Q&A Hero

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: Criminal liability without subjective or objective fault is also called a. strict liability. b. harm causation. c. offending behavior. d. wanton liability.

Q: Which kind of fault requires no purposeful or conscious bad mind in the actor? a. objective fault b. subjective fault c. no fault d. concurrent fault

Q: Failure-of-proof defenses are also known as a. mistakes. b. liabilities. c. legalities. d. hate crimes.

Q: What are the names of the two kinds of cause required to prove causation in "bad result" crimes? a. factual cause and legal cause b. legal cause and proximate cause c. factual and "but for" cause d. legal cause and negligent cause

Q: What kind of cause occurs after the defendant's act and before the harm? a. intervening cause b. concurrent cause c. consecutive cause d. contingent cause

Q: Factual cause is also known as which of the following? a. "but for" cause b. legal cause c. proximate cause d. intervening cause

Q: Which of the following forms of intent is both objective and subjective? a. negligent b. reckless c. knowing d. purpose

Q: Liability without fault, or in the absence of mens rea, is called a. strict liability. b. harm causation. c. offending behavior. d. wanton liability.

Q: Intent to commit a criminal act as defined in a statute is known as a. general intent. b. personal intent. c. blameless intent. d. negligent intent.

Q: Conscious risk creation is called a. knowledge. b. negligence. c. contumacy. d. recklessness.

Q: What is the default degree of culpability where codes fail to identify a level of culpability? a. negligence b. recklessness c. awareness d. complicity

Q: In the Model Penal Code, the most blameworthy state of mind is a. recklessly. b. purposely. c. negligently. d. knowingly.

Q: What is the only direct evidence of a defendant's mens rea? a. a confession b. a motive c. a signed statement d. a polygraph examination

Q: The cause that either interrupts a chain of events or substantially contributes to a result is called the a. proximate cause. b. real cause. c. intervening cause. d. select cause.

Q: Fault that requires a "bad mind" in the actor is called a. objective fault. b. subjective fault. c. no fault. d. concurrent fault.

Q: The objective determination that the defendant's act triggered a chain of events that ended as the bad result is called the a. cause in fact. b. negligent cause. c. negligent cause. d. subsequent cause.

Q: Mistake is a defense whenever the mistake prevents the formation of any fault-based a. prejudice. b. hate. c. animus. d. mens rea.

Q: In strict liability cases, the prosecution has to prove only that defendants committed a a. voluntary act that caused harm. b. voluntary civil act that caused harm. c. voluntary criminal act that caused harm. d. voluntary mistake that caused harm.

Q: Another term for criminal act is a. mens rea. b. actus reus. c. de novo. d. pro bono.

Q: Proximate cause is a subjective question of fairness that appeals to the jury's sense of a. justice. b. duty. c. fairness. d. guilt.

Q: General intent is the intent to a. commit a criminal act. b. cause harm. c. make the act cause the harm. d. have the mens rea.

Q: In the absence of a confession, intent must generally be proven by _____ evidence. a. peremptory b. exclusive c. referential d. circumstantial

Q: The mental element of a crime is called the a. mens rea. b. harm. c. actus reus. d. concurrence.

Q: Which of the following is not a type of culpability in the Model Penal Code? a. purpose b. knowledge c. negligence d. willfulness

Q: Compare and contrast general and specific intent. How are general and specific intent similar? How are they different? Be sure to provide examples.

Q: What does the prosecution have to prove with regard to causation to get a conviction? What are intervening causes and how do they affect a defendant's responsibility? Be sure to provide examples.

Q: What are strict liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position.

Q: What are the four types of culpability in the Model Penal Code? Be sure to provide examples. What are the levels of culpability of each relative to the other?

Q: Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense.

Q: There are differences in culpability among the Model Penal Code's (MPC) four mental statespurposely, , recklessly, and negligently.

Q: Most serious crimes require criminal and a criminal act.

Q: _______________ evidence proves a fact indirectly or by inference.

Q: Legal cause is also referred to as _______________ cause.

Q: A crime without an intent element is called a strict_______________ crime.

Q: Legal cause consists of the judgment that it's fair and just to blame the defendant for the bad result.

Q: The mental element of the crime is called the _______________ rea.

Q: Culpability is also known as .

Q: Recklessness involves conscious _______________ creation.

Q: Concurrence is an element in all where the mental attitude is formed with purpose, knowledge, recklessness, or negligence.

Q: Ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. a. true b. false

Q: Negligence is a totally objective standard. a. true b. false

Q: Criminal liability is sometimes imposed without fault. a. true b. false

Q: Negligence involves conscious risk creation. a. true b. false

Q: The most blameworthy state of mind in the Model Penal Code is purpose. a. true b. false

Q: A criminal act is enough for criminal liability for most serious crimes. a. true b. false

Q: Intervening causes can be proximate causes. a. true b. false

Q: Proving criminal causation requires proving both factual and legal cause. a. true b. false

Q: In strict liability crimes, accidental injury can be criminal. a. true b. false

Q: Strict liability crimes have no actus reus element. a. true b. false

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 and possession 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: Legal duty is an attendant circumstance element that the prosecution has to prove beyond a doubt.

Q: Only when it's outrageous to fail to do something to help someone in danger can criminal omissions satisfy the act requirement.

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 .

Q: The law considers all bodily movements to be voluntary. a. true b. false

Q: The actus reus requirement reserves the harsh sanction of the criminal law for cases of actual danger. a. true b. false

Q: The requirement that attitudes have to turn into deeds is called manifest criminality. a. true b. false

Q: A status or condition cannot be an actus reus. a. true b. false

Q: We punish people for what they do, not for who they are. a. true b. false

Q: Failure to act can never be a crime. a true b. false

Q: Serious crimes include both a criminal act and mens rea. a. true b. false

Q: Constructive possession means the person has the item on them. a. true b. false

Q: Criminal conduct is conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests. a. true b. false

Q: A parent-child relationship is an example of a "special relationship." a. true b. false

Q: An omission to act is a crime only if there was a legal duty to do the act. a. true b. false

Q: Legal duties are created in three ways: statutes, contracts, and specific relationships. a. true b. false

Q: Under the Good Samaritan rule, strangers have a duty to aid other strangers in peril. a. true b. false

Q: Failure to file income taxes is an example of a failure to intervene crime. a. true b. false