Criminal Law Regionals 2016: Chapter 3

19. 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

24. 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

30. 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

25. 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

8. 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

28. 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

5. 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

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

a. punishment

14. 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

15. 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

4. 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

20. 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

11. 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

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

a. purpose

27. 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

21. 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

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

a. intent

13. 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

17. 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

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

b. guilty act

6. 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

18. 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

b. has been abolished or amended in many states

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

b. motive

9. 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

16. 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

7. 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

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

c. criminal intent

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

c. guilty mind

3. 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

10. 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