Chapter 3 Criminal Law - Edited

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

d. all of these include strict liability crimes (Page 70)

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

intent

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

recklessness

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

scienter

Actus rea is the ____ act or omission.

Forbidden

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

year and a day

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

Constructive

T/F The term mens rea refers to the harm caused by the defendants forbidden act.

False

The use of presumptions in the prosecution's case never present due process problems.

False

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

Intent

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

Negligence

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

Rebuttable

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

Strict

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

True

T/F A party to a crime could be a person who aids and assists in the commission of the crime

True

T/F Motive is an essential element of most criminal offenses.

True

T/F Not all crimes require proof that a defendant had a specific intent to achieve a specific end

True

T/F One cannot be guilty of possession of stolen property if one does not know property is stolen.

True

T/F Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other facts may be presumed to be true

True

T/F The motor vehicle codes of most states contain strict liability statutes

True

T/F According to the Model Penal Code, purposeful is a higher degree of culpability than negligent

True (Page 57)

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

a. actual possession

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. motive d. negligence

a. an element of the crime charged

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

a. first-degree murder

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

a. general intent crimes

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

a. intent

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

a. intent or knowledge

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

a. is always relevant evidence

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

a. mens rea

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. guilt d. all of these answers are essential elements

a. motive

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

a. never a crime

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

a. punishment

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

a. purpose

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

a. receiving stolen property

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

a. requires the victim die within a year and a day

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

a. specific intent

Strict liability statutes a. generally provide for harsh penalties b. 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

b. do not require the prosecutor to prove criminal intent (Page 69)

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

b. does not always make a difference

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

b. guilty act

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

b. guilty act and guilty mind

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

b. motive

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

b. require proof the defendant knew the property was stolen

For crimes in which a harm has occurred, the state must prove a. the harm to the victim occurred immediately b. the defendant's act was the ordinary and proximate cause of the harm c.both that harm to the victim occurred immediately, and that the defendant's act was the ordinary and proximate cause of the harm d.neither that harm to the victim occurred immediately, nor that the defendant's act was the ordinary and proximate cause of the harm

b. the defendant's act was the ordinary and proximate cause of the harm

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

c. beyond a reasonable doubt

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

c. criminal intent

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

c. guilty mind

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, acts a. purposely b. knowingly c. recklessly d. negligently

c. recklessly

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

c. the reason the defendant committed the crime

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

d. does not allow mistake as to the age of the minor to be used as a defense

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

d. negligently

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

liability

The reason a person commits a crime is called _________.

motive

Proximate cause is the ordinary and ____ cause of a result.

probable

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

proximate cause