Question 1

What crime is a reckless or intentional, harmful, or offensive touching of another person?

Accepted Answer

Battery is the crime of intentionally or recklessly causing bodily harm or offensive physical contact to another person. Assault involves the threat or fear of bodily harm, but not necessarily the physical contact itself. Homicide is the killing of another person, and invasion of privacy involves intentional intrusion into a person's private affairs without their consent.

Question 2

Which of the following is an element of mens rea?

Accepted Answer

Mens rea refers to the mental state of the defendant at the time of the offense. It includes knowing, purposeful, and reckless acts as elements that can establish criminal intent. Therefore, all of the options are correct.

Question 3

What crime is the placing of another in apprehension or fear of an imminent battery?

Accepted Answer

The definition of assault is the intentional placing of another in apprehension or fear of an imminent battery. It is important to note that assault does not require physical contact or actual harm to be committed.

Question 4

What source of law divides the crime of homicide into degrees?

Accepted Answer

Statutes are the written laws created by legislative bodies, such as state or federal governments. Homicide is typically defined and divided into degrees through statutes, which specify the elements of the crime and the corresponding punishments. The other options listed are not typically sources of law for defining and classifying specific crimes.

Question 5

In California, what is the name of the proceeding in juvenile court that is similar to an arraignment in criminal court for adults?

Accepted Answer

A detention hearing in juvenile court is similar to an arraignment in adult criminal court. It is the initial hearing where the court determines if the juvenile should remain in custody or be released to their parents or guardians while awaiting further proceedings.

Question 6

In 2005, the United States Supreme Court held that the Eighth and Fourteenth Amendments forbid the imposition of the death penalty on persons who were under what age when they committed their crime?

Accepted Answer

The Supreme Court decision in Roper v. Simmons (2005) held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18, citing the Eighth and Fourteenth Amendments.

Question 7

Actus reus is:

Accepted Answer

Actus reus is the physical or external element of a crime, while mens rea is the mental or internal element. Actus reus refers to the conduct or act that is prohibited and can be observed or proved by evidence. So, it is the second element of a crime, and the correct answer is C. The other choices are incorrect because they are either irrelevant (A and D) or too narrow (B) to describe actus reus.

Question 8

The Model Penal Code is:

Accepted Answer

The Model Penal Code (MPC) is a collection of criminal statutes that serves as a guideline for states to adapt and implement in their own criminal codes. It is not a set of laws that is uniformly followed by all states or the federal courts, nor is it a set of uniform laws for federal criminal cases.

Question 9

A felony is often punishable by:

Accepted Answer

A felony is typically considered a serious crime and is punishable by at least one year's imprisonment. However, the exact punishment can vary depending on the severity of the crime and the state or jurisdiction in which it occurred. Option B is incorrect because six months is usually the minimum sentence for a misdemeanor, not a felony. Option C may apply in some cases, but it is not a guarantee for those convicted of a felony. Option D is incorrect because a felony is a serious offense that requires punishment.

Question 10

What is the actus reus of battery?

Accepted Answer

The actus reus of battery involves the physical act of intentionally touching another person in a harmful or offensive manner.

Question 11

Crimes can be committed against:

Accepted Answer

Crimes can involve harm or damage to property, physical harm or injury to a person, or harm to the public as a whole. Therefore, all of the given choices are correct.

Question 12

First degree murder is a homicide that is:

Accepted Answer

First degree murder involves all three elements of premeditation, willfulness, and deliberation. It is important to note that the specific definition of first degree murder may vary by jurisdiction.

Question 13

Which of the following is not a defense to a criminal charge?

Accepted Answer

The answer of Which of the following is not a...

Question 14

What type of homicide involves an impulsive act, rather than a premeditated act?

Accepted Answer

The answer of What type of homicide involves an impulsive...

Question 15

During a dispute in a parking lot over a parking space, Mark intentionally hits Robin on the right arm with a baseball bat that he keeps in the trunk of his vehicle. Robin suffers a broken arm. What crime has Mark committed?

Accepted Answer

Mark has committed battery, which is the intentional and unlawful physical contact with another person that causes harm or offense.

Question 16

Before the criminal justice system affixes the term crime to a homicide, there must be a showing of criminal intent or:

Accepted Answer

Mens rea refers to the mental state or intent that the perpetrator had when committing a crime. In order for a homicide to be considered a crime, there must be evidence of criminal intent or mens rea, rather than just an accidental or unintentional death. Actus reus refers to the physical act of committing a crime, but alone is not enough to establish criminal liability for a homicide. Rehabilitation and retribution are concepts related to punishment and their relevance depends on the specific criminal justice system and its goals.

Question 17

Which of the following is not a purpose of criminal law?

Accepted Answer

Mens rea is not a purpose of criminal law, but rather a requirement for a criminal conviction. The other options (deterrence, retribution, incapacitation, and rehabilitation) are all purposes of criminal law.

Question 18

Battery and assault fall under which category of crimes?

Accepted Answer

Battery and assault are both considered crimes against persons. They involve the intentional or reckless harm or threat of harm to another individual. This is distinct from crimes against property (e.g. theft) and crimes against the government (e.g. treason). While the public may be indirectly affected by crimes against persons, they are not directly targeted in the same way as victims of battery and assault.

Question 19

The presumption that the defendant is innocent until proven guilty is:

Accepted Answer

The presumption that the defendant is innocent until proven guilty is a rebuttal presumption. This means that the burden of proof rests with the prosecution to prove the defendant's guilt beyond a reasonable doubt. The presumption is not conclusive, as it can be rebutted by evidence presented by the prosecution. The presumption is also based on the Constitution, specifically the Fifth and Fourteenth Amendments. The presumption applies in all criminal cases, including felony cases.

Question 20

What type of homicide is a homicide that is premeditated, willful, and deliberate?

Accepted Answer

First degree murder is a type of homicide that involves premeditation, willfulness, and deliberation. This means that the perpetrator planned and intended to carry out the killing, and did so with a clear and conscious intent to cause harm. This type of homicide is considered the most serious, and is typically punished with a lengthy prison sentence or even the death penalty.

Quiz 14: Criminal Practice: Criminal Law and Juvenile Law