Question 1

One who actually commits the act that causes a crime to occur is a ______.
A) Accessory during the fact
B) principal in the first degree
C) principal in the second degree
D) principal in the third degree

Accepted Answer

The principal in the first degree is the person who directly commits the crime. Therefore, this is the best choice. The accessory during the fact assists the principal in some way but does not directly commit the crime. The principals in the second and third degrees are also involved in the crime but to a lesser degree than the first-degree principal.

Question 2

These statutes impose liability for providing aid to someone, knowing that he or she is about to commit an offense, but not necessarily having the same intent to commit a crime.
A) criminal facilitation
B) aiding criminal activity
C) complicity
D) actualization

Accepted Answer

Criminal facilitation statutes impose liability for providing aid to someone who is about to commit an offense, but without requiring the same intent to commit a crime as that person.

Question 3

This is an evil act; a deed, an act, an offense, or an omission of conduct.
A) mens rea
B) criminal intent
C) actus reus
D) criminal activity

Accepted Answer

Actus reus refers to the physical act or conduct of a crime, which is necessary to prove that a crime has been committed. Mens rea or criminal intent refers to the mental state of the offender at the time of the crime, while criminal activity refers to unlawful or illegal behavior. None of the choices refer specifically to an evil act, but actus reus is the closest match as it pertains to the actual conduct of a crime.

Question 4

These crimes do not require any level of mens rea or actus reus.
A) exacting liability
B) strict liability
C) vicarious liability
D) actual liability

Accepted Answer

The answer of These crimes do not require any level...

Question 5

This doctrine holds that if the defendant shoots or strikes at A, intending to wound or kill him, and unforeseeably hits B instead, he is guilty of the originally intended crime.
A) strict intent
B) general intent
C) specific intent
D) transferred intent

Accepted Answer

This is an example of the doctrine of transferred intent, where the intent to harm one person is transferred to another unintended victim. Therefore, the defendant can still be charged with the originally intended crime even if they hit someone else.

Question 6

The criminal state of mind.
A) actus reus
B) mens rea
C) criminal intent
D) general intent

Accepted Answer

Mens rea refers to the criminal state of mind or intent. It is a necessary component of most crimes, requiring that a person have intended to commit a crime or at least acted recklessly or negligently. Actus reus refers to the actual physical act or conduct that constitutes the crime. General intent refers to the intent to commit a crime without a specific target, while criminal intent refers to the specific intent to commit a particular crime. Therefore, option B is the best choice as it accurately represents the concept of the criminal state of mind.

Question 7

Proximate causation is cut off when acts are.
A) unforseeable
B) forseeable
C) unavoidable
D) inside the causal chain

Accepted Answer

Proximate causation is cut off when acts are unforeseeable, meaning that they could not have been predicted or anticipated by the person responsible for the initial action. This is because proximate causation is concerned with the direct link between an action and its consequences, and if those consequences are unforeseeable, then the link is broken.

Question 8

A person who receives, comforts, or assists another, knowing that the other has committed a felony, in order to hinder the perpetrator's arrest, prosecution, or conviction.
A) accessory after the fact
B) abettor
C) accessory before the fact
D) accessory at the time of the crime

Accepted Answer

An accessory after the fact is defined as a person who receives, comforts, or assists another, knowing that the other has committed a felony, in order to hinder the perpetrator's arrest, prosecution, or conviction. This choice best fits the definition given in the question.

Question 9

The major difference between being charged under a complicity statute or being charged under a facilitation statute is the ______.
A) intent of the actor
B) action of the actor
C) mental capacity of the actor
D) omissions of the actor

Accepted Answer

The major difference between being charged under a complicity statute (assisting someone in committing a crime) or being charged under a facilitation statute (making it easier for someone to commit a crime) is the intent of the actor. In complicity, the actor intends to aid in the commission of the crime, while in facilitation, the actor may not have intended for the crime to occur but still made it easier for the perpetrator to commit the crime.

Question 10

The duty to file tax returns and they duty to register in sex-offender registries are an example of what type of duty.
A) statutory duties
B) duties derived from relationships
C) contractual duties
D) failure to continue care duties

Accepted Answer

The duty to file tax returns and the duty to register in sex-offender registries are both examples of statutory duties, which are imposed by law.

Question 11

Acts such as epileptic seizures or spasms, reflexive actions, or actions taken while sleepwalking are considered what kind of acts?
A) voluntary
B) non-voluntary
C) insane behavior
D) volitional

Accepted Answer

Non-voluntary actions are those that occur without conscious decision or intention, such as the examples listed. Voluntary actions are those that are consciously chosen and intended. Insane behavior and volitional are not appropriate choices as they do not accurately describe the actions listed.

Question 12

Which of the following behaviors could fulfill the "act" requirement for a criminal law?
A) sleepwalking
B) possessing an illegal drug
C) fulfilling a duty
D) merely thinking about a crime

Accepted Answer

Possessing an illegal drug constitutes an act that can fulfill the "act" requirement (actus reus) for a criminal law, as it involves a physical action or conduct that is prohibited by law.

Question 13

Which of the following is NOT a type of duty that might create liability if there is an omission or failure to act?
A) statutory duties
B) contractual duties
C) failure to continue care duties
D) friendship duties

Accepted Answer

Statutory duties, contractual duties, and failure to continue care duties create a legal obligation to act and may result in liability if there is an omission or failure to act. Friendship duties, on the other hand, do not create this kind of legal obligation and therefore would not result in liability if there is a failure to act.

Question 14

Which type of intent refers to an intention to commit some act to accomplish a result that is known to be illegal?
A) general intent
B) specific intent
C) malice intent
D) negligence

Accepted Answer

Specific intent refers to the intention to commit an act with the knowledge that the act is illegal, aiming for a specific result. This contrasts with general intent, where the person intends the actions but not necessarily the illegal outcome.

Question 15

What is the element in criminal law requiring that the physical act and the state of mind occur at the same time?
A) concurrence
B) specific intent
C) proximate cause
D) strict liability

Accepted Answer

Concurrence is the element in criminal law that requires that the physical act and the state of mind occur at the same time. This means that a defendant must have the intention to commit a crime and also commit the physical act of the crime at the same time.

Question 16

One who aids or abets a principal in the first degree as he or she commits the criminal act, or incites the commission of the crime, and who is actually or constructively present at the time of the commission is a principle after the fact.

Accepted Answer

The statement describes a principle before the fact, not a principle after the fact. A principle after the fact is someone who helps a criminal escape or avoid arrest or punishment after the crime has been committed.

Question 17

Common law provides that a person is guilty of an offense if it is committed by his or her own conduct or by the conduct of an instrument or animal under his control and by his direction

Accepted Answer

This statement accurately describes the principle of common law known as "vicarious liability," which holds a person responsible for offenses committed by others under their control and direction, including the actions of animals and inanimate objects.

Question 18

Most state statutes follow the MPC's four part definition of mens rea.

Accepted Answer

Most state statutes do follow the Model Penal Code's four part definition of mens rea, which includes purposeful, knowing, reckless, and negligent mental states.

Question 19

In most jurisdictions, the penalty for facilitation is one level, or class, higher than the substantive offense for which the aid was offered.

Accepted Answer

In most jurisdictions, the penalty for facilitation is typically lower than for the substantive offense itself, as facilitation involves assisting in the commission of a crime without being the principal offender.

Question 20

"Good Samaritan" laws create a duty to render assistance when one citizen sees another in distress.

Accepted Answer

"Good Samaritan" laws generally create a duty to render assistance when one citizen sees another in distress, but the specific requirements and exceptions may vary by jurisdiction.

Quiz 2: Principles of Criminal Liability

One who actually commits the act that causes a crime to occur is a ______.

These statutes impose liability for providing aid to someone, knowing that he or she is about to commit an offense, but not necessarily having the same intent to commit a crime.

This is an evil act; a deed, an act, an offense, or an omission of conduct.

These crimes do not require any level of mens rea or actus reus.

This doctrine holds that if the defendant shoots or strikes at A, intending to wound or kill him, and unforeseeably hits B instead, he is guilty of the originally intended crime.

The criminal state of mind.

Proximate causation is cut off when acts are.

A person who receives, comforts, or assists another, knowing that the other has committed a felony, in order to hinder the perpetrator's arrest, prosecution, or conviction.

The major difference between being charged under a complicity statute or being charged under a facilitation statute is the ______.

The duty to file tax returns and they duty to register in sex-offender registries are an example of what type of duty.

Acts such as epileptic seizures or spasms, reflexive actions, or actions taken while sleepwalking are considered what kind of acts?

Which of the following behaviors could fulfill the "act" requirement for a criminal law?

Which of the following is NOT a type of duty that might create liability if there is an omission or failure to act?

Which type of intent refers to an intention to commit some act to accomplish a result that is known to be illegal?

What is the element in criminal law requiring that the physical act and the state of mind occur at the same time?

One who aids or abets a principal in the first degree as he or she commits the criminal act, or incites the commission of the crime, and who is actually or constructively present at the time of the commission is a principle after the fact.

Common law provides that a person is guilty of an offense if it is committed by his or her own conduct or by the conduct of an instrument or animal under his control and by his direction

Most state statutes follow the MPC's four part definition of mens rea.

In most jurisdictions, the penalty for facilitation is one level, or class, higher than the substantive offense for which the aid was offered.

"Good Samaritan" laws create a duty to render assistance when one citizen sees another in distress.