criminal acts? Be sure to explain the rationale which includes four steps. Explain the one-voluntary-act-is-enough rule.

Q: Explain the difference between conduct crimes and bad result crimes. Provide examples of each.

Q: Define, compare, and contrast the "Good Samaritan" rule and the American bystander rule. Which rule is dominant in the United States? Which rule is best? Explain your position.

Q: Identify and define the two kinds of criminal omission. Describe the circumstances in which omissions are treated as acts.

Q: What is the principle of manifest criminality? Provide an example. Explain why you agree or disagree with this principle.

Q: Explain the importance of the general principle of actus reus. Be sure to discuss the three purposes served by the principle of actus reus.

Q: Define, compare, and contrast constructive, actual, mere, and knowing possession. Be sure to provide an example of each.

Q: __________________ involves a connection between the mens rea and the actus reus.

Q: It's only by means of a legal that the principle of actus reus includes possession.

Q: Nearly all jurisdictions follow the approach of the bystander rule.

Q: A failure to act is called a/n ____________.

Q: Failure to report and failure to intervene are criminal omissions only if defendants had a________ to act.

Q: Defenses that take place after the prosecution has proved defendant's criminal conduct are_________ defenses.

Q: The ____________ element requires that the mental element trigger the act.

Q: The mens _______________is the mental element of the crime.

Q: The actus _______________ is the act element of the crime.

Q: The voluntary act is the first principle of criminal_____________.

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