Deck 2: Elements of a Crime

Question 1

In general, there are four elements to every crime in the United States. Which of the following is not one of those elements?

A) act
B) state of mind
C) motive
D) causation

Answer 1

C

Question 2

A criminal act may not be based upon which of the following?

A) possession
B) involuntary conduct
C) agreement
D) the failure to act where a duty is present

Answer 2

B

Question 3

Which of the following does not create criminal culpability for a failure to act?

A) parents to aid their children
B) physicians to aid their patients
C) any duty imposed by a contract
D) injurer to aid person harmed

Answer 3

D

Question 4

The Model Penal Code provides four different levels of intent. Which of the following is not included?

A) intentional
B) purposely
C) negligently
D) recklessly

Question 5

When a defendant acts knowingly in that a state of awareness is involved, but the awareness is of risk, that is of a probability less than substantial certainty, under the Model Penal Code, this level of culpability is identified as:

A) purposely
B) negligently
C) recklessly
D) knowingly

Question 6

When a defendant consciously engages in conduct of which he is aware creates a substantial risk and yet continues he is said to act______________ under the Model Penal Code.

A) knowingly
B) recklessly
C) negligently
D) purposely

Question 7

Evidence of facts other than those on which proof is needed but from which deductions or inferences may be drawn concerning the facts in dispute is the definition of:

A) direct evidence
B) inference
C) circumstantial evidence
D) presumptive evidence

Question 8

Criminal culpability is imposed in some situations even though no fault or evil intent can be shown on the part of the accused. There are three categories of liability without fault. Which is not included?

A) extemporaneous
B) enterprise
C) strict
D) vicarious

Question 9

The act of selling alcoholic beverages to a minor in most jurisdictions is a crime. It is an example of _______________ liability.

A) extemporaneous
B) enterprise
C) strict
D) vicarious

Question 10

In _________________ liability the actus reus of one actor is imputed to another person.

A) extemporaneous
B) enterprise
C) strict
D) vicarious

Question 11

Corporations are held responsible for the criminal acts of their agents only when those agents are:

A) acting pursuant to a contract
B) acting in the interest of the corporation
C) acting within the scope of their corporate employment
D) acting pursuant to labor union rules

Question 12

In addition to the four elements for all crimes, some require which additional element?

A) mitigating circumstances
B) aggravating circumstances
C) attendant circumstances
D) extenuating circumstances

Question 13

A defendant may not be held criminally responsible unless it can be proven that his acts caused the injury, death, or property damage to the victim. This is known as the ______________________ element required of all crime in the United States.

A) actus reus
B) mens rea
C) causation
D) result

Question 14

A criminal act committed against a victim who dies later may be followed by other noncriminal acts that contribute to the victim's death. If, however, the crime is a _______________________________________ contributing to that death, it may be judged the legal cause.

A) substantial factor
B) intervening act
C) contributing factor
D) insubstantial factor

Question 15

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. The correct charge against the actor is:

A) voluntary manslaughter
B) murder
C) felony murder
D) attempted murder

Question 16

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. In this case the cancer would be:

A) a substantial factor
B) an intervening act
C) a contributing factor
D) no factor

Question 17

In which case did the U.S. Supreme Court invalidate a state statute that made it a misdemeanor for a person to "be addicted to the use of narcotics."

A) Granite Construction Co. v. Superior Court
B) New York Central and Hudson River Railroad Co. v. United States
C) People v. Decina
D) Robinson v. California

Question 18

In which court case did the U.S. Supreme Court hold that, "The act of agent, while exercising the authority delegated to him may be controlled, in the interest of public policy, by imputing his act to his employer and imposing penalties upon the corporation for which he is acting?"

A) Granite Construction Co. v. Superior Court
B) New York Central and Hudson River Railroad Co. v. United States
C) People v. Decina
D) Robinson v. California

Question 19

In which court case did the Fifth District Court of Appeals emphasize the economic benefits that corporations might enjoy if they were not responsible for damages and personal injuries (or deaths) caused by their defective products?

A) Granite Construction Co. v. Superior Court
B) New York Central and Hudson River Railroad Co. v. United States
C) People v. Decina
D) Robinson v. California

Question 20

A(n) __________________ is one that a reasonable person might conclude was sufficient to support the resulting injury or death.

A) Intention
B) Substantial factor
C) Culpability
D) Mitigating circumstance

Question 21

It may be difficult to that an act occurred even when it did.

A) Doubt
B) Intend
C) Prove
D) Interpret

Question 22

Which element of a crime refers to the state of mind referring to the willful commission or omission of an act one has a legal duty to perform?

A) Intent
B) Act
C) Causation
D) Concurrence

Question 23

What crime stems from the belief that young people need to be protected from sexual experiences?

A) Murder
B) Statutory rape
C) Rape
D) Sodomy

Question 24

Which of the following is an example of a corporation that was mentioned in the text dealing with enterprise liability?

A) Chevron
B) Texaco
C) Maverik
D) Enron

Question 25

Which type of intent refers only to the willful commission of an act (or the omission of an act that one has a legal duty to perform)?

A) Specific
B) Concurrent
C) General
D) Subjective

Question 26

The law requires four elements to be present for the commission of all crimines. What is the result if one of those elements is not present, for instance, if there is an act and a requisite state of mind but causation is not met?

Question 27

Explain the necessity of voluntariness of the act in the commission of an offense.

Question 28

Explain the difficulties encountered when one is assessing and defining voluntariness.

Question 29

What type of liability do statutory rape laws have, and why is that constitutional?

Question 30

Discuss the theory under which the government could hold a corporation liable in a murder case, for example. How would that kind of case proceed?

Question 31

Explain how possession can be sufficient to meet the "act" requirement to constitute a criminal offense.

Question 32

Explain the difference between an inference and a presumption and the use of each in the proof of intent.

Question 33

In statutes that have attendant circumstances, what is the importance of the attendant circumstances in the context of proof at trial?

Question 34

Why must causation be proved?

Question 35

When can an individual be liable for a failure to act?

Question 36

Discuss and explain enterprise liability.

Question 37

List the elements of a crime.

Question 38

Identify the levels of culpability included in the Model Penal Code (MPC). Define each level of culpability, then compare and contrast the levels identified.

Question 39

Explain why involuntary actions are not considered criminal. Provide some examples of involuntary actions that will not result in criminal culpability.

Question 40

Describe the concept of causation in criminal law.

Question 41

What are attendant circumstances? How do they play a role in the criminal culpability of an offender?

Question 42

Define strict liability. Why do most jurisdictions consider statutory rape a strict liability offense? Do you believe it is just to hold individuals criminally liable for actions in which they did not possess any intent to commit the crime? Explain why you do/do not believe the concept of strict liability in criminal law is just, presenting clear arguments to support your belief and addressing potential arguments from the other side of the debate.

Question 43

What are the limitations of enterprise liability?

Question 44

Define and give an example of an intervening act.