Exam 2: What Is a Crime

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MATCHING. -General intent

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A young girl is disabled, blind and unable to walk. She lives with her father and his paramour and is entirely dependent on their care to live and eat. The paramour runs the child's bath and submerges her, and then realizes the water is too hot when the child cries. She dries the child and puts her to bed after she explains what happened to the father. The child has burns on her body from the water, which the two treat with over-the-counter salves. The father waits eight days before calling an ambulance, but by then she is too ill to survive. Can the father be charged with murder?

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The father most likely will be charged with some form of murder even though there was likely no direct intent to cause the child harm. The father had a clear duty by relationship to protect the child and assure that she received proper medical care. By neglecting that duty, he caused harm. Most likely, he will be charged with one of the lesser degrees of murder, reflecting either a reckless disregard for the child's welfare or a negligent disregard for her welfare. It is unlikely that he would be charged with a first-degree crime, which requires a willful act, or with a second-degree crime, which requires a knowing act.

MATCHING. -Subjective intent

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Scienter:

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You are a police officer responding to a report of a person injured by the side of the road. You find a young woman with injuries consistent with being hit by a car. Do you have the necessary elements for a corpus dilecti of a crime?

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MATCHING. -Constructive intent

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MATCHING. -Transferred intent

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Direct evidence consists of all of the following except:

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_________ evidence is evidence based on first-hand knowledge.

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_________ liability crimes only require a wrongful act to occur.

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Legal professionals track criminal activity and submit the information to the _________ in a process called classifying and storing.

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Which of the following crimes is not tracked in the Uniform Crime Reporting Handbook?

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Mens rea is defined as a _________ mind.

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In strict liability crimes:

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Mens rea always requires direct proof that the defendant intended the act he or she committed.

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You have just purchased a television and a police officer has arrived at your door to explain that the set is stolen. He asks you where you got the television. Which explanation is least likely to land you in legal hot water?

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MATCHING. -Strict liability

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An omission can occur only when a person has a _________ to do something.

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Duty by relationship refers to the concept that a person can never be held responsible for a crime simply because he has a relationship with another person and did nothing to prevent harm to that person when he could have done so.

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Which is (are) elements of a crime?

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