Q&A Hero

Q: Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other facts may be presumed to be true.a. Trueb. False

Q: One cannot be guilty of possession of stolen property if one does not know property is stolen. a. True b. False

Q: The use of presumptions in the prosecution's case never present due process problems. a. True b. False

Q: In the past, the year-and-a-day rule requires that criminal defendants be charged within that time frame following the unlawful act. a. True b. False

Q: According to the Model Penal Code, purposeful is a higher degree of culpability than negligent. a. True b. False

Q: The motor vehicle codes of most states contain strict liability statutes. a. True b. False

Q: Motive is an essential element of most criminal offenses. a. True b. False

Q: Not all crimes require proof that a defendant had a specific intent to achieve a specific end. a. True b. False

Q: The term mens rea refers to the harm caused by the defendant's forbidden act. a. True b. False

Q: A party to a crime could be a person who aids and assists in the commission of the crime. a. True b. False

Q: How do presumptions and inferences help a fact finder conclude that facts have been proved? Why are they important in the criminal law? What is the difference between a presumption and an inference?

Q: What is the mental state (element) that generally must be proved in possession offenses? Do criminal statutes require that ownership of the property be proved? Why or why not?

Q: When criminal intent or another mental element is an essential element of a crime, the state has the burden of proving the required element. Explain two ways that proof of this element may be made. Provide examples.

Q: Explain the "year and a day rule" as it relates to the crime of murder and the requirement that a crime be the proximate cause of the victim's injuries. Describe how and why the rule has evolved over the years.

Q: What are strict liability crimes and why are some behaviors considered illegal even though the defendant had no criminal intent? Give examples of strict liability crimes.

Q: What is a conclusive presumption? Why are conclusive presumptions prohibited?

Q: What types of evidence can prosecutors introduce at trial in order to prove a defendant's mens rea beyond a reasonable doubt?

Q: Explain the difference between motive and intent. Which is generally more important in a criminal trial? Why?

Q: Explain the difference between specific intent and general intent crimes.

Q: Define mens rea. Define actus reus. Explain the differences between the two.

Q: The time under common law for an individual to be held responsible for the cause of someone's death was .

Q: The ordinary and probable cause of a result is called the .

Q: The mental purpose or design to commit a specific act is called .

Q: A form of specific intent requiring a showing that the actor knew of the existence of certain facts is called .

Q: Actus rea is the act or omission.

Q: Proximate cause is the ordinary and cause of a result.

Q: The penalties for liability offenses are usually lighter than "true" crimes.

Q: A statement of substantive law that cannot be overcome with evidence showing otherwise is known as a presumption.

Q: Only rarely is written evidence of the of a defendant available to the state.

Q: Heroin found in an apartment will most likely be deemed to be in the possession of the person controlling and occupying the apartment.

Q: The categories of culpability from the Model Penal Code include purpose, knowledge, recklessness, and .

Q: According to the Model Penal Code, a person acts when she consciously disregards a substantial and unjustifiable risk.

Q: An offense which requires no mens rea, such as speeding, is a strict offense.

Q: The reason a person commits a crime is called .

Q: What is the 1878 Posse Comitatus Act? How does it limit the use of military troops in civil law enforcement?

Q: Describe the system of criminal justice on Indian reservations and the role of tribal courts and the state courts where the reservations are located.

Q: Define "federal enclaves" and explain the effect of the Assimilative Crimes Act on the issue of jurisdiction.

Q: What is international criminal law? What is the International Criminal Court and the relationship of the United States to that court?

Q: What crimes can be committed against ships and aircraft? Where might jurisdiction lie?

Q: What is extradition and when does it become necessary?

Q: Why does a state have general power to make criminal law and to prosecute those who violate the law?

Q: Explain how the Commerce Clause is the basis for the federal government's authority to enact some criminal laws. Discuss a Supreme Court case that addressed the federal government's powers under the Commerce Clause to make a particular action a federal offense.

Q: What are the specific powers granted to the federal government to make criminal laws?

Q: Indian courts have power to try Indians who commit crimes on or within their reservation.

Q: Persons in U.S. military service become subject to the .

Q: Crimes committed in places beyond the of any state may be prosecuted on the federal level.

Q: When the crew of a ship or aircraft seizes control against lawful authority, this is the offense of .

Q: The United States claims jurisdiction extending nautical miles beyond its shores.

Q: Because of the statutes giving many nations jurisdictions over crimes, situations could exist in which a number of nations have jurisdiction.

Q: The procedure by which a person who has fled to avoid criminal prosecution is brought back to the jurisdiction is called .

Q: Federal enclaves are federally owned and controlled .

Q: Americans who commit crimes in countries are subject to prosecution before foreign courts, whether they are military personnel or tourists.

Q: The government may pass laws only in situations authorized by the Constitution.

Q: The federal government does not have inherent police power to create criminal law and is limited to the powers granted to the federal government in thea. U.S. Constitutionb. Great Writc. Declaration of Independenced. U.S. Supreme Court Guidelines

Q: People who commit crimes on federal enclaves can be tried beforea. the state court b. a federal court c. tribal courtd. the Supreme Court

Q: An agreement between nations on such topics as piracy at sea is referred to as aa. United Nations Conventionb. international convention c. military agreementd. executive action

Q: What federal act forbids the use of federal military forces to enforce civilian laws unless there is other constitutional or congressional authorization? a. Martial Law b. Military Law c. Posse Comitatus d. Martial Jurisdiction

Q: If a member of the U.S. military serving in another country commits an offense while off duty and off base, jurisdiction will be a. only in that country b. only in military court c. only in the Supreme Court d. with either the military or that country

Q: Should a member of the U.S. military commit a crime off-base, jurisdiction will be with a. the state b. U.S. District Court c. military court d. United Nations

Q: Persons in U.S. military service are subject to military jurisdiction and the a. Military Criminal code b. Penal Code c. Uniform Code of Military Justice d. Military Penal Law

Q: Indian tribes are generally dependent upon the federala. Bureau of Indian Affairsb. Indian Lands Commission c. Native American Bureau d. Sovereignty Commission

Q: Because the states have the primary responsibility to maintain public order and security in their state, they have what kind of authority to create criminal law under the police power of each state?a. broad b. narrow c. ultimated. unlimited

Q: International conventions and treaties between nations can confer power to what entity to make criminal laws? a. the Federal Government b. Indian Tribal Courts c. Military Courts d. individual states within the United States

Q: How many Indian tribes does the U.S. currently recognize with some attributes of sovereignty?a. 120 b. 280 c. 310 d. 409

Q: What is the name of jurisdiction of the United States over actions within territorial waters of the U.S., on U.S. ships, or stateless vessels on the high seas? a. Maritime jurisdiction b. Vessel jurisdiction c. High Seas jurisdiction d. Oceanic jurisdiction

Q: Final authority on the scope of Indian tribal jurisdiction is held by a. each individual tribe b. the American Congress of Indian Tribes c. Congress d. the President

Q: Military installations and other federally owned and controlled lands within the boundaries of a state are called federal a. islands b. territories c. protectorates d. enclaves

Q: What is the name of the federal act that incorporates the state criminal law of the state surrounding the federal enclave as the law of the enclave if there is no relevant federal statute? a. Incorporated Crimes Act b. Included Crimes Act c. Assimilative Crimes Act d. Autonomous Crimes Act

Q: Which of the following is one of the crimes the federal Travel Act addresses? a. extortion b. interstate prostitution c. kidnapping d. possession of stolen property

Q: The International Criminal Court has the power to prosecute people accused of a. murder b. all violent crimes c. offenses which occur in international waters d. war crimes

Q: International criminal law is also known as offenses against the a. world b. planet c. law of nations d. United Nations

Q: In 1983, the United States claimed sovereignty over waters extending how many nautical miles from the United States and its possessions?a. 50 nautical miles b. 100 nautical miles c. 200 nautical miles d. 400 nautical miles

Q: According to the Tokyo Convention Act of 1967, any nation may try persons for what crime even if no acts are committed within that country's boundary or territorial waters?a. terrorismb. murderc. treasond. piracy

Q: A state of military control over civilian populations as declared by state of federal governments is calleda. martial law b. extraditionc. posse comitatusd. jurisdiction

Q: Where does the International Criminal Court sit? a. The Hague b. The United Nations c. Washington DC d. Rome

Q: What is the name of an agreement between nations on a specific subject, such as piracy at sea?a. United Nations Conventionb. United Nations Contract c. United Nations Coercion d. United Nations Comitatus

Q: What term means to surrender an accused criminal under the provisions of a treaty or statute by one authority to another having jurisdiction? a. extradition b. jurisdiction c. posse comitatus d. martial law

Q: What law permits federal agencies to assist in locating state fugitives who may have fled from one state to another? a. Unlawful Flight Statute b. Federal Kidnapping c. Interstate Transportation of Stolen Motor Vehicles d. Uttering of U.S. Treasury Checks

Q: Which of the following is not part of the federal domain? a. all of these are part of the federal domain b. Puerto Rico c. sea approaches to the United States d. air approaches to the United States

Q: What gives the federal government power to regulate actions by use of criminal laws only if the actions involve or affect interstate commerce? a. The Commerce Clause b. International conventions c. The federal domain d. United States Treaties