Deck 5: Mens Rea, Concurrence, Causation

Question 1

______ is central to criminal law and must be proven beyond a reasonable doubt.

A) Knowledge
B) Causation
C) Concurrence
D) Preparation

Answer 1

B

Question 2

All of the following are considered types of intent EXCEPT ______.

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

Answer 2

B

Question 3

The mental part of a crime is commonly known as ______.

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

Answer 3

B

Question 4

______ means that a defendant acted deliberately.

A) Purposely
B) Knowingly
C) Carelessly
D) Intentionally

Question 5

______ intent provides that individuals who are grossly and wantonly reckless are considered to intend the natural consequences of their actions.

A) General
B) Specific
C) Transferred
D) Constructive

Question 6

______ offenses were intended to protect society against acts impure and defective drugs, pollution and unsafe working conditions, and trucks and railroads.

A) Strict liability
B) Public welfare
C) Strict welfare
D) Public liability

Question 7

There must be ______ between a criminal act and a criminal intent.

A) knowledge
B) causation
C) concurrence
D) preparation

Question 8

______ intervening acts arise when a defendant's act places a victim in a particular place where the victim is harmed by an unforeseeable event.

A) Proximate
B) Coincidental
C) Responsive
D) Factual

Question 9

A ______ intent is intent to commit the criminal act.

A) general
B) specific
C) transferred
D) constructive

Question 10

Selling tobacco to an underage person will most likely be considered a ______ offense.

A) strict liability
B) public welfare
C) strict welfare
D) public liability

Question 11

______ involves engaging in harmful and dangerous conduct while being unaware of a risk that a reasonable person would appreciate.

A) Intentionally
B) Knowingly
C) Recklessly
D) Negligently

Question 12

An individual satisfies the ______ standard when he or she is aware that circumstances exist or that a result is practically certain to result from his or her conduct.

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

Question 13

The consequence of a victim to a defendant's criminal act is termed ______ intervening act.

A) proximate
B) factual
C) responsive
D) legal

Question 14

A ______ intent is a mental determination to accomplish a certain result.

A) general
B) specific
C) transferred
D) constructive

Question 15

______ cause requires you to ask whether "but for" the defendant's act, the victim would not have died.

A) Legal
B) Factual
C) Intervening
D) Proximate

Question 16

______ means that individuals engage in risky behavior that they know creates a risk of substantial and unjustifiable harm and yet do not expect the injury or harm will result.

A) Carelessly
B) Negligently
C) Recklessly
D) Purposely

Question 17

All of the following are reasons for moral blameworthiness EXCEPT ______.

A) responsibility
B) deterrence
C) humility
D) punishment

Question 18

A ______ intent applies when an individual intends to attack one person and injures another.

A) general
B) specific
C) transferred
D) constructive

Question 19

______ cause analysis requires the jury to determine whether it is fair or just to hold a defendant liable for an injury or death. Proximate
B) Legal
C) Factual
D) Preparatory

Question 20

A(n) ______ cause is an outside factor that causes the death or injury rather than the cause in fact.

A) proximate
B) independent
C) factual
D) intervening

Question 21

What are the considerations behind the legal concept of causation?

A) An individual who wills a certain result deserves to be punished.
B) An individual's act that results in social harm should allow for the imposition of punishment as appropriate.
C) Liability should not be limited to those individuals whose conduct produces a prohibited social harm.
D) Liability should be imposed on all individuals, excluding those who produce social harm.

Question 22

Jack unintentionally killed John. He had no intention of doing so. Originally, at common law, would he have been found guilty of murder based on these facts alone?

A) Yes, there was no mens rea requirement.
B) No, Jack did not possess a guilty mind.
C) Yes, Jack was clearly morally blameworthy.
D) No, there was no concurrence.

Question 23

When analyzing recklessness or negligence, ______ determines whether an individual's conduct varies from that expected of the general public.

A) criminal liability
B) objective standard
C) legal responsibility
D) mental state

Question 24

Brock was in the market for his first motorcycle. All of his friends had them and regularly went on long group rides. He knew he wanted something older because he preferred the style but he didn't know much about the engine size. The bigger the engine the more power the bike has and he looked at bikes with engine sizes ranging from 250 cc to 1500 cc. He decided on the bike with the 1500 cc engine. It was extremely powerful and he knew it. He let his younger brother borrow the bike for a weekend ride with friends. The brother ended up in wrecking the bike and it was likely totaled. The police report stated that he revved the engine, attempted to do a wheelie (a move which he knew was risky), and the bike threw him off the back. If the brother is charged with a crime, which level of mental culpability is most appropriate?

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

Question 25

Which situation is least likely to present a causation issue?

A) An individual is shot in the back as he walks from a street fight and subsequently dies.
B) An ambulance, after having picked up a victim of a gunshot, crashes and the victim dies.
C) A gunshot wound victim dies after waiting for medical attention in a local emergency room for 4 hours.
D) A gunshot wound victim stumbles into the street and is hit by an oncoming vehicle and dies.

Question 26

Jackson recently graduated high school and decided to spend his summer before college hiking the Appalachian Trail. Three weeks into his hike there was a torrential downpour in a very rural and desolate area of North Carolina. He tried to take shelter in his tent but there was so much mud and rain that it afforded him little protection from the elements. He decided to seek out a more stable structure and eventually happened upon an old RV that was seemingly abandoned. The doors were locked but he was able to pick the lock and enter. Jackson found enough canned food to make himself a warm dinner and settled in for the night. The next morning, he took with him all of the dry clothes and food he could find in the RV and headed off to continue down the trail. Is Jackson guilty of burglary?

A) Yes, he knowingly took items that did not belong to him without permission.
B) Yes, he willfully entered into the dwelling of another and took items that did not belong to him.
C) No, when he entered he did not intend to take the items in the RV.
D) No, because there was chronological concurrence.

Question 27

Which of the following intents is considered the most serious?

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

Question 28

A conscious disregard of a substantial and unjustifiable risk and a gross deviation from the standard that a law-abiding citizen would observe in the same situation is ______.

A) the two-fold test for negligence
B) the two-fold test for recklessness
C) the two-fold test for strict liability offenses
D) the two-fold test for purposely

Question 29

A terrorist bombs a public building in order to make a political statement. He knows people are likely to be inside but does not take the time to find out their location in relation to the bomb nor does he look into their injuries after the bombing took place. Everyone inside is injured, some injuries are minor and others are major, but luckily, no one dies. When criminal charges are brought forth against the terrorist, which mental state most likely applies?

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

Question 30

Which kind of intent allows for a defendant's intent to be inferred from the nature of the act and the surrounding circumstances?

A) specific intent
B) constructive intent
C) general intent
D) transferred intent

Question 31

The response of a victim to a defendant's criminal act is referred to as ______.

A) responsive intervening acts
B) coincidental intervening acts
C) foreseeability
D) reasonableness

Question 32

The appropriate punishment of an act depends, to a large extent, on what?

A) whether the act was intentional or incidental
B) the attendant circumstances
C) whether the crime in question was a result crime
D) the category of criminal intent

Question 33

All of the following were identified as factors that help determine whether statutes should be interpreted as providing for strict liability EXCEPT ______.

A) the offense is not a common law crime
B) the penalty is relatively minor
C) a single violation poses a danger to a large number of people
D) a conviction will harm a defendant's reputation

Question 34

When considering intervening causes, what determines whether a defendant would be liable?

A) coincidence
B) responsibility
C) specific intent
D) foreseeability

Question 35

What is the most reliable indication of intent?

A) the defendant's confession or statement to other individuals
B) the police report
C) a ransom note
D) the prosecutor's theory of the case

Question 36

The major difference between recklessly and negligently is that ______.

A) recklessly applies to more serious criminal conduct
B) negligently applies to more serious criminal conduct
C) the negligent individual is aware of and disregards the substantial and unjustifiable risk
D) the reckless individual is aware of and disregards the substantial and unjustifiable risk

Question 37

In all cases where the defendant's conduct is the factual cause of an injury or harm, the conduct is also necessarily ______.

A) the legal cause
B) the proximate cause
C) the intervening cause
D) cause in fact

Question 38

In order to be convicted of a crime, there must be ______.

A) circumstantial evidence
B) criminal intent
C) criminal act and criminal intent
D) circumstantial evidence and criminal intent

Question 39

Public welfare offenses were designed to protect against ______.

A) impure food
B) defective drugs
C) pollution
D) robbery

Question 40

All of the following are factors that courts look to in determining whether a statute should be interpreted as providing for strict liability EXCEPT ______.

A) the will of the people
B) a single violation poses a danger to a large number of people
C) the penalty is relatively minor
D) a conviction does not harm a defendant's reputation

Question 41

A criminal intent need NOT necessarily exist at the same time as the criminal act.

Question 42

Aiesha went to the mall with the intention of buying a purse for her date on Friday night. She went into XYZ and found a black and brown leather purse that was large enough for her to fit a jacket and an extra pair of shoes. She liked big purses because she always wants to make sure she has everything she needs. She walks up to the counter and pays for the purse and exits the store. As she leaves an alarm goes off. A retail associate comes to check her bag and finds various costume jewelry pieces in each of the purse pockets. Aiesha did not put them there and was unaware of their presence. Nonetheless, is Aiesha guilty of shoplifting?

A) No, because chronological concurrence did not exist in this scenario.
B) Yes, because chronological concurrence did exist in this scenario.
C) No, because she was negligent.
D) Yes, because she had criminal intent at the same time she committed the criminal act.

Question 43

The defendant is generally liable for unforeseeable responsive intervening acts.

Question 44

Recklessness involves an awareness of harm that is lacking in negligence.

Question 45

What is required for a strict liability offense?

A) mens rea only
B) mens rea and actus reus
C) a criminal act and criminal intent
D) actus reus only

Question 46

The law does NOT consider individuals who are less reckless than blameworthy.

Question 47

The Model Penal Code established recklessly as the most serious category of criminal intent.

Question 48

Medical negligence has consistently been viewed as foreseeable and does NOT break the chain of causation.

Question 49

A defendant is considered legally responsible for a victim's injury or death that results from unforeseeable coincidental intervening acts.

Question 50

The defendant is considered responsible for foreseeable coincidental intervening acts.

Question 51

Proximate cause analysis requires the jury to determine whether it is fair or just to hold a defendant legally responsible for an injury or death.

Question 52

There must be concurrence between the actus reus and the mens rea.

Question 53

Causation must be proven by what evidentiary standard?

A) preponderance of the evidence
B) strict liability
C) by clear and convincing evidence
D) beyond a reasonable doubt

Question 54

A general intent is a mental determination to accomplish a specific result.

Question 55

Causation is central to criminal law and must be proven beyond a reasonable doubt.

Question 56

A defendant must be the factual cause of harm to be criminally convicted.

Question 57

Which is an example of a law that imposes strict liability?

A) It is a criminal offense to knowingly house a wild animal with violent tendencies.
B) It is a criminal offense to purposely house a wild animal with violent tendencies.
C) It is a criminal offense to house a wild animal with violent tendencies.
D) It is a criminal offense to recklessly house a wild animal with violent tendencies.

Question 58

Congress and state legislatures typically indicate strict liability laws by omitting language such as knowingly and purposely.

Question 59

The "mental part" of a crime is commonly termed actus reus.

Question 60

An example of knowledge of circumstances is to receive stolen property under mistaken facts.

Question 61

Write a scenario where a defendant would NOT be considered legally responsible for a victim's injury or death that results from a responsive intervening act. Be sure to indicate the factual cause and the proximate cause. Now write a scenario where the defendant would be held legally liable for a responsive intervening act. Why would the defendant be held liable in the second scenario?

Question 62

Marty and Sarah are fighting. Sarah shoots a gun at Marty and the bullet grazes Marty's arm. Marty runs out of the house and into the street. Barry is driving down the street 20 mph over the speed limit. Unable to see Marty on the dimly lit road, Barry hits Marty and Marty dies instantly. What is the cause-in-fact in this scenario? What is the proximate cause of Marty's death? Is the intervening act coincidental or responsive? Who would you hold liable for Marty's death?

Question 63

Summarize and discuss the People v. Cervantes case. Explain the court's distinction between dependent intervening and independent intervening acts. What did the court find? Do you agree with the ruling? Why or why not?

Question 64

What is the difference between factual cause and proximate cause?

Question 65

Pollution is an example of a public welfare crime.

Question 66

Write a scenario where a defendant would NOT be considered legally responsible for a victim's injury or death that results from a coincidental intervening act. Be sure to indicate the factual cause and the proximate cause. Now write a scenario where the defendant would be held legally liable for a coincidental intervening act. Why would the defendant be held liable in the second scenario?

Question 67

What is the difference between coincidental intervening acts and responsive intervening acts?

Question 68

Is it simple to establish mens rea beyond a reasonable doubt? Why or why not? What is the most reliable indication of intent? What are some different ways to show mens rea?

Question 69

A specific intent is a mental determination to accomplish a specific result.

Question 70

What is transferred intent?

Question 71

Chronological concurrence means that a criminal intent must exist at the same time as a criminal act

Question 72

List three reasons for requiring moral blameworthiness.

Question 73

What is chronological concurrence?

Question 74

What is the difference between general intent and specific intent?

Question 75

What is the difference between reckless and negligence?

Question 76

What is the difference between purposely and knowingly?

Question 77

What are the four types of mental states provided in the Model Penal Code?

Question 78

What is the difference between a purposeful intent and a strict liability offense? Provide an example of each to support your answer.

Question 79

What is circumstantial evidence?

Question 80

Compare and contrast the types of mental states provided by the Model Penal Code. Provide a scenario for each type of mental state to develop your answer.