Crim Law Exam 2 Part I

A corporation is not considered a person under the law.

False

A factual impossibility is a legal defense to an attempt to commit a crime.

False

A reason to support the necessity defense is that individuals should not be encouraged to violate the law.

False

All 50 states have necessity statutes.

False

The Model Penal Code states that force is justifiable when one believes they will be attacked on "the present occasion."

True

The ______ of solicitation requires efforts to get someone else to commit a crime.

actus reus

An accessory after the fact must take steps to hinder the felon's arrest. Which element of accessory after the fact is this referring to?

affirmative act

A(n) ______ is someone who unlawfully initiates force and is not entitled to self-defense.

aggressor

The ______ states that someone intervening "stands in the shoes" of the person they are assisting.

alter ego rule

A person throws a poisoned dog treat over the fence to kill the dog next door. However, she later finds out that the dog moved in with one of the owner's kids in the next town over. What is this an example of?

factual impossibility

In a(n) ______, a defendant can be convicted of manslaughter as opposed to murder.

imperfect self-defense

Which of the following individuals would be capable of consent?

25-year-old woman

What is the significance of Smallwood v. State?

A rapist with HIV was charged with attempt to murder his victims.

______ can happen when someone voluntarily has a change of heart and stops before they finish committing a crime.

Abandonment

Which of the following is a reason to justify limiting the use of deadly force to apprehend suspects?

Bystanders may be injured by stray bullets.

What is the significance of United States v. Dotterweich?

Corporations can be held liable under the Federal Food, Drug, and Cosmetic Act.

______ force is that which a reasonable person would believe could cause death or serious bodily harm.

Deadly

According to common law, conviction as an accessory before the fact required that a defendant assist someone he knew had committed a felony.

False

As an element of accessory after the fact, the crime must have been detected by police.

False

In a withdrawal in good faith, a person retreats with the intent of continuing the conflict.

False

Legal actors agree over how far one must be toward completing a crime to be held liable for attempt.

False

People who are intoxicated are capable of consent.

False

The English rule for resisting an unlawful arrest stated that no citizen could resist an illegal arrest.

False

The Model Penal Code test asks whether an ordinary person watching the defendant would conclude that the defendant clearly intended to commit a crime.

False

The fact that someone consents to be the victim of a crime constitutes a defense.

False

The objective approach to criminal attempt focuses on someone's intent.

False

The prosecution must demonstrate that the accomplice's contribution was essential to the commission of the crime.

False

There is agreement over what is considered mens rea for accomplice liability.

False

What is the significance of Harshaw v. State?

In cases of self-defense, the defendant should be convicted for manslaughter rather than murder.

What is the significance of Bailey v. United States?

Individuals who are innocent sometimes flee the scene of a crime.

What is the significance of State v. Linscott?

It is the leading case on the natural and probable consequences doctrine.na

______ happens when someone mistakenly believes they are acting illegally.

Legal impossibility

Which statement accurately compares factual and legal impossibility?

Legal impossibility is a legal defense, but factual impossibility is not.

______ laws authorize the use of any force against intruders who might use physical force, no matter how slight.

Make my day

Yuuki was outside and saw her next-door neighbor assault his wife. Is Yuuki an accomplice to a crime?

No, she is not an accomplice for witnessing a crime.

______ are for adults who abuse or neglect their children.

Parental responsibility laws

Ryan's parents threw him a party at their house when he graduated from high school. There was alcohol at the party, and many of Ryan's teenage friends were drinking. One of Ryan's friends, who had been drinking, got into an accident while driving home from the party. Who is liable for the accident?

Ryan's parents

What is the significance of State v. Schroeder?

Self-defense could not be used because the harm was not imminent.

______ hold adults liable for providing alcohol to minors in their home if an accident or injury occurs.

Social host liability laws

______ refers to hiring or encouraging someone else to commit a crime.

Solicitation

______ state that it is criminal for adults to host a party for minors and serve them alcohol.

Teen party ordinances

What is the significance of Rex v. Scofield?

The law of attempt was recognized by common law.

______ states that being at the scene and watching the commission of a crime does not satisfy the actus reus requirement of accomplice liability.

The mere presence rule

______ states that someone assisting in committing a crime can be held liable as an accomplice for the crime they aided and abetted and for crimes that are the outcome of the criminal conduct.

The natural and probable consequences doctrine

Which statement accurately compares the objective and subjective approaches to criminal intent?

The objective approach focuses on the act, while the subjective approach focuses on the intent.

______ requires an act that comes extremely close to the commission of the crime.

The objective approach to criminal attempt

Which is most true of a criminal attempt?

The offender performs acts nearing the completion of a crime with intent.

Which statement accurately compares the physical proximity test with the last step test?

The physical proximity test is less demanding than the last step approach.

Which of the following is an agreed upon central element of the necessity defense?

There was an immediate and imminent harm.

What is the modern view of accessories to a crime?

They should not be treated as harshly as the perpetrator of the crime.

Why have states rejected the natural and probable consequences doctrine?

This doctrine allows conviction without proof that the accused possessed mens rea.

A criticism of solicitation is that there is a risk that people will be convicted based on a false accusation.

True

Accessories assist the principal parties of a crime.

True

An impossible attempt happens when a perpetrator makes a mistake executing a crime.

True

Common law allowed people to use deadly force when they reasonably believed deadly force was required to prevent an imminent and unlawful entry into their homes.

True

Common law limited the intervention in defense of others to protecting family and people in the workplace.

True

Criminal attempt involves dual intent.

True

If your friend borrows your car and gets a parking ticket, you are responsible for paying the ticket.

True

In the United States, people have the right to resist a police officer's use of excessive force in executing arrest.

True

Police could use deadly force against someone they reasonably believed had committed a felony up until the 14th century.

True

Respondeat superior expands vicarious liability to a corporation for the acts of employees.

True

Retribution is a reason to punish an attempted crime.

True

Self-defense is recognized as a defense in all 50 states.

True

Solicitation is a type of accomplice liability.

True

Some courts do not recognize the abandonment defense if the crime attempt is complete.

True

Some states have rejected or restricted the natural and probable consequences doctrine.

True

Someone acting with a reasonable, but mistaken, belief that they are subject to an armed attack, can use the justification of self-defense.

True

Someone who abandons an attempt to commit a crime based on extraneous factors is criminally liable.

True

State v. Anderson determined that under the state's make my day law, the occupant could use whatever degree of force they wanted if they thought the intruder would use force against them.

True

The actus reus of solicitation requires efforts to get someone else to commit a crime.

True

The crime of solicitation is complete as soon as there is a statement requesting another person to commit a crime.

True

The defense of abandonment provides an incentive to renounce criminal acts before completion.

True

The mens rea requirement for accomplice liability in serious crimes is often satisfied by knowledge of a defendant's criminal plans.

True

The oil company BP pleaded guilty and paid the largest criminal fine in history for their 2012 oil spill.

True

The prosecution does not have to demonstrate that the accomplice's contribution was essential to the commission of the crime.

True

There is a lack of agreement over what is considered mens rea for accomplice liability.

True

Vicarious liability conflicts with the idea that individuals should be held responsible for their actions.

True

Vicarious liability is often used to hold employers liable for the criminal acts of employees.

True

While you may intervene to protect someone else, you are not required to.

True

______ liability refers to when one party is held responsible for the unlawful actions of another party.

Vicarious

What was the significance of King v. State?

We have the right to resist an unlawful arrest and can use force as necessary.

Michelle was confronted by an armed intruder in her home. The intruder came at her with a knife, and she pulled out her firearm and shot the intruder in the leg. According to the reasonableness test, would Michelle be entitled to the justification of self-defense?

Yes, she thought she faced an imminent attack; a reasonable person would have thought the same.

When someone fires a weapon and misses the intended victim, it is an example of ______.

a complete attempt

According to common law, conviction as a(n) ______ required that a defendant conceal or assist someone who they knew committed a felony to hinder the offender's arrest, prosecution, or conviction.

accessory after the fact

Due to the recession caused by the global pandemic, Ethan had to declare bankruptcy. He was planning to burn down his restaurant in order to collect the insurance. His friend Celeste helped by purchasing gasoline for Ethan so that Ethan could burn it down. Under common law, what type of party to the crime is Celeste?

accessory before the fact

An offender goes to steal a pair of sunglasses that she sees on the table. She later realizes that she has taken her own sunglasses. What type of attempt is this?

impossible

When trying to kill someone, an individual enters that person's bedroom and shoots the bed, not realizing that there is nobody in the room. What type of attempt is this?

impossible

A perpetrator aims a gun at a victim but is stopped by the police before shooting the victim. What type of attempt is this?

incomplete

An individual stuck pins in a voodoo doll and was acquitted of attempted murder. What type of impossibility is this an example of?

inherent

The ______ of solicitation requires the intent that another person commit a crime.

mens rea

A ______ is a person convicted of a more minor crime.

misdemeanant

One must believe force is needed to prevent the imminent infliction of death or serious bodily harm. What component of self-defense is this?

necessity

The ______ states that conduct that would normally be criminal is justified when preventing harm.

necessity defense

In which legal test for determining actus reus is the focus on the remaining steps required to complete the crime?

physical proximity to the commission of a crime

Under common law, a(n) ______ is the perpetrator of a crime.

principal in the first degree

A getaway driver would be an example of which type of party to a crime?

principal in the second degree

A suspect purchases a handgun for the purpose of robbing a store. What test could be applied to this example?

substantial step toward the commission of a crime

In the ______ test, a defendant's acts clearly indicate that they possessed an intent to commit a crime.

substantial step toward the commission of a crime

An archdiocese was held liable for the sexual abuse of a minor by a parish priest under their employment. What type of liability is this an example of?

vicarious

Your friend borrows your car and gets a parking ticket for parking on private property. Who is responsible for paying the ticket?

you