Question 1

Dawn was driving down the road when she spotted a one-car accident and a woman named Sarah on the side of the road. Dawn stopped to call 911 and began to render aid while waiting on the ambulance. Dawn attempted to perform CPR, but she broke several of Sarah's ribs in the process. The broken ribs punctured Sarah's lungs, causing Sarah to go into respiratory failure. Sarah died shortly thereafter. Which of the following is NOT correct?

Accepted Answer

The European Union does not have a "bystander rule" that would require an individual to assist in an emergency situation, so Dawn would not have been obligated to assist Sarah under the European bystander rule.

Question 2

Which of the following is not considered an involuntary act under the Model Penal Code?

Accepted Answer

Involuntary acts under the Model Penal Code are those that are not the conscious product of the actor's determination. Conduct during hypnosis, bodily movement during unconsciousness or sleep, reflexes or convulsions are all considered involuntary acts. However, bodily movement that is the conscious product of the actor is considered a voluntary act.

Question 3

The police executed a search warrant on Jerry's home and found large quantities of cocaine and marijuana in his bedroom closet. Jerry may be properly charged with possession of illegal substances based on which concept of possession?

Accepted Answer

Constructive possession allows a person to be charged with possession of illegal drugs even if the drugs are not physically on their person, but rather in a location under their control (such as a bedroom closet).

Question 4

One night, while showing off her new pistol, Mary fired the pistol through her bedroom window. The bullet hit Jo, who was walking her dog down the street. Which of the following forms of intent best describes Mary's conduct?

Accepted Answer

Mary's conduct is best described as reckless because she showed a conscious disregard of a substantial and unjustifiable risk by firing a pistol in a residential area, which could foreseeably harm someone.

Question 5

Will shot Brad as an act of revenge. During surgery, the surgeon accidentally severed a major artery, and Brad died. Choose the best answer for the most likely outcome.

Accepted Answer

Will is likely guilty of homicide because medical negligence is a foreseeable consequence of a gunshot wound, making him responsible for the death.

Question 6

A determination that it is fair or just to hold a defendant legally responsible for an injury of death is a determination of which type of causation?

Accepted Answer

Proximate causation involves the idea of legal responsibility or "foreseeability" of the consequences of one's actions. It is a determination of whether the defendant's actions were the "proximate cause" of the injury or death. The other choices, express causation and but for causation, are more focused on the direct cause and effect relationship between the defendant's actions and the injury or death, and do not necessarily take into account the legal responsibility aspect. Responsive causation is not a recognized legal term.

Question 7

The ______ rule states that an individual is not legally required to assist a person who is in peril.

Accepted Answer

The correct term is "American bystander rule," which posits that an individual is generally not legally obligated to help someone in danger unless they have a specific relationship with them or have contributed to their peril.

Question 8

Under the Model Penal Code, an act is not a crime unless there is a voluntary act.

Accepted Answer

The Model Penal Code's definition of criminal liability requires a voluntary act (or omission) or a voluntary mental state. Without a voluntary act, there can be no criminal liability.

Question 9

Someone who is addicted to illegal drugs may be convicted solely for being an addict.

Accepted Answer

It is not illegal to be addicted to drugs. However, a person may face legal consequences for possessing, using or distributing illegal drugs.

Question 10

Most jurisdictions have laws that require bystanders to intervene in certain circumstances so long as they themselves would not be placed in danger.

Accepted Answer

Most jurisdictions do not have laws that require bystanders to intervene in emergencies. While there are "Good Samaritan" laws in many places designed to protect those who choose to help, these generally do not impose a legal duty to act.

Question 11

When a person acts negligently, the person is aware of a risk but does not intend the consequences of one's actions.

Accepted Answer

Negligence involves acting without awareness of a risk or intending the consequences of one's actions.

Question 12

Strict liability offenses are mala in se.

Accepted Answer

Strict liability offenses do not require proof of mens rea or intent; they are based on the commission of an act alone, whereas mala in se offenses are inherently wrong or evil, typically requiring intent.

Question 13

The cause in fact of a crime is also known as "but for" causation.

Accepted Answer

"But for" causation means that the crime would not have occurred if the defendant had not taken the action in question. It is a way to establish factual causation in a criminal case.

Question 14

A strict liability crime requires proof of both the actus reus and mens rea.

Accepted Answer

A strict liability crime does not require proof of mens rea, or intent. Only the actus reus, or the act itself, must be proved to establish guilt.

Question 15

Under the Model Penal Code, recklessness is the most serious form of criminal intent.

Accepted Answer

The Model Penal Code recognizes four levels of criminal intent, with purpose being the most serious, followed by knowledge, recklessness, and negligence. Therefore, recklessness is not the most serious form of criminal intent under the Model Penal Code.

Question 16

A person can be convicted for a condition or state of being.

Accepted Answer

A person cannot be legally convicted simply for a condition or state of being; convictions require an actus reus (a guilty act) and mens rea (a guilty mind) related to a specific criminal offense.

Question 17

Define actus reus and explain its significance.

Accepted Answer

The answer of Define actus reus and explain its significance....

Question 18

Distinguish between the American bystander rule and the European bystander rule.

Accepted Answer

The answer of Distinguish between the American bystander rule and...

Question 19

What is the doctrine of transferred intent, and what is the rationale for the doctrine?

Accepted Answer

The answer of What is the doctrine of transferred intent,...

Question 20

Distinguish between recklessness and negligence.

Accepted Answer

The answer of Distinguish between recklessness and negligence....

Quiz 3: Elements of Crimes