Question 1

The term actus reus is related to conduct as the term mens rea is related to:
A)attendant circumstances.
B)culpable mental state.
C)causation.
D)harm.

Accepted Answer

The term mens rea is related to the culpable mental state or the state of mind of the defendant while committing the act, whereas actus reus deals with the physical act or conduct itself. Therefore, the best choice is B, as it is in contrast to actus reus and describes the mental element of a crime.

Question 2

An offense which punishes the individual for being something rather than doing something is known as a:
A)victimless crime.
B)de facto crime.
C)punitive crime.
D)status offense.

Accepted Answer

A status offense is a crime that punishes an individual for being something, like underage drinking or skipping school. The action itself may not be illegal if committed by an adult, but because the individual is a minor, it becomes a criminal offense.

Question 3

If an offender is aware of but consciously disregards a substantial and unjustifiable risk that a result will occur,the offender has acted with the culpable mental state of:
A)intent.
B)knowledge.
C)recklessness.
D)criminal negligence.

Accepted Answer

The offender has acted with recklessness. Recklessness is when the offender is aware of a substantial and unjustifiable risk but consciously disregards it. This is different from intent and knowledge because the offender may not intend for the result to occur or have actual knowledge that it will occur, but they are aware of the risk and choose to ignore it. Criminal negligence is a lower level of culpability where the offender fails to perceive a substantial and unjustifiable risk that should have been obvious to them.

Question 4

Suppose John,a previously convicted felon,assaults his neighbor Juanita,a recent immigrant from Honduras,by threatening to cut her with a razor.Upon conviction for aggravated assault,the sentence John receives could be increased beyond the statutory norm if the court determines:
A)he used a deadly weapon.
B)he has a prior felony conviction.
C)his conduct constituted a hate crime.
D)all of the above are possible reasons for a sentence to be increased.

Accepted Answer

All of the reasons listed are possible grounds for an increased sentence for John's aggravated assault conviction. The use of a deadly weapon, prior felony convictions, or the conduct constituting a hate crime are all aggravating factors that could result in a harsher punishment beyond the standard statutory range.

Question 5

If an offender is aware that her conduct is reasonably certain to cause a result,the offender has acted with the culpable mental state of:
A)intent.
B)knowledge.
C)recklessness.
D)criminal negligence.

Accepted Answer

Knowledge is the culpable mental state that applies when an offender is aware that their conduct is reasonably certain to cause a result. This means that the offender understands the consequences of their actions and intends to bring about the specific result. It is not as extreme as intent, where the offender desires the result, but it is more than mere recklessness or negligence. Therefore, option B is the best choice.

Question 6

Assume the City of El Paso enacts a curfew ordinance declaring it unlawful for an unaccompanied minor to remain in a public place after 11:00 P.M.The three elements of the offense that limit its application to minors,in public places,after 11:00 P.M.are examples of:
A)behavioral circumstances.
B)attendant circumstances.
C)status circumstances.
D)extenuating circumstances.

Accepted Answer

These are considered attendant circumstances because they are specific conditions or aspects of the situation (being a minor, in a public place, after 11:00 P.M.) that must be present at the time of the offense for it to be considered a violation of the law.

Question 7

The most common attendant circumstance that determines whether behavior is an offense is:
A)the location of the offense.
B)the age of the victim of the offense.
C)the time of day the offense occurs.
D)the motive for the offense.

Accepted Answer

The location of the offense often determines whether a behavior is considered an offense, as laws and social norms can vary significantly from one place to another, making an action acceptable in one location but not in another.

Question 8

Joe purposely sets fire to Bill's house.The wind shifts and the fire spreads to Becky's home,destroying it.As to the destruction of Becky's house,Joe:
A)has no criminal responsibility because he did not intend to destroy Becky's house.
B)is criminally responsible because of the Pinkerton Rule.
C)is criminally responsible because of the doctrine of primogeniture.
D)is criminally responsible because of the doctrine of transferred intent.

Accepted Answer

Joe is criminally responsible because of the doctrine of transferred intent. This means that even though Joe did not intend to destroy Becky's house, his intention to burn Bill's house transferred to the destruction of Becky's house. Therefore, he is responsible for the damage caused to Becky's house as well.

Question 9

Which of the following is one of the six traditional factors that are contained within all crimes?
A)malice
B)motive
C)blame
D)penalty

Accepted Answer

The answer of Which of the following is one of...

Question 10

Under the Texas Penal Code,a person who fails to act under particular circumstances commits a criminal offense only if:
A)he could have acted without potential harm to himself.
B)an existing law required him to act under those circumstances.
C)his failure to act results in personal injury or death to another.
D)the reasonable man would have acted under the same or similar circumstances.

Accepted Answer

According to the Texas Penal Code, a person who fails to act under particular circumstances commits a criminal offense only if an existing law required him to act under those circumstances. This is known as a duty to act or failure to report a crime. Without an existing law requiring action, failure to act alone is not enough to constitute a criminal offense.

Question 11

George learns that Randy has been secretly having sexual relations with his wife Kate.George grabs his pistol,gets in his car,and drives to Randy's house intending to shoot Randy.Randy,who is sitting on his front porch,sees George exit his car with pistol in hand.Fearing the worst,Randy jumps off the porch in an effort to escape.However,Randy hits the ground awkwardly and breaks his ankle.Meanwhile,George,seeing Randy writhing in pain,changes his mind and returns home.In this instance:
A)George has criminal responsibility for Randy's injury because his motive was to hurt or kill Randy.
B)George is criminally responsible for Randy's injury because but for George's conduct,Randy would not have broken his ankle.
C)George is not criminally responsible for Randy's injury because an intervening cause (jumping from the porch),not George's conduct,produced the injury.
D)George is criminally responsible for Randy's injury due to the doctrine of transferred intent.

Accepted Answer

The correct answer is C because an intervening cause (Randy jumping from the porch) was the direct cause of his injury, not George's conduct. While George intended to harm Randy, he did not actually cause the injury by shooting or physically harming Randy. Therefore, he is not criminally responsible for Randy's injury. The doctrine of transferred intent (choice D) applies when the intended target is not harmed but an unintended victim is. However, in this scenario, Randy was not the direct victim and the injury was caused by a separate cause.

Question 12

Which of the following is an element that must be proven in every criminal offense?
A)intent
B)causation
C)injury
D)motive

Accepted Answer

The answer of Which of the following is an element...

Question 13

Assume Adam purposefully fires a pistol at Baker.The bullet misses Baker but strikes and kills Charlie,an innocent bystander.At his trial for murdering Charlie,Adam argues that he is not guilty because he did not intend to shoot Charlie; he was trying to kill Baker.Which of the following is the most likely outcome of this situation?
A)Adam will be found not guilty of murdering Charlie because he lacked the necessary culpable mental state.
B)Adam will be found guilty of recklessly killing Charlie because he was aware that the shot might miss Baker.
C)Adam will be found guilty of murdering Charlie due to application of the doctrine of transferred intent.
D)Adam will be found not guilty of murdering Charlie but will be found guilty of attempting to murder Baker.

Accepted Answer

The doctrine of transferred intent applies when a person intends to commit a particular crime against one individual but instead commits the same crime against a different individual. In this case, even though Adam intended to shoot Baker, the doctrine of transferred intent would apply to hold him responsible for the murder of Charlie. Therefore, Adam would be found guilty of murdering Charlie due to the application of the doctrine of transferred intent.

Question 14

Roger is late for work.As he approaches an intersection in his car he observes that the traffic signal is red.Not seeing any other cars,Roger decides to proceed through the intersection without stopping.As he enters the intersection,Terry,riding a motorcycle,comes over the hill into the intersection and strikes the side of Roger's automobile.Terry is thrown from the motorcycle and seriously injured.Under these facts it would be accurate to say that Roger:
A)has no criminal responsibility because Terry hit him; he did not hit Terry.
B)was acting recklessly when he ran the red signal.
C)knowingly caused Terry's injuries as he should have anticipated cross-traffic.
D)is responsible for Terry's injuries due to the doctrine of transferred intent.

Accepted Answer

Roger was acting recklessly when he ran the red signal and should have stopped to ensure the intersection was clear before proceeding. His actions contributed to Terry's injuries, making him potentially liable for negligence. However, it does not meet the standard for transferred intent, as Roger did not have the intention to hit Terry or anyone else. Therefore, option B is the best choice.

Question 15

When an individual has dominion over an object without the item being in his or her actual presence,this is known in the law as:
A)collateral possession.
B)constructive possession.
C)simulated possession.
D)reactive possession.

Accepted Answer

Constructive possession refers to a legal concept where an individual is deemed to have control over an object even if it is not physically present. This can be established by demonstrating that the person has the intention and ability to exercise control over the item. Constructive possession is often used in criminal cases, such as drug possession, where an individual may not have the drugs on their person but has control over them in a hidden location.

Question 16

Which of the following is an element that must be proven in every criminal offense?
A)conduct
B)intent
C)motive
D)malice

Accepted Answer

Conduct, or some action or omission, is a necessary element in every criminal offense. The defendant must have engaged in the prohibited behavior in order to be convicted of the crime. Intent, motive, and malice may also be requirements depending on the specific offense, but conduct is a universal element.

Question 17

Lawful conduct may become unlawful conduct simply because of:
A)when the conduct occurs.
B)where the conduct occurs.
C)who engages in the conduct.
D)any of the above depending on the specifics of the statute.

Accepted Answer

Lawful conduct can become unlawful conduct depending on the specifics of the statute, which may define certain conduct as illegal based on the time, place, or person involved. Therefore, all of the choices (when, where, who) can apply and it ultimately depends on the particular law in question.

Question 18

In addition to a possible fine,the penalty for commission of a first degree felony in Texas is incarceration in the state prison for a term of years between:
A)2 and 20.
B)5 and 99.
C)3 and 5.
D)2 and 10.

Accepted Answer

The penalty for commission of a first degree felony in Texas is incarceration in the state prison for a term of years between 5 and 99, therefore option B is the correct answer. Options A, C, and D do not accurately reflect the sentence range for a first degree felony in Texas.

Question 19

In Texas,the penalty category with the most serious punishment is called a:
A)Class Z felony.
B)First degree felony.
C)Capital felony.
D)XXX felony.

Accepted Answer

In Texas, the penalty category with the most serious punishment is called a capital felony. It is punishable by death or life imprisonment without parole.

Question 20

The minimum term of imprisonment for a felony conviction in Texas is:
A)180 days.
B)2 years.
C)5 years.
D)366 days.

Accepted Answer

In Texas, the minimum term of imprisonment for a felony conviction is 180 days. Felony charges in Texas are serious crimes that carry severe penalties, including imprisonment. The specific term of imprisonment can vary widely depending on the severity of the felony, but the minimum term is set at 180 days.

Quiz 2: Elements of a Crime

The term actus reus is related to conduct as the term mens rea is related to:

An offense which punishes the individual for being something rather than doing something is known as a:

If an offender is aware of but consciously disregards a substantial and unjustifiable risk that a result will occur,the offender has acted with the culpable mental state of:

Suppose John,a previously convicted felon,assaults his neighbor Juanita,a recent immigrant from Honduras,by threatening to cut her with a razor.Upon conviction for aggravated assault,the sentence John receives could be increased beyond the statutory norm if the court determines:

If an offender is aware that her conduct is reasonably certain to cause a result,the offender has acted with the culpable mental state of:

Assume the City of El Paso enacts a curfew ordinance declaring it unlawful for an unaccompanied minor to remain in a public place after 11:00 P.M.The three elements of the offense that limit its application to minors,in public places,after 11:00 P.M.are examples of:

The most common attendant circumstance that determines whether behavior is an offense is:

Joe purposely sets fire to Bill's house.The wind shifts and the fire spreads to Becky's home,destroying it.As to the destruction of Becky's house,Joe:

Which of the following is one of the six traditional factors that are contained within all crimes?

Under the Texas Penal Code,a person who fails to act under particular circumstances commits a criminal offense only if:

Which of the following is an element that must be proven in every criminal offense?

When an individual has dominion over an object without the item being in his or her actual presence,this is known in the law as:

Which of the following is an element that must be proven in every criminal offense?

Lawful conduct may become unlawful conduct simply because of:

In addition to a possible fine,the penalty for commission of a first degree felony in Texas is incarceration in the state prison for a term of years between:

In Texas,the penalty category with the most serious punishment is called a:

The minimum term of imprisonment for a felony conviction in Texas is: