Exam 4: Elements of Crimes and Parties to Crimes

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The common law did not distinguish among the various actors in felonies based on their degree of participation in the crime.

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A person's failure to act can never be the actus reus of a crime.

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Distinguish between actual and constructive possession using hypothetical examples.

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What states of mind does the Model Penal Code propose in lieu of the common-law requirements of general and specific intent?

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The law cannot criminalize the status of being addicted to narcotics, but it can punish an alcoholic for the act of public intoxication.

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Why is proving causation important in prosecuting certain specific-intent crimes?

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The actus reus requirement can be fulfilled by a person's failure to act where there is a family relationship or statutory or contractual duty to act.

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An attorney representing Wannabe in a criminal prosecution would most likely stress:

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At common law, a wife could not be an accessory after the fact to a felony committed by her husband.

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Unlike the civil law, the criminal law generally does not punish people for unintentional wrongs.

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At common law parties to crimes were classified as principals, accessories before the fact and ________________________.

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In a specific-intent crime, a criminal intends to accomplish a particular result.

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Explain why it is important to determine the intent required by a criminal statute.

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The term mens rea refers to a person's motive for doing an illegal act.

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To establish that a defendant is guilty of a crime, the prosecution must prove the defendant committed some legally proscribed act or ___________when the law required certain action.

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The Model Penal Code rejects the common-law terms for intent.Instead, it proposes four states of mind: purposeful; knowing; reckless; and ___________.

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When an offense is defined in a manner that a specific result must occur, the concept of causation becomes important.This is most commonly associated with _________ offenses.

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Laws allowing criminal liability irrespective of intent are known as ______________ laws.

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Steve would most likely be viewed as:

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In prosecuting a specific-intent crime, it is necessary that a prosecutor establish a defendant's intent, but it is not necessary that the prosecutor establish the defendant's motive.

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