Exam 2: Elements of a Crime

In which court case did the U.S. Supreme Court hold that, "The act of agent, while exercising the authority delegated to him may be controlled, in the interest of public policy, by imputing his act to his employer and imposing penalties upon the corporation for which he is acting?"

Which type of intent refers only to the willful commission of an act (or the omission of an act that one has a legal duty to perform)?

The Model Penal Code provides four different levels of intent. Which of the following is not included?

What crime stems from the belief that young people need to be protected from sexual experiences?

What are the limitations of enterprise liability?

Which of the following does not create criminal culpability for a failure to act?

Discuss the theory under which the government could hold a corporation liable in a murder case, for example. How would that kind of case proceed?

In addition to the four elements for all crimes, some require which additional element?

In which court case did the Fifth District Court of Appeals emphasize the economic benefits that corporations might enjoy if they were not responsible for damages and personal injuries (or deaths) caused by their defective products?

It may be difficult to that an act occurred even when it did.

Define strict liability. Why do most jurisdictions consider statutory rape a strict liability offense? Do you believe it is just to hold individuals criminally liable for actions in which they did not possess any intent to commit the crime? Explain why you do/do not believe the concept of strict liability in criminal law is just, presenting clear arguments to support your belief and addressing potential arguments from the other side of the debate.

List the elements of a crime.

Explain how possession can be sufficient to meet the "act" requirement to constitute a criminal offense.

The act of selling alcoholic beverages to a minor in most jurisdictions is a crime. It is an example of _______________ liability.

Define and give an example of an intervening act.

A defendant may not be held criminally responsible unless it can be proven that his acts caused the injury, death, or property damage to the victim. This is known as the ______________________ element required of all crime in the United States.

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. The correct charge against the actor is:

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. In this case the cancer would be:

In general, there are four elements to every crime in the United States. Which of the following is not one of those elements?

In statutes that have attendant circumstances, what is the importance of the attendant circumstances in the context of proof at trial?