Question 1

What is the requirement that the defendant's conduct was the cause in fact of the harm?

Accepted Answer

Factual causation is the requirement that the defendant's conduct must have been the actual cause of the harm suffered by the victim. In other words, but for the defendant's actions, the harm would not have occurred. This is also known as the "but for" test of causation.

Question 2

What is the term that refers to cases where a person can be held criminally liable in the complete absence of mens rea?

Accepted Answer

Strict liability refers to cases where a person can be held criminally liable even if they had no intention to commit a crime or lacked mens rea. This is because the offense is related to public safety or regulatory requirements, and the consequences of the act are so severe that the law imposes liability regardless of intent. In such cases, the prosecution only needs to prove that the defendant committed the actus reus (the physical act of the crime) and not their mental state or intentions.

Question 3

What is a good example of resulting harm?

Accepted Answer

Killing a human being is a clear example of resulting harm, as it causes physical harm and can lead to the loss of life. Planning a murder and killing anything else may also cause harm, but they do not necessarily result in the same level of harm as killing a human being.

Question 4

Which crimes are complete when the criminal act and criminal intent concur and there is no requirement for resulting harm?

Accepted Answer

Crimes of conduct are complete when the criminal act and criminal intent (also known as mens rea) concur, regardless of whether any harm resulted from the action. Examples of crimes of conduct include theft, fraud, and drug possession.

Question 5

What is the intent to commit the actus reus or criminal act of the crime only?

Accepted Answer

General intent refers to the intention to commit the actus reus or criminal act itself, without any additional intention or purpose beyond the act.

Question 6

What action is related to the apparent safety doctrine is the rule that an offender cannot be held liable if his or her victim a victim acts in a free, voluntary, and informed manner that leads to the resulting harm?

Accepted Answer

The apparent safety doctrine relates to the concept of Voluntary Victim Intervention, where the victim's own informed and voluntary actions leading to harm negate the offender's liability.

Question 7

What occurs when the defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances?

Accepted Answer

If the defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances, it is known as a mistake of law. Mistake of fact refers to a situation in which the defendant was ignorant of the facts, and the mistake of court refers to an error made by the court or judge. Mistake of legality is not a commonly used legal term.

Question 8

What limits criminal liability to conduct that "includes a voluntary act or omission to perform an act of which the criminal is physically capable?"

Accepted Answer

The Model Penal Code is a set of guidelines used to standardize criminal law across the United States. It includes the requirement of a voluntary act or omission to perform an act as a necessary element for criminal liability. This is known as the actus reus requirement, which means "guilty act" in Latin. Both federal and state penal codes may adopt this requirement, but it is specifically outlined in the Model Penal Code. Therefore, options A, C, and D are incorrect.

Question 9

There is a requirement that the actus reus and the mens rea occur together, which is known as concurrence. What are the two types of concurrence?

Accepted Answer

The two types of concurrence are temporal concurrence, which refers to the requirement that the actus reus and mens rea occur at the same time, and motivational concurrence, which requires that the mens rea motivates the actus reus. Therefore, option B is the correct choice.

Question 10

Who stated that "the true explanation of the rule is the same as that which accounts for the law's indifference to a man's particular temperament, faculties, and so forth?"

Accepted Answer

Oliver Wendell Holmes stated this in his book "The Common Law."

Question 11

What type of crimes are crimes that require actual harm?

Accepted Answer

Crimes that require actual harm are known as result crimes. These are crimes that only occur after a particular result has taken place, such as assault or battery.

Question 12

What occurs when the defendant's intent to harm one person is transferred to the actual victim of the crime?

Accepted Answer

Transferred intent is a legal term that means that harm intended for one person, but committed against a different person, can still result in criminal liability for the perpetrator. In other words, the intent to harm is transferred from the intended victim to the actual victim. This concept applies in cases such as assault, battery, and murder.

Question 13

What is the intent to commit an act to achieve a certain criminal result?

Accepted Answer

Specific intent refers to the intention to commit an act with the purpose of achieving a specific criminal result, such as intending to kill someone. This is different from general intent, which refers to the intention to commit an act but without a specific outcome in mind. Exclusive intent and actual intent are not commonly used legal terms in this context.

Question 14

When developing probable cause, law enforcement officers must show that the suspect intentionally, knowingly, willingly, or through negligence or recklessness commits an act that harms another, which is known as what?

Accepted Answer

Culpable mental states refer to the mental states in which the suspect intentionally, knowingly, willingly, or through negligence or recklessness commits an act that harms another. This is essential in developing probable cause for a crime to have been committed. The other options (A, C, and D) do not accurately describe the required mental state for a crime to have been committed.

Question 15

Requiring a causation element in certain crimes serves what type of function?

Accepted Answer

Requiring a causation element in certain crimes serves a protective function, as it ensures that individuals are only held criminally responsible for conduct that they caused and prevents wrongful convictions.

Question 16

What is the Latin expression for criminal intent?

Accepted Answer

Mens rea is the Latin expression for criminal intent which refers to a person's state of mind or intention to commit a crime. A person cannot be convicted of a crime without the existence of mens rea. Option A, Mans reus, refers to the guilty act or action committed by the accused, while option B, Actus reus, refers to the physical element of a crime or the act itself. Option D, None of the above, is incorrect as the correct answer is option C.

Question 17

What type of causation, also known as "proximate" causation, is concerned with who should be held criminally responsible?

Accepted Answer

Legal causation is the type of causation concerned with who should be held criminally responsible. It determines whether the defendant's actions were the actual cause of the harm and whether the harm was foreseeable or not. It is also known as "but for" causation because the harm would not have occurred but for the defendant's actions.

Question 18

What is the Latin term meaning "evil act" or criminal act, and is one of the core requirements of a crime?

Accepted Answer

Actus reus is the Latin term meaning "guilty act" or "criminal act". It refers to the physical component of a crime, involving a deliberate or reckless action or omission that is illegal. This is one of the core requirements of a crime along with mens rea (the mental component). Mans reus and Actus remis are not valid legal terms.

Question 19

What element or attendant circumstances do some crimes contain? For example, in the crime of driving under the influence, the circumstance unique to that offense is "under the influence."

Accepted Answer

The specific element that some crimes contain is referred to as a circumstantial element. It refers to a fact or condition that is relevant to the commission of the crime, but not necessarily an essential element of the offense itself. In the example given, "under the influence" is a circumstantial element of the crime of driving under the influence.

Question 20

What was the Court of Appeals decision concerning theState of New Mexico v. Thomas Harrison conviction?

Accepted Answer

The term "conviction" implies that there was a previous decision, most likely by a trial court or jury. The options in this question suggest what the Court of Appeals did with that decision. Of the choices, "affirmed" means that the Court of Appeals upheld the previous decision, meaning Thomas Harrison's conviction was upheld. A "remand" would mean sending the case back to the trial court for further action, and "assimilated" is not a term typically used in legal contexts. Therefore, the best choice is C, affirmed.

Quiz 3: The Elements of Criminal Liability