Question 1

Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment.

Accepted Answer

constructive

Question 2

To find a defendant guilty of the crime of receiving stolen property, most states:

Accepted Answer

A) do not require scienter. 
B) require proof the defendant knew the property was stolen. 
C) require proof the defendant committed the theft. 
D) require proof the defendant had a motive. 
A) do not require scienter. 
B) require proof the defendant knew the property was stolen. 
C) require proof the defendant committed the theft. 
D) require proof the defendant had a motive. B

Question 3

For crimes in which a harm has occurred, the state must prove:

Accepted Answer

A) the harm to the victim occurred immediately. 
B) the defendant's act was the ordinary and proximate cause of the harm. 
C) both that harm to the victim occurred immediately, and that the defendant's act was the ordinary and proximate cause of the harm. 
D) neither that harm to the victim occurred immediately, nor that the defendant's act was the ordinary and proximate cause of the harm. 
A) the harm to the victim occurred immediately. 
B) the defendant's act was the ordinary and proximate cause of the harm. 
C) both that harm to the victim occurred immediately, and that the defendant's act was the ordinary and proximate cause of the harm. 
D) neither that harm to the victim occurred immediately, nor that the defendant's act was the ordinary and proximate cause of the harm. B

Question 4

The year-and-a-day murder rule:

Accepted Answer

A) requires the victim die within a year and a day. 
B) has been abolished or amended in many states. 
C) requires the victim die within a year and a day, and has been abolished or amended in many states. 
D) does not require the victim die within a year and a day, and has not been abolished or amended in many states. 
A) requires the victim die within a year and a day. 
B) has been abolished or amended in many states. 
C) requires the victim die within a year and a day, and has been abolished or amended in many states. 
D) does not require the victim die within a year and a day, and has not been abolished or amended in many states.

Question 5

Motive is an essential element of most criminal offenses.

Accepted Answer

A) True 
 B)False

Question 6

Which term refers to an individual's mental state?

Accepted Answer

A) Mens rea 
B) Actus reus 
C) Scienter 
D) Proximate cause 
A) Mens rea 
B) Actus reus 
C) Scienter 
D) Proximate cause

Question 7

Only rarely is written evidence of the ____ of a defendant available to the state. ​

Accepted Answer

The answer of Only rarely is written evidence of the...

Question 8

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Accepted Answer

A) The maxim "ignorance of the law is no excuse" is applicable: 
B) in most crimes. 
C) only in strict liability crimes. 
D) in most cases except strict liability crimes. 
E) almost never. 
A) The maxim "ignorance of the law is no excuse" is applicable: 
B) in most crimes. 
C) only in strict liability crimes. 
D) in most cases except strict liability crimes. 
E) almost never.

Question 9

Thinking of committing a crime without performing a criminal act is:

Accepted Answer

A) never a crime. 
B) a crime in many states. 
C) a strict liability crime. 
D) difficult to prove beyond a reasonable doubt. 
A) never a crime. 
B) a crime in many states. 
C) a strict liability crime. 
D) difficult to prove beyond a reasonable doubt.

Question 10

Most crimes require the concurrence of which of the following?

Accepted Answer

A) Act and proximate cause 
B) Guilty act and guilty mind 
C) Guilty mind and causation 
D) Act and omission 
A) Act and proximate cause 
B) Guilty act and guilty mind 
C) Guilty mind and causation 
D) Act and omission

Question 11

Mens rea is the criminal ____ or state of mind.

Accepted Answer

The answer of Mens rea is the criminal ____ or...

Question 12

The ordinary and probable cause of a result is called the ____.

Accepted Answer

The answer of The ordinary and probable cause of a...

Question 13

Explain the "year and a day rule" as it relates to the crime of murder and the requirement that a crime be the proximate cause of the victim's injuries. Describe how and why the rule has evolved over the years.

Accepted Answer

The "year and a day rule" is a common la

Question 14

To obtain a conviction, the prosecution has the burden of proving every element of the crime:

Accepted Answer

A) by a preponderance of the evidence. 
B) by clear and convincing evidence. 
C) beyond a reasonable doubt. 
D) beyond a shadow of a doubt. 
A) by a preponderance of the evidence. 
B) by clear and convincing evidence. 
C) beyond a reasonable doubt. 
D) beyond a shadow of a doubt.

Question 15

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Accepted Answer

A) Presumptions fall into two categories, they are: 
B) rebuttable and irrebuttable. 
C) presumptive and nonpresumptive. 
D) general and specific. 
E) negligible and nonnegligible. 
A) Presumptions fall into two categories, they are: 
B) rebuttable and irrebuttable. 
C) presumptive and nonpresumptive. 
D) general and specific. 
E) negligible and nonnegligible.

Question 16

Identify the mental state (element) that generally must be proved in possession offenses. Discuss if criminal statutes require that ownership of the property be proved. Explain why this is so.

Accepted Answer

In possession offenses, the mental state

Question 17

Susie "pick pocket" Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools.

Accepted Answer

A) Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account for, and the personal belongings of people who have reported the items as stolen. Investigators can presume: 
B) that Susie found them. 
C) that Susie stole them. 
D) that Susie was returning them. 
E) nothing from this situation. 
A) Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account for, and the personal belongings of people who have reported the items as stolen. Investigators can presume: 
B) that Susie found them. 
C) that Susie stole them. 
D) that Susie was returning them. 
E) nothing from this situation.

Question 18

In the past, the year-and-a-day rule required that criminal defendants be charged within that time frame following the unlawful act.

Accepted Answer

A) True 
 B)False

Question 19

A party to a crime could be a person who aids and assists in the commission of the crime.

Accepted Answer

A) True 
 B)False

Question 20

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Accepted Answer

A) A person cannot be found guilty of possession of stolen goods if he or she did not know the goods were stolen. This is the element of: 
B) specific intent. 
C) scienter. 
D) mental intent. 
E) knowledgeable intent. 
A) A person cannot be found guilty of possession of stolen goods if he or she did not know the goods were stolen. This is the element of: 
B) specific intent. 
C) scienter. 
D) mental intent. 
E) knowledgeable intent.

Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment.

To find a defendant guilty of the crime of receiving stolen property, most states:

For crimes in which a harm has occurred, the state must prove:

The year-and-a-day murder rule:

Motive is an essential element of most criminal offenses.

Which term refers to an individual's mental state?

Only rarely is written evidence of the ____ of a defendant available to the state.

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Thinking of committing a crime without performing a criminal act is:

Most crimes require the concurrence of which of the following?

Mens rea is the criminal ____ or state of mind.

The ordinary and probable cause of a result is called the ____.

Explain the "year and a day rule" as it relates to the crime of murder and the requirement that a crime be the proximate cause of the victim's injuries. Describe how and why the rule has evolved over the years.

To obtain a conviction, the prosecution has the burden of proving every element of the crime:

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Identify the mental state (element) that generally must be proved in possession offenses. Discuss if criminal statutes require that ownership of the property be proved. Explain why this is so.

Susie "pick pocket" Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools.

In the past, the year-and-a-day rule required that criminal defendants be charged within that time frame following the unlawful act.

A party to a crime could be a person who aids and assists in the commission of the crime.

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Criminal Law: Purposes, Scope, and Sources

Jurisdiction

Criminal Liability

Criminal Responsibility and the Capacity to Commit a Crime

The Law Governing the Use of Force

Other Criminal Defenses

Criminal Punishments

Free Speech, Street Crimes, and the Bill of Rights

Homicide

Assault, Battery, and Other Crimes Against the Person

Sexual Assault, Rape, Prostitution, and Related Sex Crimes

Theft

Robbery, Burglary, and Related Crimes

White Collar Crime, Cyber Crime, and Commercial Crime

Drug Abuse and Alcohol-Related Crime

Terrorism

Organized Crime and Gangs

Immigration Crimes, Contempt, and Other Crimes Against the Government

Filters

Exam 3: Essential Elements of a Crime

Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment.

To find a defendant guilty of the crime of receiving stolen property, most states:

For crimes in which a harm has occurred, the state must prove:

The year-and-a-day murder rule:

Motive is an essential element of most criminal offenses.

Which term refers to an individual's mental state?

Only rarely is written evidence of the ____ of a defendant available to the state. ​

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Thinking of committing a crime without performing a criminal act is:

Most crimes require the concurrence of which of the following?

Mens rea is the criminal ____ or state of mind.

The ordinary and probable cause of a result is called the ____.

Explain the "year and a day rule" as it relates to the crime of murder and the requirement that a crime be the proximate cause of the victim's injuries. Describe how and why the rule has evolved over the years.

To obtain a conviction, the prosecution has the burden of proving every element of the crime:

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Identify the mental state (element) that generally must be proved in possession offenses. Discuss if criminal statutes require that ownership of the property be proved. Explain why this is so.

Susie "pick pocket" Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools.

In the past, the year-and-a-day rule required that criminal defendants be charged within that time frame following the unlawful act.

A party to a crime could be a person who aids and assists in the commission of the crime.

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Criminal Law: Purposes, Scope, and Sources

Jurisdiction

Criminal Liability

Criminal Responsibility and the Capacity to Commit a Crime

The Law Governing the Use of Force

Other Criminal Defenses

Criminal Punishments

Free Speech, Street Crimes, and the Bill of Rights

Homicide

Assault, Battery, and Other Crimes Against the Person

Sexual Assault, Rape, Prostitution, and Related Sex Crimes

Theft

Robbery, Burglary, and Related Crimes

White Collar Crime, Cyber Crime, and Commercial Crime

Drug Abuse and Alcohol-Related Crime

Terrorism

Organized Crime and Gangs

Immigration Crimes, Contempt, and Other Crimes Against the Government

Filters

Only rarely is written evidence of the ____ of a defendant available to the state.