Deck 4: The General Principles of Criminal Liability: Mens Rea, Concurrence, Ignorance, and Mistake

Question 1

Ignorance of facts and law may create a reasonable doubt that the prosecution has proved the element of criminal intent.​

Answer 1

True

Question 2

Mistakes sometimes are called a failure-of-proof defense.​

Answer 2

True

Question 3

Recklessness requires awareness of substantial and unjustifiable risks.​

Answer 3

True

Question 4

General intent is used most commonly to mean the intent to commit the criminal act as defined in a statute.​

Question 5

The element of causation applies only to "bad result" crimes.​

Question 6

The most blameworthy state of mind in the Model Penal Code is purpose.​

Question 7

In the absence of a confession,mens rea is usually proven by circumstantial evidence.​

Question 8

Negligence involves conscious risk creation.​

Question 9

Mens rea translated means "evil state of mind."​

Question 10

Criminal liability is sometimes imposed without fault.​

Question 11

Strict liability crimes have no actus reus element.​

Question 12

The four levels of culpability,or intent,in the Model Penal Code are purposely,knowingly,recklessly,and negligently.

Question 13

​A criminal act is enough for criminal liability for most serious crimes.

Question 14

Different levels of blameworthiness are indicated by different types of intent.​

Question 15

Courts and statutes never use synonyms for the general intent notion of mens rea.​

Question 16

Proving criminal causation requires proving both factual and legal cause.

Question 17

Negligence is a totally objective standard.

Question 18

Negligence has both an objective and subjective component.​

Question 19

Subjective fault requires a "bad mind" in the actor.​

Question 20

In strict liability crimes,accidental injury can be criminal.​

Question 21

Proving criminal intent is difficult and usually relies upon inferences made from actions and​

A) ​​evidence.
B) attendant circumstances.​
C) ​actus reus.
D) ​mens rea.

Question 22

Fault that requires a "bad mind" in the actor is called​

A) ​objective fault.
B) ​subjective fault.
C) ​no fault.
D) ​concurrent fault.

Question 23

The ignorance maxim means that everyone is presumed to know the law.​

Question 24

From the work of Plato to the present-day courts,criminal intent has been recognized and reaffirmed as the criminal law's​

A) ​intent.
B) ​corpus delicti.
C) ​mens rea.
D) ​mantra.

Question 25

The mental state "purposely" is the most culpable of the four levels identified by the Model Penal Code.​

Question 26

Legal ("proximate")cause is a subjective question of fairness that appeals to the jury's sense of​

A) ​justice.
B) ​duty.
C) ​fairness.
D) ​guilt.

Question 27

General intent consists of the intent to commit the criminal act.​

Question 28

Which of the following is not a type of culpability in the Model Penal Code (MPC)?​

A) ​purpose
B) ​knowledge
C) ​negligence
D) ​willfulness

Question 29

Strict liability exists when there is a crime with subjective fault.​

Question 30

In strict liability cases,the prosecution has to prove only that defendants committed a​

A) ​involuntary act that caused harm.
B) ​voluntary civil act that caused harm.
C) ​voluntary criminal act that caused harm.
D) ​voluntary mistake that caused harm.

Question 31

​The mental element of a crime is called the

A) ​mens rea.
B) ​harm.
C) ​actus reus.
D) ​concurrence.

Question 32

Prosecutors only have to prove causation by a preponderance of the evidence.

Question 33

Concurrence means that some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes.​

Question 34

The Model Penal Code (MPC)breaks down mens rea into four mental states-purpose,knowledge,recklessness,and negligence.​

Question 35

​The objective determination that the defendant's act triggered a chain of events that ended as the bad result is called the

A) ​cause in fact.
B) ​approximate cause.
C) ​negligent cause.
D) ​subsequent cause.

Question 36

Criminal intent is the same thing as motive.​

Question 37

Ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent.

Question 38

​Mistake is a defense whenever the mistake prevents the formation of any fault-based

A) ​prejudice.
B) ​hate.
C) ​animus.
D) ​mens rea.

Question 39

Causation applies only to "bad result" crimes.​

Question 40

In the absence of a confession,intent must generally be proven by what evidence?​

A) ​peremptory
B) ​exclusive
C) ​referential
D) ​circumstantial

Question 41

Criminal liability without subjective or objective fault is also called​

A) ​strict liability.
B) ​harm causation.
C) ​offending behavior.
D) ​wanton liability.

Question 42

Which kind of fault requires no purposeful or conscious bad mind in the actor?​

A) ​objective fault
B) ​subjective fault
C) ​no fault
D) ​concurrent fault

Question 43

Specific intent applies only to what type of crimes?​

A) ​result crimes
B) ​bad intent crimes
C) ​state crimes
D) ​statutory crimes

Question 44

Which of the following cases involves general and specific intent?​

A) ​Harris v.State (1999)
B) ​State v.Stark (1992)
C) ​Haupt v.U.S.(1947)
D) ​State v.Fleck (2012)

Question 45

​Conscious risk creation involves the level of culpability called

A) ​knowledge.
B) ​negligence.
C) ​contumacy.
D) ​recklessness.

Question 46

​Which of the following cases involves the mental state "purposely"?

A) ​Harris v.State (1999)
B) ​State v.Stark (1992)
C) ​Haupt v.U.S.(1947)
D) ​State v.Jantzi (1982)

Question 47

Which of the following forms of intent is both objective and subjective?​

A) ​negligent
B) ​reckless
C) ​knowing
D) ​purpose

Question 48

Which of the following statements is true regarding recklessness and negligence?​

A) ​Recklessness is about consciously creating risks; negligence is about unconsciously creating risks.
B) ​Recklessness is about unconsciously creating risks; negligence is about consciously creating risks.
C) ​Recklessness and negligence are both about consciously creating risks.
D) ​Recklessness and negligence are both about unconsciously creating risks.

Question 49

The ignorance maxim is the presumption that​

A) ​defendants knew the law they were breaking.
B) ​defendants did not know the law they were breaking.
C) ​defendants do not care if they break the law.
D) ​defendants think the law does not apply to them.

Question 50

Failure-of-proof defenses are also known as​

A) ​mistakes.
B) ​liabilities.
C) ​legalities.
D) ​hate crimes.

Question 51

What is the default degree of culpability where codes fail to identify a level of culpability?​

A) ​negligence
B) ​recklessness
C) ​awareness
D) ​complicity

Question 52

​Liability without fault,or in the absence of mens rea,is called

A) ​strict liability.
B) ​harm causation.
C) ​offending behavior.
D) ​wanton liability.

Question 53

In the Model Penal Code,the most blameworthy state of mind is​

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

Question 54

​What kind of cause occurs after the defendant's act and before the harm?

A) ​intervening cause
B) ​concurrent cause
C) ​consecutive cause
D) ​contingent cause

Question 55

What is the only direct evidence of a defendant's mens rea?​

A) ​a confession
B) ​a motive
C) ​a picture
D) ​a polygraph examination

Question 56

​According to the Model Penal Code,what is the most blameworthy mental state?

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

Question 57

Factual cause is also known as which of the following?​

A) ​"but for" cause
B) ​legal cause
C) ​proximate cause
D) ​intervening cause

Question 58

The most common definition of specific intent is​

A) ​general intent plus.
B) ​general intent.
C) subjective intent.​
D) subjective intent plus.

Question 59

The cause that either interrupts a chain of events or substantially contributes to a result is called the​

A) ​proximate cause.
B) ​real cause.
C) ​intervening cause.
D) ​select cause.

Question 60

Intent to commit a criminal act as defined in a statute is known as​

A) ​general intent.
B) ​personal intent.
C) ​blameless intent.
D) ​negligent intent.

Question 61

What is the highest level of culpability Joe exhibits,based on the MPC's four mental states?​

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

Question 62

​The MPC test of recklessness has two prongs.The first prong is subjective and the second prong is

A) ​objective.
B) ​intentional.
C) ​culpable.
D) ​specific.

Question 63

How many mental states are there in the Model Penal Code?​

A) ​three
B) ​four
C) ​five
D) ​six

Question 64

What term is about holding an actor criminally accountable for the results of her conduct?​

A) ​concurrence
B) ​causation
C) ​factual causation
D) ​practical causation

Question 65

Fault that requires a bad mind in the actor is​

A) ​subjective fault.
B) ​objective fault.
C) ​voluntary fault.
D) ​conscious fault.

Question 66

​What level of intent must be proved regarding Joe's culpability?

A) ​beyond a reasonable suspicion
B) ​preponderance of the evidence
C) ​more likely than not
D) ​beyond a reasonable doubt

Question 67

​The conscious creation of substantial and unjustifiable risks is the definition of

A) ​liability.
B) ​negligence.
C) ​recklessness.
D) ​reasonableness.

Question 68

Fault that requires no purposeful or conscious bad mind in the actor is​

A) ​subjective fault
B) ​objective fault
C) ​voluntary fault
D) ​conscious fault

Question 69

The element of causation applies only to what kind of crimes?​

A) ​"bad result" crimes
B) ​"bad knowledge" crimes
C) ​"reckless" crimes
D) ​"negligent" crimes

Question 70

According to the Model Penal Code,what is the least blameworthy mental state?​

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

Question 71

​What term is Latin for guilty mind?

A) ​actus reus
B) ​mens rea
C) ​corpus delicti
D) ​actus non facit

Question 72

The element of causation applies only to what type of crimes?​

A) ​"bad result" crimes
B) ​proximate crimes
C) ​conduct crimes
D) ​moral crimes

Question 73

What is Amelia's motive for the murder of her sister?​

A) ​money
B) ​hatred
C) ​her wish to see her dead
D) ​she has no motive

Question 74

​Which of the mental states identified in the Model Penal Code best applies to Ahmad?

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

Question 75

In the mental state of "knowing," the watchword is​

A) ​awareness.
B) ​consciousness.
C) ​knowledge.
D) ​voluntariness.

Question 76

Empirical research shows support for a connection between morality and the ignorance of the law as​

A) ​a defense to criminal liability.
B) ​unacceptable by juries.
C) ​a defense to criminal liability only in jury trials.
D) ​a defense to criminal liability only in bench trials.

Question 77

Mistake defenses are sometimes called​

A) ​motive defenses.
B) ​causation defenses.
C) ​failure-of-proof defenses.
D) ​felony defenses.

Question 78

The test for negligence is​

A) ​totally objective.
B) ​totally subjective.
C) ​totally conscious.
D) ​totally negligent.

Question 79

​The connection between Ahmad's intention to stab Tom and the criminal act of stabbing him is an example of

A) ​concurrence
B) ​mens rea
C) ​actus reus
D) ​mistake

Question 80

The subjective judgment that it's fair and just to blame the defendant for the bad result is called​

A) ​cause in fact.
B) ​"but for" cause.
C) ​legal cause.
D) ​concurrence.