Deck 3: Actus Reus and Mens REA

Question 1

The general rule of law requires which of the following as a prerequisite of a violation of the law?

A) A mere thought of committing criminal conduct is sufficient to bring a criminal charge against a person
B) An act and with or without the requisite thought process that led to the act are both necessary
C) A voluntary act or an omission to perform the act, with the thought alone to commit a criminal act being insufficient to constitute a criminal act.
D) Criminal thought when there is an obligation to act is sufficient to bring a criminal charge

Answer 1

C

Question 2

Which of the following represent a simple equation of what is necessary for criminal act to have occurred?

A) Actus Reus - Mens Rea = Infraction
B) Actus Reus + Mens Rea = Culpability
C) Actus Reus + Corpus Delicti = Culpability
D) Actus Reus - Mens Rea = Culpability

Answer 2

B

Question 3

According to the Model Penal Code which of the following is not a voluntary act?

A) A reflex or convulsion
B) Bodily movement during unconsciousness or sleep
C) Conduct during hypnosis or resulting from hypnotic suggestion
D) All of the above

Answer 3

D

Question 4

In relation with criminal law ________________ can only be directed to those aware of circumstances and those moving unfettered in the choice between one act or another.

A) Accountability and responsibility
B) Thought and action
C) Volition and reflex
D) Consciousness and ability

Question 5

Under criminal law, acts are _________.

A) Volitional
B) Reflex
C) Convulsion
D) Somnambulism

Question 6

To be criminal act must be

A) Explicitly stated
B) Implicitly enacted
C) Of free choice and will
D) Habitual thought and conduct

Question 7

During what has been called the "Age of ___________ ", an onslaught of defense theories and mitigation arguments diluted the concept of personal responsibility.

A) Relational Law
B) Victimization
C) Expectations
D) Consent and volition

Question 8

The term "Actus Reus" can be described as which of the following?

A) Committing an act with regard for voluntariness of the act
B) Only omissions when there is duty
C) Commission which signifies that a criminal agent has carried through on the mentally conceived plan of action.
D) For criminal purposes an involuntary act

Question 9

Criminal conduct can involve which of the following?

A) A criminal act
B) A criminal omission
C) A criminal act or omission
D) A criminal act or omission with a duty to perform an act as imposed by law

Question 10

Mens Rea can be defined as which of the following?

A) The intellectualization of criminality
B) That which involves voluntariness of criminal acts
C) Criminals with mental illness
D) Consequences of involuntary acts

Question 11

The Model Penal Code recognizes purposely, knowingly, recklessly, or negligently as the four categories of _______.

A) Criminality
B) Mental states that lead to criminal responsibility
C) Covert action
D) Overt action

Question 12

Which of the following is not a description of Mens Rea?

A) Mental choice resulting from instinct
B) Will and motive to engage in criminal conduct
C) Offender thought patterns that trigger overt action
D) Purposeful intention to commit criminal conduct

Question 13

Criminal conduct that becomes law must contain what element regarding mental state of the offender?

A) A definition of mental illness
B) The level of offender rationality
C) The required level of mental acuity and purpose for conviction
D) The nature of the offender's conduct

Question 14

Which of the following is an example of one element necessary to the mental state of "intentionally"?

A) That if as a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result
B) Involving the nature of the person's conduct or a result thereof, the person's conscious object to engage in conduct of that nature or to cause that result
C) The person fails to perceive a risk that the element exists or will result from the conduct
D) The person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct

Question 15

Which of the following is an example of one element necessary to the mental state of "knowingly"?

A) That if as a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result
B) Involving the nature of the person's conduct or a result thereof, the person's conscious object to engage in conduct of that nature or to cause that result
C) The person fails to perceive a risk that the element exists or will result from the conduct
D) The person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct

Question 16

Which of the following is an example of one element necessary to the mental state of "recklessly"?

A) That if as a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result
B) Involving the nature of the person's conduct or a result thereof, the person's conscious object to engage in conduct of that nature or to cause that result
C) The person fails to perceive a risk that the element exists or will result from the conduct
D) The person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct

Question 17

Which of the following is an example of one element necessary to the mental state of "criminal negligence"?

A) That if as a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result
B) Involving the nature of the person's conduct or a result thereof, the person's conscious object to engage in conduct of that nature or to cause that result
C) The person fails to perceive a risk that the element exists or will result from the conduct
D) The person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct

Question 18

The concept of Mens Rea relative to criminal law requires that in order for conduct to be unlawful and a person guilty of that offense the prosecution must show the person acted with

A) A full knowledge of the law
B) Awareness of the elements of the crime that was committed
C) Knowledge of the consequences of one's acts
D) A culpable mental state as defined by statute

Question 19

Other than the absolute legal requirement for conviction, why is it so important in a jury trial for prosecutors to carefully show the Mens Rea elements of a crime?

A) Mens Rea drives the juror or judicial thinking as the ultimate issue as guilt or innocence is evaluated
B) Jurors want to know motive for a crime
C) Jurors think all criminal defendants must be insane to commit criminal acts
D) Mens Rea focuses on the act rather than the motive of the actor

Question 20

____________ do not constitute the Mens Rea necessary for attaching criminal responsibility.

A) Conspiracies
B) Mistakes and accidents
C) Negligence
D) Knowledge and understanding

Question 21

Which of the following is not one of the three main categories of Mens Rea?

A) Specific intent
B) General intent
C) Strict liability
D) Limited intent

Question 22

Most criminal charges fall into which of these main categories of Mens Rea?

A) Specific intent
B) General intent
C) Strict liability
D) Criminal charges are almost equally distributed between all the categories

Question 23

Which of the following is an example of specific intent?

A) A DUI driver killing someone in an accident
B) A man kills a woman in a domestic violence situation during a violent argument
C) A Mafia hit man, paid by illicit contract to remove an enemy of a criminal enterprise
D) A man shoots wildly in a crowd killing several people

Question 24

Which of the following is not true about specific intent?

A) The criminal defendant must have intellectualized the result with such clarity and unambiguity that the chain of mental state and act is perfectly connected
B) To specifically intent is to operate with express desire for a specific end
C) Specific intent zeroes in on identifiable conduct that the offender objectively and subjectively possessed
D) Provocation and emotionality provide some element of specific intent in specific crimes involving the death of another

Question 25

How do defense attorneys try to attack the prosecution's specific intent claim?

A) Impoverished childhood defenses
B) Influence of drugs and alcohol
C) Victimization by abuse of the defendant by the crime victim
D) All of the above

Question 26

Which of the following are not normally considered a general intent crime?

A) High level felonies, like capital murder
B) Lower graded felony cases
C) Misdemeanor cases
D) Summary offenses like traffic offenses

Question 27

Strict liability crimes are defined by which of the following?

A) Specific intent is implied
B) General intent is required in a limited number of strict liability crimes
C) The accused's mental state is irrelevant to guilt or innocence
D) Limited intent is what is necessary for strict liability crime

Question 28

Which of the following is an example of a strict liability crime?

A) Possession of illegal drugs or weapons
B) A contract for murder case
C) Terrorist bombing case
D) Sexual crimes

Question 29

Which of the following is an example of what is required to establish Mens Rea with Purpose?

A) Understanding of the scope and extent of behavior indicating free choice and will
B) The accused must have acted by not only knowing what was to be accomplished but also prepared for the crime in a premeditative, calculating, and plotting manner
C) Gross indifference to consequence along with a high level carelessness that can cause extraordinary harm to others
D) When there is duty one owes another , and the duty is breached which causes damages to an injured party

Question 30

Which of the following is an example of what is required to establish Mens Rea with Knowledge?

A) Understanding of the scope and extent of behavior indicating free choice and will
B) The accused must have acted by not only knowing what was to be accomplished but also prepared for the crime in a premeditative, calculating, and plotting manner
C) Gross indifference to consequence along with a high level carelessness that can cause extraordinary harm to others
D) When there is duty one owes another , and the duty is breached which causes damages to an injured party

Question 31

Which of the following is an example of what is required to establish Mens Rea with Recklessness?

A) Understanding of the scope and extent of behavior indicating free choice and will
B) The accused must have acted by not only knowing what was to be accomplished but also prepared for the crime in a premeditative, calculating, and plotting manner
C) Gross indifference to consequence along with a high level carelessness that can cause extraordinary harm to others
D) When there is duty one owes another , and the duty is breached which causes damages to an injured party

Question 32

Which of the following is an example of what is required to establish Mens Rea with Negligence?

A) Understanding of the scope and extent of behavior indicating free choice and will
B) The accused must have acted by not only knowing what was to be accomplished but also prepared for the crime in a premeditative, calculating, and plotting manner
C) Gross indifference to consequence along with a high level carelessness that can cause extraordinary harm to others
D) When there is duty one owes another , and the duty is breached which causes damages to an injured party

Question 33

Which of the following is an example of recklessness?

A) Starting fires
B) Dangerous pranks
C) Shooting a weapon into a crowd
D) All of the above

Question 34

Which of the following is NOT a category of mens rea?

A) General
B) Strict liability
C) Corporate Vicariousness
D) Specific

Question 35

Which is the most correct statement on Actus Reus?

A) That the Act must correspond with the mental state of the defendant
B) That the Act need only be proven for a successful criminal prosecution
C) That the Act, when a crime, always results in guilt or culpability
D) That only Acts by omission are the concern of law enforcement

Question 36

When a criminal actor fails to do what is legally required, the Actus Reus is labeled"

A) Premeditation
B) Commission
C) General intent
D) Omission

Question 37

Which intent is the easiest to prove in a criminal case:

A) Specific intent
B) True intent
C) General intent
D) Obvious intent

Question 38

Acts, for criminal purposes are volitional, rather than the product of convulsion, reflex, or somnambulism.

Question 39

The "Age of Victimization" has produced attempts to mitigate arguments for holding people responsible for their criminal acts, which has been wholly unsuccessful.

Question 40

Criminal conduct must be based on acts, commission of criminal conduct, not omission of acts where a duty to act has been incurred.

Question 41

Mens Rea is the intellectualization of criminality; it is mental formulation of malevolent design and plan, and the overall thought process by which offenders offend.

Question 42

The four main categories of mental state that leads to criminal responsibility when coupled with Actus Reus are: Purposely, Knowingly, Carelessly, and Negligently.

Question 43

A person can be guilty of an offense even though the prosecution cannot show the offender had a culpable mental state because of a specific exception under the Model Penal Code.

Question 44

A confession is one example of how the mental state of the culpable offender can be assessed in a criminal trial.

Question 45

A typical defense strategy to discredit the Mens Rea contentions of the prosecution is to portray the accused as having mistakenly acted or did so without the requisite malice or reckless disregard.

Question 46

Under American jurisprudence, the insane, gravely ill, or the comatose can be judged as having the requisite criminal culpability for a conviction.

Question 47

In criminal trials, the prosecution must offer proof of the offender's mental state to meet the requirements of Mens Rea for the offense charged.

Question 48

Specific intent is type of intent required in most criminal conduct as defined in criminal statutes.

Question 49

General intent covers conduct that the offender knows or should know will inflict criminal harm on another person.

Question 50

In strict liability crimes the accused's mental state is irrelevant to guilt or innocence in a criminal trial.

Question 51

The most stringent standard for Mens Rea with Purpose is "willfully"

Question 52

Mens Rea with Knowledge is manifested indifference to others and an acute absence of care, safety, and welfare of others.

Question 53

Mens Rea with Recklessness is conscious and intentional risk creation and it usually involves a gross deviation from the usual course of conduct expected of people.

Question 54

To establish criminal negligence the accused must have owed a duty to the injured party.

Question 55

To prove causation, the prosecutor must demonstrate that the criminal agent planned the crime though is not required to act on the plan.

Question 56

Causation is the connection of criminal mind and criminal action towards a specific end.

Question 57

Mens rea can be translated to: "things thought" or "mind things".

Question 58

To be held strictly liable under a criminal statute is to be adjudged lacking the requisite intent ordinarily witnessed in criminal cases.

Question 59

Omission is usually an accidental form of criminal culpability.

Question 60

General intent means that the accused's mental state is irrelevant to guilt or innocence.

Question 61

Purpose, knowledge, reckless and negligence are definitions that may lead to culpability.

Question 62

Drug paraphernalia cases are often defended on knowledge grounds because many of the items classified as paraphernalia have alternative uses.

Question 63

Mens Rea relates to omission and commission.

Question 64

Purpose includes the premeditative, the calculating and the plotting character about to engage in criminal conduct.

Question 65

What is necessary to establish criminal culpability?

Question 66

What determines the voluntariness of an act?

Question 67

Define Actus Reus.

Question 68

Explain the differences between the four categories of mental state under the Model Penal Code.

Question 69

Why are the Mens Rea requirements of a criminal offense so important for a successful criminal prosecution?

Question 70

What is required to establish specific intent?

Question 71

What is general Intent?

Question 72

What does strict liability mean?

Question 73

What is the difference between criminal negligence and negligence under civil law?