Q&A Hero

Q: Attempting to receive stolen goods that were not stolen would be an example of which kind of impossibility? a. legal b. factual c. imminent d. contingent

Q: Attempting to pick an empty pocket would be an example of which kind of impossibility? a. legal b. factual c. imminent d. contingent

Q: Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of has been committed. a. attempt b. solicitation c. conspiracy d. obstruction of justice

Q: To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of a. an agreement to commit the crime b. a request to commit the crime c. completion of a substantial step d. a motive

Q: The most frequently charged anticipatory offense is that of a. attempt b. solicitation c. conspiracy d. obstruction of justice

Q: A conspiracy to commit an unlawful act is known as a/ana. common designb. commitment design c. conspiracy design d. concomitant design

Q: The U.S. Supreme Court has stated that the essence of the crime of conspiracy is a. completion of the substantive crime b. commission of an overt act by one of the conspirators c. that object of the conspiracy is illegal d. agreement to commit a crime

Q: A person could be criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a crime and a. hires another to commit a crime b. urges another to commit a crime c. counsels another to commit a crime d. all of these answers are true

Q: The Wharton Rule states that the crime of conspiracy cannot be charged if the number of people involved are only those necessary by factual circumstance toa. none of these is correct b. get away with the crime c. plan the crimed. commit the crime

Q: Evidence of an overt act would provide some assurance that a. at least one of the conspirators was sincere b. there are at least two persons involved in the conspiracy c. the object of the conspiracy is illegal d. there is more than just an attempt to solicit

Q: For criminal conspiracy, proof of an overt act by a defendant a. was required under common law b. is unconstitutional c. is required by most current state statutes d. is extremely difficult to prove

Q: The death of a co-conspirator a. may affect a prosecution for conspiracy b. ends any possibility of prosecution for conspiracy c. always affects a prosecution for conspiracy d. never affects a prosecution for conspiracy

Q: What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states? a. payment or reward b. overt act c. two or more guilty persons d. agreement

Q: In the early 1600s, what crime was used extensively by the English Court of the Star Chamber? a. attempt b. conspiracy c. solicitation d. obstruction of justice

Q: The crime of solicitation is committed when a. the person solicited commits the requested crime b. the person solicited accepts payment c. when a person attempts to get another to commit a crime d. when the agreement is placed in writing

Q: Abandonment or withdraw by a conspirator makes the crime a. nonetheless complete b. not complete c. complete if one of the conspirators commits the crime d. not complete unless one of the conspirators commits the crime

Q: In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has a. not yet violated any law b. still violated any law c. committed a crime d. committed a misdemeanor

Q: The purpose of solicitation, conspiracy, and attempt statutes is to a. prevent serious harm before it occurs b. prevent persons from aiding the criminal after completion of the crime c. obtain the cooperation of material witnesses d. prevent criminals from escaping

Q: A request made to another person to commit a crime is the offense of a. conspiracy b. attempt c. solicitation d. obstruction of justice

Q: When a person becomes liable for the criminal acts of another, it is known as strict liability. a. True b. False

Q: A person who aids and abets a criminal is sometimes referred to as an accomplice. a. True b. False

Q: A person cannot be convicted of a conspiracy to commit a crime if the agreed objective is not criminal. a. True b. False

Q: A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a crime. a. True b. False

Q: "What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement. a. True b. False

Q: The Model Penal Code would provide a defense to a conspiracy charge where a conspirator "thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose." a. True b. False

Q: Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal impossibility. a. True b. False

Q: Conspiracy can be proved even if the co-conspirator cannot be found or identified. a. True b. False

Q: Few states require that some overt act be committed pursuant to the agreement before it becomes a crime. a. True b. False

Q: In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. a. True b. False

Q: Mens rea is the criminal or state of mind.

Q: What must occur before a presumption can be rejected by a judge or jury?a. other evidence must come to lightb. the defendant must reject itc. the judge must rule it out of orderd. the prosecutor must accept the fallibility of the presumption

Q: Presumptions fall into two categories, they are a. rebuttable and irrebuttable b. presumptive and nonpresumptive c. general and specific d. negligible and nonnegligible

Q: The maxim "ignorance of the law is no excuse" is applicablea. in most casesb. only in strict liability casesc. in most cases except strict liability cases d. almost never

Q: Which of the following area is not included in strict liability crimes? a. traffic violations b. narcotics laws c. public health laws d. first-degree murder

Q: The wrong done is called the a. act element b. mental element c. harm element d. cause element

Q: The harm that was done was the natural and probable result of the wrongful act is called the a. act element b. mental element c. harm element d. cause element

Q: The forbidden act (or failure to act) is called the a. act element b. criminal element c. timed element d. strict element

Q: If a statute requires knowledge about a certain fact, then the prosecution must be able to that knowledge. a. infer b. prove c. presume d. explain

Q: A situation where one cannot be found guilty of possession of stolen goods if they did not know they were stolen is an example of a. specific intent b. scienter c. mental intent d. knowledgeable intent

Q: A form of specific intent requiring the showing that an actor knew of the existence of certain facts is called a. specific intent b. scienter c. mental intent d. knowledgeable intent

Q: Due to the large amount of drugs on Julie's possession, the State should be able to easily prove:a. mens reab. presumption c. strict liability d. scienter

Q: Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 Kilos of cocaine and 4 pounds of marijuana. Due to the large amount of drugs on Julie's possession, a judge could easily conclude that what exists? a. Due process b. Inference c. Scienter d. Mens reus

Q: Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 Kilos of cocaine and 4 pounds of marijuana.Due to the large amount of drugs on Julie's possession, a judge or jury could easily conclude that she is a drug dealerinstead of a drug user. This conclusion is referred to as a__a. Inferenceb. Due Processc. Mens read. Actus reus

Q: Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 Kilos of cocaine and 4 pounds of marijuana.Julie can be arrested and charged because she had these items__a. in her bagb. in her possessionc. on her while she was committing a crime (Jay Walking)d. in her upper body area

Q: Susie "pick pocket" Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account for, and the personal belongings of people she does not know, who have reported the items as stolen. Investigators can presume a. that Susie found them b. that Susie stole them c. that Susie was returning them d. nothing

Q: Susie "pick pocket" Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. Susie hides stolen goods away, and only she knows where they are located. She does not possess them but would be guilty nonetheless of a. constructive possession b. receiving stolen goods c. carrying possession d. illegal possession

Q: Susie "pick pocket" Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. Susie could be arrested for a. Possession of criminal tools b. Possession of illegal tools c. Possession of burglary tools d. Possession of stolen tools

Q: In the state of WI during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching -20 degrees. Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police. For Johnny to be convicted of a crime, the prosecutor must: a. Provide proof beyond a reasonable doubt b. Prove due process c. Prove mens rea d. Provide Actus Reus

Q: In the state of WI during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching -20 degrees. Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police.During this incident, Johnny was not arrested because he didn"t have:a. Reasonable doubtb. Due process c. Actus Reus d. Mens Rea

Q: In the state of WI during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching -20 degrees. Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police. During this incident, Johnny displayed: a. Reasonable doubt b. Due process c. Actus Reus d. Mens Rea

Q: Which of the following crimes require specific intent? a. first-degree murder b. selling alcohol to an underage person c. distribution of illegal drugs d. unregistered hand grenades

Q: Motive can be important evidence in determining: a. punishment b. guilty c. recklessness d. negligence

Q: Which of the following is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes?a. motive b. intent c. guiltd. all of these answers are essential elements

Q: Which of the following crimes includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen? a. receiving stolen property b. robbery c. possession of illegal substances d. homicide

Q: What is the highest degree of culpability according to the Model Penal Code? a. purpose b. knowledge c. recklessness d. negligence

Q: Which of the following is a name given to crimes which require no specific intent?a. general intent crimesb. conclusive intent crimes c. substantive intent crimes d. reasonable intent crimes

Q: Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:a. an element of the crime charged b. guilt beyond a reasonable doubt c. motived. negligence

Q: The cause, inducement, or reason why an act is committed is called: a. intent b. motive c. recklessness d. negligence

Q: The mental purpose or design to commit a specific act is called: a. intent b. motive c. recklessness d. negligence

Q: The intent necessary for one or more elements of an offense is: a. specific intent b. global intent c. mental intent d. knowledgeable intent

Q: The mental element required in possession offenses is generally that of a. intent or knowledge b. recklessness c. negligence d. no mental element is required

Q: The offense of carrying an unauthorized concealed weapon requires a showing of a. actual possession b. constructive possession c. either actual or constructive possession d. ownership of the weapon by the defendant

Q: The year-and-a-day murder rule a. requires the victim die within a year and a day b. has been abolished or amended in many states c. requires the victim die within a year and a day, and has been abolished or amended in many states d. does not require the victim die within a year and a day, and has not been abolished or amended in many states

Q: While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction a. always makes a difference b. does not always make a difference c. is never important d. is always important

Q: For crimes in which a harm has occurred, the state must provea. the harm to the victim occurred immediatelyb. the defendant's act was the ordinary and proximate cause of the harmc. both that harm to the victim occurred immediately, and that the defendant's act was the ordinary and proximate cause of the harmd. neither that harm to the victim occurred immediately, nor that the defendant's act was the ordinary and proximate cause of the harm

Q: In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law a. requires the defendant to testify b. allows defendants to use the victim's consent as a defense c. contains a scienter element d. does not allow mistake as to the age of the minor to be used as a defense

Q: Which of the following areas include strict liability crimes? a. traffic violations b. narcotics laws c. public health laws d. all of these include strict liability crimes

Q: Strict liability statutesa. generally provide for harsh penaltiesb. do not require the prosecutor to prove criminal intent c. require a particular state of mind at the time of the act d. are considered true crimes

Q: A strict liability offense is one without a. motive b. proximate cause c. criminal intent d. a guilty act

Q: In a criminal trial, motive a. is always relevant evidence b. alone, is sufficient evidence for a conviction c. is required for conviction d. is the same as criminal intent

Q: In criminal law, motive refers to a. criminal intent b. the defendant's mental state while committing the crime c. the reason the defendant committed the crime d. a necessary element of every crime

Q: To find a defendant guilty of the crime of receiving stolen property, most states a. do not require scienter b. require proof the defendant knew the property was stolen c. require proof the defendant committed the theft d. require proof the defendant had a motive

Q: Which of the following terms refers to an individual's mental state?a. mens rea b. actus reus c. scienterd. proximate cause

Q: To obtain a conviction, the prosecution has the burden of proving every element of the crime a. by a preponderance of the evidence b. by clear and convincing evidence c. beyond a reasonable doubt d. beyond a shadow of a doubt

Q: Most crimes require the concurrence of which of the following?a. act and proximate cause b. guilty act and guilty mind c. guilty mind and causation d. act and omission

Q: Thinking of committing a crime without performing a criminal act is a. never a crime b. a crime in many states c. a strict liability crime d. difficult to prove beyond a reasonable doubt

Q: According to the Model Penal Code, how is a person acting, with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct?a. purposely b. knowingly c. recklessly d. negligently

Q: According to the Model Penal Code, a person who consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct, actsa. purposely b. knowingly c. recklessly d. negligently

Q: The Latin term mens rea refers to a. strict liability b. guilty act c. guilty mind d. elements of a crime

Q: The Latin term actus reus means a. strict liability b. guilty act c. guilty mind d. elements of a crime