Deck 4: Elements of Crimes and Parties to Crimes

Question 1

In 2011 Congress adopted the Model Penal Code

Answer 1

False

Question 2

At common law, a wife could not be an accessory after the fact to a felony committed by her husband.

Answer 2

True

Question 3

In prosecuting a specific-intent crime, it is necessary that a prosecutor establish a defendant's intent, but it is not necessary that the prosecutor establish the defendant's motive.

Answer 3

True

Question 4

The term mala prohibita refers to crimes involving universal moral wrongs.

Question 5

The law cannot criminalize the status of being addicted to narcotics, but it can punish an alcoholic for the act of public intoxication.

Question 6

In most instances a prosecutor must establish the defendant's criminal intent as well as the commission of a prohibited act.

Question 7

To be found guilty of a crime a person must commit a voluntary act, and in most instances, that act must be committed with criminal intent.

Question 8

The intent requirement has no bearing on the defenses available to the defendant in a criminal trial.

Question 9

Unlike the civil law, the criminal law generally does not punish people for unintentional wrongs.

Question 10

General intent refers to an actor's mental purpose to accomplish a particular result beyond the act itself.

Question 11

A person's failure to act can never be the actus reus of a crime.

Question 12

In certain instances, mere possession of an item can be classified as a crime.

Question 13

In certain crimes the intent that must be proven determines whether particular defenses are available to the defendant.

Question 14

The term mens rea refers to a person's motive for doing an illegal act.

Question 15

In Robinson v.California (1962), the U.S.Supreme Court declared unconstitutional a California statute that made it an offense for a person "to be addicted to the use of narcotics."

Question 16

In special cases, a person can be found guilty of an offense based solely on their criminal intent.

Question 17

The actus reus requirement can be fulfilled by a person's failure to act where there is a family relationship or statutory or contractual duty to act.

Question 18

In a specific-intent crime, a criminal intends to accomplish a particular result.

Question 19

Under our system of law, a person cannot be punished merely for an evil intention.

Question 20

The common law did not distinguish among the various actors in felonies based on their degree of participation in the crime.

Question 21

"[U]nder the doctrine of ______, it is immaterial whether the defendant intended injury to the person actually harmed; if he in fact acted with the required or elemental intent toward someone, that intent suffices as the intent element of the crime charged as a matter of substantive law."

A)specific intent
B)culpable negligence
C)reckless indifference
D)transferred intent

Question 22

At common law, a person whose intentional conduct involved only indirect participation in a crime was classified as an _________.

A)accessory
B)innocent party
C)ombudsman
D)agent

Question 23

In _________, the Supreme Court ruled that the crime for which the defendant was prosecuted was a variant of the common-law offense of larceny and that failure to include the intent requirement in the statute did not eliminate the element of intent.

A)United States v.United States Gypsum Co.(1978)
B)United States v.Knight (2007)
C)Holloway v.United States (1999)
D)Morrissette v.United States (1952)

Question 24

The Model Penal Code rejects the common-law terms for intent.Instead, it proposes four states of mind: purposeful; knowing; reckless; and ___________.

A)insane
B)comatose
C)wanton
D)negligent

Question 25

Many mala prohibita crimes are ________ offenses.

A)common-law
B)mala in se
C)ancient
D)strict liability

Question 26

The Model Penal Code was produced by __________.

A)Congress
B)the National Center for State Courts
C)the American Law Institute
D)the Federal Judicial Center

Question 27

Even though the common-law distinction between principals and accessories before the fact has been largely abolished, the concept of ________ as a separate offense has been retained by many jurisdictions.

A)compurgation
B)accessory after the fact
C)voir dire
D)vicarious liability

Question 28

When an offense is defined in a manner that a specific result must occur, the concept of causation becomes important.This is most commonly associated with _________ offenses.

A)mala in se
B)strict liability
C)white collar
D)homicide

Question 29

Under English common law, one directly involved in the commission of a felony was classified as ___________.

A)a tortfeasor
B)a misdemeanant
C)an accessory
D)a principal

Question 30

Where a crime requires only proof of a ____ intent, the fact finder (i.e., the judge or jury) may infer the defendant's intent from circumstances surrounding the commission of the criminal act.

A)specific
B)general
C)criminal
D)tortious

Question 31

Having consensual sexual relations with a minor is generally considered a _______ offense.

A)strict liability
B)mala in se
C)civil
D)secondary

Question 32

The one indispensable element of a crime is the _________.

A)actus reus
B)mens rea
C)fusion of act and intent
D)strict liability

Question 33

Normally, to convict a person of a crime, the prosecution must prove that an actus reus occurred with a concurrent ________________.

A)motive
B)malice
C)assumption of risk
D)criminal intent

Question 34

"The distinction between _________ and __________ crimes is that the former involve a particular criminal intent beyond the act done, while the latter involve merely the intent to do the physical act."

A)specific intent; general intent
B)general intent; specific intent
C)transferred intent; general intent
D)general intent; transferred intent

Question 35

A person cannot be held criminally liable for a (an) __________.

A)prohibited act
B)intention
C)misdemeanor
D)felony

Question 36

Actual possession exists when a person has something under his or her direct physical control; ______ possession is a more difficult thing to prove.

A)constructive
B)symbolic
C)transitive
D)retentive

Question 37

__________ is defined as "a cause that in a natural, continuous sequence, unbroken by any intervening causes, produces the consequences that occur."

A)Ultimate cause
B)Proximate cause
C)Natural cause
D)Probable cause

Question 38

General intent exists when from the surrounding circumstances, the prohibited result may reasonably be expected to follow from the offender's ___________, irrespective of a subjective desire to have accomplished such result.

A)voluntary act
B)design
C)motive
D)conspiracy

Question 39

When a person has a given object under his or her direct physical control, that person is said to be in ______________ of that object.

A)constructive possession
B)actual possession
C)effective control
D)effective ownership

Question 40

In Powell v.Texas (1968), Powell was a chronic alcoholic who was convicted of _______.

A)disorderly conduct
B)resisting arrest
C)public intoxication
D)lewd and lascivious conduct

Question 41

At common law, parties to felonies were denominated as __________ in the first and second degree, and accessories before and after the fact.

Question 42

_____________ is the intent to engage in a prohibited act but not necessarily to cause the harmful results that occur from that act.

Question 43

The Latin term _________ means "the act of a criminal."

Question 44

Modern criminal law has largely abolished the distinction between principals and ______________________.

Question 45

At common law parties to crimes were classified as principals, accessories before the fact and ________________________.

Question 46

The rationale for the _____ requirement is to prevent a person from being guilty of an offense based on evil thoughts or intent alone.

A)mens rea
B)fusion
C)actus reus
D)substantial step

Question 47

A person who has the power and intention to control something either directly or through another person is said to be in ____________ possession of that thing.

Question 48

The traditional elements of a crime are a person's wrongful act (actus reus) and _________.

Question 49

Modern statutes tend to view an ____________ as being less culpable than someone who plans, assists, or commits a crime.

Question 50

At common law, crimes were classified as requiring either general intent or ________.

Question 51

In Holloway v.United States (1999), the Supreme Court interpreted the federal carjacking statute as including a (an) __________ element.

A)specific-intent
B)general-intent
C)criminal negligence
D)reckless disregard

Question 52

Many modern mala prohibita crimes are ________ offenses.

Question 53

To establish that a defendant is guilty of a crime, the prosecution must prove the defendant committed some legally proscribed act or ___________when the law required certain action.

Question 54

Laws use a variety of terms to describe the mens rea requirements of crimes, including "willfully," "maliciously," "wrongfully" and "__________."

A)deliberately
B)recklessly
C)negligently
D)All of these

Question 55

The law recognizes two classes of possession: actual possession, where a person has something under direct physical control; and _____________, where a person has the power and intention to control something either directly or through another person.

Question 56

Which of the following is not an actus reus?

A)the failure to file a federal income tax return when one has a legal obligation to do so
B)swinging one's fist at someone's head without justification, but missing
C)deciding to kill the man who swindled your father out of his land
D)possessing cocaine without a prescription or any legal authority to do so

Question 57

Laws allowing criminal liability irrespective of intent are known as ______________ laws.

Question 58

The Model Penal Code classifies culpable mental states in descending order as purpose, knowledge, recklessness, and _________.

Question 59

Which of the following laws does NOT define a specific-intent crime?

A)A statute that defines burglary as "the unauthorized entry of a dwelling by a person with the intent to commit theft therein."
B)A statute defining murder that includes the language "premeditated killing of a human being."
C)A law making it an offense for any person "to willfully and with the intent to injure or defraud an insurance company set fire to any building."
D)A law making it a crime to possess controlled substances without a doctor's prescription.

Question 60

Strict liability crimes are exceptions to the common-law concept of requiring proof of a defendant's _______.

Question 61

Distinguish between actual and constructive possession using hypothetical examples.

Question 62

An attorney representing Wannabe in a criminal prosecution would most likely stress:

A)that her failure to act was not the proximate cause of the student's death
B)that she had no duty to protect her students from weapons possessed by other students
C)that as a teacher she is immune from criminal liability
D)that she was not aware of a serious and imminent threat

Question 63

Many mala prohibita crimes are strict liability offenses and therefore do not require proof of __________.

Question 64

The fact that a statute is silent on the matter of criminal intent does not necessarily mean that it defines a ____________ offense.

Question 65

In this scenario Dryer would most likely be considered:

A)an accessory before the fact
B)an accessory after the fact
C)a principal
D)none of these

Question 66

What is the difference between general and specific intent? Illustrate with language indicating a specific-intent statute.

Question 67

Explain why it is important to determine the intent required by a criminal statute.

Question 68

At common law, an accessory ____________ was one who procured or counseled another to commit a felony but who was not actually or constructively present at the commission of the offense.

Question 69

If we change the scenario so that Dryer has no knowledge of the crime until after it has been perpetrated and comes to the scene to rescue her boyfriend only after getting a call on her cell phone, then in most states Dryer would likely be considered:

A)an accessory before the fact
B)an accessory after the fact
C)a principal
D)none of these

Question 70

Most likely, Ms.Wannabe is:

A)in jeopardy of criminal prosecution for manslaughter
B)in jeopardy of criminal prosecution for reckless endangerment
C)in jeopardy of civil liability
D)neither civilly nor criminally liable in this case

Question 71

The __________ uses the terms purposely, knowingly, recklessly, and negligently to describe four culpable mental states allowing for criminal responsibility.

Question 72

The trial judge will most likely hold that:

A)Michael's addiction absolves him of criminal responsibility in this case.
B)Michael's addition is irrelevant because burglary and theft are strict liability offenses.
C)Michael can be held criminally responsible for burglary and theft of money and other property, but be cannot be convicted of theft of prescription drugs due to his addiction.
D)The Robinson case is inapplicable because Michael is not being prosecuted for his status of being a drug addict.

Question 73

Distinguish between the concepts of motive and intent in the criminal law.

Question 74

In this scenario the boyfriend is:

A)an accessory before the fact
B)an accessory after the fact
C)a principal
D)none of these

Question 75

Steve would most likely be viewed as:

A)an accessory before the fact to these offenses.
B)an accessory after the fact to these offenses.
C)a principal in these offenses.
D)neither an accessory nor a principal in these offenses.

Question 76

Certain offenses, known as strict liability crimes, are exceptions to the common-law concept of requiring proof of a defendant's _______________.

Question 77

Under what circumstances might a person's failure to act constitute a criminal act?

Question 78

If John chooses to contest the charge in court, he will likely:

A)be found not guilty because he really had no intent to exceed the speed limit
B)be found not guilty because the speeding was due to a mechanical problem over which John had no control
C)be found guilty because speeding is a strict liability offense
D)be found guilty because any reasonable person whose car was moving at 50 MPH would know that he was driving well beyond 30 MPH.

Question 79

Which of the following legal concepts comes into play in this case?

A)transferred intent
B)act of omission
C)proximate cause
D)constructive possession

Question 80

Which of the following statements is NOT true?

A)Goy can be charged with the attempted murder of Peter Pompoy.
B)Goy can be charged with the premeditated murder of Jackson Jive.
C)Morse can be charged as an accessory after the fact.
D)Goy cannot be guilty of any unlawful killing of Jackson Jive because he intended to kill only Pompoy.