Deck 3: Elements of Crimes

Question 1

Dawn was driving down the road when she spotted a one-car accident and a woman named Sarah on the side of the road. Dawn stopped to call 911 and began to render aid while waiting on the ambulance. Dawn attempted to perform CPR, but she broke several of Sarah's ribs in the process. The broken ribs punctured Sarah's lungs, causing Sarah to go into respiratory failure. Sarah died shortly thereafter. Which of the following is NOT correct?

A) Dawn was obligated to assist Sarah under the American bystander rule.
B) Even though Sarah died as a result of the trauma caused by the punctured lung, Dawn's intervention may be protected under a Good Samaritan law.
C) Dawn would have been obligated to assist Sarah under the European bystander rule.
D) Depending on what state Dawn is in, state law might require her to assist Sarah.

Answer 1

C

Question 2

Which of the following is not considered an involuntary act under the Model Penal Code?

A) conduct during hypnosis or resulting from hypnotic suggestion
B) bodily movement that is the conscious product of the actor
C) bodily movement during unconsciousness or sleep
D) a reflex or convulsion

Answer 2

B

Question 3

The police executed a search warrant on Jerry's home and found large quantities of cocaine and marijuana in his bedroom closet. Jerry may be properly charged with possession of illegal substances based on which concept of possession?

A) fleeting possession
B) joint possession
C) actual possession
D) constructive possession

Answer 3

D

Question 4

One night, while showing off her new pistol, Mary fired the pistol through her bedroom window. The bullet hit Jo, who was walking her dog down the street. Which of the following forms of intent best describes Mary's conduct?

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

Question 5

Will shot Brad as an act of revenge. During surgery, the surgeon accidentally severed a major artery, and Brad died. Choose the best answer for the most likely outcome.

A) Will is not guilty because the doctor's negligence was the proximate cause of Brad's death.
B) Will is likely guilty of homicide because medical negligence is a foreseeable consequence of a gunshot wound.
C) Will is likely guilty under the Model Penal Code because his conduct is the proximate cause of Brad's death.
D) Will is not guilty because Brad died as the result of a coincidental intervening act.

Question 6

A determination that it is fair or just to hold a defendant legally responsible for an injury of death is a determination of which type of causation?

A) express
B) proximate
C) but for
D) responsive

Question 7

The ______ rule states that an individual is not legally required to assist a person who is in peril.

A) Good Samaritan
B) American bystander
C) duty to intervene
D) omission

Question 8

Under the Model Penal Code, an act is not a crime unless there is a voluntary act.

Question 9

Someone who is addicted to illegal drugs may be convicted solely for being an addict.

Question 10

Most jurisdictions have laws that require bystanders to intervene in certain circumstances so long as they themselves would not be placed in danger.

Question 11

When a person acts negligently, the person is aware of a risk but does not intend the consequences of one's actions.

Question 12

Strict liability offenses are mala in se.

Question 13

The cause in fact of a crime is also known as "but for" causation.

Question 14

A strict liability crime requires proof of both the actus reus and mens rea.

Question 15

Under the Model Penal Code, recklessness is the most serious form of criminal intent.

Question 16

A person can be convicted for a condition or state of being.

Question 17

Define actus reus and explain its significance.

Question 18

Distinguish between the American bystander rule and the European bystander rule.

Question 19

What is the doctrine of transferred intent, and what is the rationale for the doctrine?

Question 20

Distinguish between recklessness and negligence.