Question 1

When a crime requires a particular result, the prosecution must prove that the defendant's actusreus, performed with the requisite mens rea, actually caused the required result.

Accepted Answer

For a crime that necessitates a specific outcome, it is essential for the prosecution to demonstrate that the defendant's actus reus (the physical act of the crime) was carried out with the necessary mens rea (the mental intent) and that this combination directly led to the criminal result in question.

Question 2

Crimes in which people are physically victimized are considered to be the most serious of criminal offenses.

Accepted Answer

Crimes where individuals are physically harmed, such as assault, murder, and rape, are generally considered the most serious due to the direct impact on victims' well-being and life.

Question 3

The commission of a crime is never excusable and always requires punishment.

Accepted Answer

The commission of a crime can sometimes be excused or justified under certain circumstances, such as self-defense, duress, or insanity, which may lead to acquittal or reduced punishment.

Question 4

The major defenses of excuse are infancy of age, insanity, mistake, intoxication and duress.

Accepted Answer

These are recognized as major defenses of excuse in criminal law, where the defendant argues that they should not be held fully responsible for their actions due to their mental state or circumstances at the time of the offense.

Question 5

Defenses of justification assume that the act was deliberate, but argue that it was committed for a reason deemed justifiable under the law.

Accepted Answer

Defenses of justification, such as self-defense or necessity, acknowledge that the defendant intentionally committed the act in question but argue that the act was legally permissible under the circumstances, thus not deserving of punishment.

Question 6

Immunity is a procedural defense in which a defendant is given freedom from criminal prosecution due to his or her status as a foreign diplomat or as a cooperating witness for the government in a larger prosecution.

Accepted Answer

Immunity is indeed a procedural defense that can protect certain individuals from criminal prosecution, notably foreign diplomats under diplomatic immunity, and individuals cooperating with the government in legal proceedings who may be granted immunity in exchange for their testimony or assistance.

Question 7

Procedural defenses are rooted in concern for due process and other forms of procedural justice.

Accepted Answer

Procedural defenses focus on ensuring that a defendant's trial is conducted fairly and in accordance with established legal procedures, which are fundamental aspects of due process and procedural justice.

Question 8

The defenses of excuse are those in which a defendant admits to having committed a criminally proscribed actusreus, and did so with mens rea, but asserts that circumstances surrounding the act render it justifiable under the law.

Accepted Answer

The defenses of excuse are those where the defendant argues that some personal condition or circumstance at the time of the offense should exempt them from being held accountable for the act, not that the act was justifiable under the law. Justifications, not excuses, argue that the act was legally permissible.

Question 9

Children under the age of 14 are presumed to be able to form mens rea.

Accepted Answer

Children under the age of 14 are generally presumed not to have the capacity to form mens rea, which is the intention or knowledge of wrongdoing that constitutes part of a crime, due to their age and presumed lack of maturity and understanding.

Question 10

In most U.S. jurisdictions, the insanity defenses excuses criminal liability if, as a result of a qualifying mental disease or defect, a person lacks the substantial capacity to appreciate the wrongfulness/criminality of his or her actions.

Accepted Answer

The insanity defense in most U.S. jurisdictions is based on the Model Penal Code standard, which states that a person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect, they lack substantial capacity either to appreciate the criminality (wrongfulness) of their conduct or to conform their conduct to the requirements of the law.

Question 11

The First Amendment provides several protections that place limits on the power of government to criminalize speech, religious practices, and the ability to assemble and demonstrate peacefully.

Accepted Answer

The First Amendment to the United States Constitution protects freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.

Question 12

The First Amendment generally forbids censorship or other restraints on speech or expression by the media.

Accepted Answer

The First Amendment to the United States Constitution protects the freedom of speech and press, generally prohibiting the government from restricting the press or the rights of individuals to speak freely. It does not, however, prevent private entities from imposing their own restrictions on speech.

Question 13

Neither defamation nor obscenity receives First Amendment protection.

Accepted Answer

Defamation and obscenity are not protected by the First Amendment because they do not contribute to the exchange of ideas and can cause harm to individuals or society.

Question 14

A state could criminalize a truly accidental killing.

Accepted Answer

In the United States, criminal laws generally require some level of intent or recklessness for a killing to be considered criminal. A truly accidental killing, without any negligence or recklessness, typically would not be criminalized.

Question 15

Third party policing recognizes that there are limits to what police can do to control or prevent crime, and calls upon others in the community to become involved in crime prevention and reduction activities.

Accepted Answer

Third party policing involves strategies that encourage or coerce non-police entities, such as community members or businesses, to take part in crime prevention and control, acknowledging the limitations of police efforts alone in effectively managing crime.

Question 16

The substantive rights contained in the First Amendment, such as the freedoms of speech, peaceable assembly, and freedom of religion, are all fundamental rights.

Accepted Answer

The First Amendment of the United States Constitution protects several fundamental rights, including the freedoms of speech, peaceable assembly, and religion, which are considered essential to the democratic process and individual liberty.

Question 17

Some fundamental rights and liberties are not listed in the Constitution, but are based on rulings in Supreme Court decisions.

Accepted Answer

The U.S. Supreme Court has interpreted the Constitution to protect certain rights and liberties that are not explicitly mentioned in the document, such as the right to privacy, through its decisions.

Question 18

Mala in se crimes are those common law crimes against the person and crimes against property that are clearly morally wrong in and of themselves.

Accepted Answer

Mala in se refers to actions that are considered inherently wrong by nature, morally reprehensible, and universally condemned, such as murder, theft, and rape. These crimes are recognized as fundamentally wrong regardless of legal statutes.

Question 19

Mala prohibita offenses are not necessarily inherently bad or evil acts.

Accepted Answer

Mala prohibita offenses refer to actions that are considered crimes because they are prohibited by law, not because they are inherently immoral or evil. These offenses are deemed wrong by virtue of being outlawed, such as traffic violations or regulatory offenses, rather than being intrinsically bad.

Question 20

The First Amendment protects people's rights to act on their religious beliefs (or to believe nothing at all) in the Establishment Clause.

Accepted Answer

The First Amendment's Establishment Clause prohibits the government from establishing a religion, while the Free Exercise Clause protects individuals' rights to practice their religion.

Quiz 9: Criminal Law