CRJ 122 - Chapter 03

If two people shoot a victim and hit the victim's vital organs simultaneously, ___. A: both can be viewed as the cause-in-fact. B: only the principle actor is viewed as the cause-in-fact. C: the victim needs to provide testimony before dying. D: one of them will be viewed as an accomplice, regardless of the circumstances.

A: both can be viewed as the cause-in-fact.

Which of the following is an example of a specific intent crime? A: larceny. B: bigamy. C: statutory rape. D: breaking and entering.

A: larceny.

A criminal's ___ is different from a hope, desire, or wish. A: mens rea. B: actus reus. C: purpose. D: culpability.

B: actus reus.

Which of the following makes a defendant liable for a resulting social harm as they are largely foreseeable or related to the defendant's conduct? A: motivational requirements. B: dependent intervening causes. C: independent intervening causes. D: temporal requirements.

B: dependent intervening causes.

In homicide cases, under some jurisdictions, a person may be charged with: A: third-degree murder. B: first-degree murder. C: reflexive manslaughter. D: simple manslaughter.

B: first-degree murder.

___ are NOT a major category of crime. A: felonies. B: public order offenses. C: misdemeanors. D: petty offenses.

B: public order offenses.

___ is an example of a general intent crime. A: assault with an intent to kill. B: statutory rape. C: receiving stolen property with the knowledge that it is stolen. D: larceny.

B: statutory rape.

Civil liability differs from criminal liability in that in civil liability, ___. A: a wrong is done against a community. B: the consequences of the harm done are less severe. C: the government takes action against individual defendants. D: there is a possibility of punishment, such as loss of liberty or life.

B: the consequences of the harm done are less severe.

Identify a true statement about felonies. A: a crime has to be violent against a specific individual victim to constitute a felony. B: they are divided into categories in order to show the severity of certain offenses. C: they are punishable by less than a year of imprisonment or by fines. D: offenses classified as felonies consist of violations or infractions against public welfare.

B: they are divided into categories in order to show the severity of certain offenses.

Situations that can diminish a person's responsibility include: A: extreme youth, such as being too young to be tried as a juvenile offender. B: being forced at gunpoint to steal a car. C: mental infirmity, such as mental retardation or mental illness. D: all of the answers are correct.

D: all of the answers are correct.

The requirement for criminal liability that an accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm is known as: A: dependent intervening cause. B: strict liability. C: cause-in-fact. D: concurrence of elements.

D: concurrence of elements.

Misdemeanors differ from felonies in that misdemeanors are: A: punishable by more than a year of imprisonment. B: classified under tort liabilities. C: more serious than felonies. D: offenses for which sentences must be served in a county jail.

D: offenses for which sentences must be served in a county jail.

A(n) ___ usually consists of a voluntary action. A: omission. B: purpose. C: intent. D: actus reus.

D: actus reus.

The prosecution must prove beyond a reasonable doubt that an accused was the but-for-cause of a social harm in order to hold him or her criminally responsible, unless: A: there were two independent causes that operated simultaneously, either of which could have caused the result. B: the victim was a possible criminal who was escaping the custody of a citizen's arrest. C: the accused person was not aware that he or she had committed a social harm. D: later incidents, not in the accused person's control, caused further harm to the victim.

A: there were two independent causes that operated simultaneously, either of which could have caused the result.

A ___ is defined as a wrongful act that results in injury and leaves the injured party entitled to compensation. A: tort. B: misdemeanor. C: felony. D: petty offense.

A: tort.

Which of the following is a criminal act? A: possessing a questionable moral character, such as a morbid interest in violent crime that may lead to the commission of such acts. B: writing detailed stories about imagined criminal acts and thus inspiring others to commit them. C: committing an omission such as neglecting to take care of a sick child, leading to that child's death. D: thinking about a criminal act and planning it extensively.

C: committing an omission such as neglecting to take care of a sick child, leading to that child's death.

One essential characteristic that distinguishes criminal from civil wrongdoing in Anglo-American law is the: A: method of compensating an individual. B: possibility of loss of life or liberty in a civil suit. C: condemnation and stigma that accompanies the conviction of a crime. D: type of contract or trust that is breached.

C: condemnation and stigma that accompanies the conviction of a crime.

The purpose of making possessory offenses a crime is to: A: raise arrest rates. B: arrest criminals without having to catch them red-handed. C: deter further criminal activity. D: show other criminals that they cannot escape the law.

C: deter further criminal activity.

Causes that are deemed separate from a defendant's actions and for the results of which it would be unfair to hold the defendant responsible are called: A: independent interrupting causes. B: dependent intervening causes. C: independent intervening causes. D: dependent interrupting causes.

C: independent intervening causes.

Motive is important as a matter of proof because: A: it is a form of mens rea and thus is an element of proof required for criminal culpability. B: a criminal actor is liable for the emotions that motivated him or her to commit the crime. C: it may help to identify the perpetrator of a crime or explain why a suspect may have acted in a particular way. D: it means the emotion that prompted a person to act is actually the same as intent.

C: it may help to identify the perpetrator of a crime or explain why a suspect may have acted in a particular way.

The guilty mind requirement for the conviction of a crime is known as ___. A: voluntas necandi. B: actus reus. C: mens rea. D: animus nocendi.

C: mens rea.

Modern law defines a ___ as a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less than one year. A: petty offense. B: felony. C: misdemeanor. D: wobbler.

C: misdemeanor.

Which of the following is an important aspect of crime? A: compensating an individual. B: paying damages. C: punishment. D: possessing a prohibited article.

C: punishment.

To determine whether an act caused a specific result, ___. A: there must be at least one eye witness. B: the victim's actions need to be the proximate cause of the result. C: the accused person's act must be the cause-in-fact of the result. D: the police must obtain a confession indicating the accused person's guilt.

C: the accused person's act must be the cause-in-fact of the result.

The intention to commit an act ___ is an example of specific intent. A: for the purpose of atoning for some past act. B: to achieve a particular criminal result. C: to achieve some further consequences beyond the conduct or result that constitutes the actus reus of the offense. D: with the awareness of a statutory attendant circumstance.

C: to achieve some further consequences beyond the conduct or result that constitutes the actus reus of the offense.

Which of the following is NOT one of the special rights and protections that the US Constitution affords to those accused of crimes? A: the 8th Amendment's protection against excessive bail, excessive fines, and cruel and unusual punishment. B: the 6th Amendment's right to a speedy and public trial, trial by jury, cross-examination of witnesses, and counsel. C: the 14th Amendment's right to due process of the law, which requires that the federal government grant all of the rights to every defendant and state governments grant most of them. D: the 1st Amendment's right to freedom of expression that gives a defendant the right to tell his or her version of events in a public courtroom.

D: the 1st Amendment's right to freedom of expression that gives a defendant the right to tell his or her version of events in a public courtroom.

Which of the following would NOT be considered by a prosecutor in deciding whether to charge an offense as a felony or a misdemeanor? A: prior offenses committed by the perpetrator. B: the age of the perpetrator when the crime was committed. C: the seriousness of the offense committed. D: the neighborhood in which the perpetrator resides.

D: the neighborhood in which the perpetrator resides.

___ holds a person criminally liable even when the consequences of his or her action is not what a person actually intended. A: general intent. B: specific intent. C: mens rea. D: transferred intent.

D: transferred intent.