Deck 4: Actus Reus

Question 1

______ is typically defined as the ability to exercise "dominion and control" over an object.

A) Preparation
B) Omission
C) Fleeting
D) Possession

Answer 1

D

Question 2

______ possession refers to a situation in which a number of individuals exercise control over an object.

A) Basic
B) Group
C) Joint
D) Multiple

Answer 2

C

Question 3

Which of the following offenses is considered a possession?

A) moral
B) attempt
C) omission
D) preparatory

Answer 3

D

Question 4

______ possession refers to drugs and other contraband that are in an individual's physical possession or within the individual's immediate reach.

A) Mere
B) Actual
C) Joint
D) Multiple

Question 5

Which of the following types of possession is an actual defense that can be used in a trial?

A) constructive possession
B) defensible possession
C) justifiable possession
D) fleeting possession

Question 6

______ possession refers to physical control without awareness of the object.

A) Negligible
B) Actual
C) Constructive
D) Mere

Question 7

______ possession means an individual's awareness that he or she is in possession of an object.

A) Knowing
B) Constructive
C) Mere
D) Identifiable

Question 8

A criminal act or omission to act is known as ______.

A) actus reus
B) mens rea
C) actus rea
D) mens reus

Question 9

______ possession refers to contraband that is outside of an individual's physical control over which he or she exercises control as a result of access to the location where the items are stored or through his or her ability to control an individual with physical control over the contraband.

A) Mere
B) Constructive
C) Joint
D) Multiple

Question 10

A(n) ______ is a conscious choice by an individual to commit or not commit an act.

A) independent
B) involuntary
C) dependent
D) voluntary

Question 11

The commentary to Model Penal Code

Question 12

An act may be innocent or criminal depending on the context or ______ circumstances.

A) resulting
B) actus
C) attendant
D) intermediate

Question 13

Criminal intent is also referred to as ______.

A) actus reus
B) mens rea
C) actus rea
D) mens reus

Question 14

The common law recognized that individuals possess an obligation to assist their child, spouse, or employee. This is known as a(n) ______.

A) statute
B) status
C) contract
D) assumption

Question 15

The ______ rule obligates an individual to intervene.

A) Good Samaritan
B) duty to intervene
C) omission
D) European bystander rule

Question 16

An obligation to intervene may be created by an agreement or a(n) ______.

A) statute
B) status
C) contract
D) assumption

Question 17

A(n) ______ is a failure to act or a negative act.

A) dependent
B) involuntary
C) omission
D) conflict

Question 18

All of the following are considered conditions in which a person must intervene EXCEPT ______.

A) status
B) contract
C) statute
D) morals

Question 19

The ______ rule permits an innocent individual to momentarily possess and dispose of an illegal object.

A) fleeting possession
B) constructive possession
C) temporary possession
D) mere possession

Question 20

The ______ law punishes voluntary acts and does not penalize thoughts.

A) civil
B) criminal
C) administrative
D) international

Question 21

Jonathan is a sleepwalker. One night during a nightmare, he takes the gun from his nightstand and goes on a search for his attacker. He shoots and injures David, an innocent bystander who has never met Jonathan. Jonathan wakes up in the police station unaware of any of the recent events. Will he be convicted for his actions?

A) Yes, he fired his weapon without excuse or justification.
B) Yes, his actions were a product of voluntariness.
C) No, he was unconscious and his actions were involuntary.
D) No, unless eyewitnesses prove his actions.

Question 22

Jacinda has had seizures all her life; nonetheless she still drives her car to and from work every day. One day on her way to work, she began having a seizure while driving. Subsequently she was unable to stop her car at a stop sign and hit multiple children as they crossed the street on their walk to school. Will Jacinda likely be successful in her argument that the accident was a result of an involuntary action?

A) Yes, she has no control of when her seizures take place.
B) Yes, she did not intend to hit the students.
C) No, she was aware of her seizure disorder and should take precautions.
D) No, unless she was taking anti-seizure medication at the time.

Question 23

Which of the following is an example of a voluntary act?

A) a convulsion
B) a reflex
C) a habit
D) a omission

Question 24

In which situation is the individually likely to be charged with a crime if stopped by a police officer?

A) a known prostitute who is spotted ordering coffee at the neighborhood spot
B) a known gang member who is walking with his child to the supermarket
C) a communist man expressing his views in a public forum
D) a drug user who is also selling in an open air market

Question 25

A babysitter who agrees to care for children or a lifeguard employed to safeguard swimmers is an example of which of the following?

A) statute
B) assumption of a duty
C) status
D) contract

Question 26

Meech is a known gang member living in a house with several other men from his gang. He was pressured to join the gang and is really the lowest man on the totem pole in terms of hierarchy. Nonetheless, the police raided the house pursuant to a legally issued search warrant. They seized methamphetamines and heroin. Will Meech be convicted of the relevant drug crimes just because he lives in the house?

A) Yes, living in the house where the contraband was found constitutes joint possession.
B) No, joint possession requires specific proof that Meech was connected to the drugs.
C) Yes, based on these facts the prosecutor can clearly establish mere possession.
D) No, mere possession requires physical control.

Question 27

During an urban peaceful protest Jack is tazed by a police officer. The jolt sends his limbs flying and he kicks the officer in the shin. Will he likely be charged with assaulting an officer based on the kick?

A) Yes, because it was the natural and probable consequence of attending the protest.
B) Yes, because his foot made contact with an officer in an inappropriate manner that was the result of voluntary action.
C) No, because it was the product of an involuntary movement.
D) No, because it would violate equal protection.

Question 28

In State v. Mally the duty to intervene was recognized on what basis?

A) status
B) control
C) contract
D) creation of peril

Question 29

Possession should be clearly established ______.

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

Question 30

Rory has been kidnapped. The kidnappers plan to use him to commit a crime spree in hopes they will not be identified and will reap the benefits from the crimes Rory will commit. He has been hypnotized to believe that the entire plan is his own. Will Rory have criminal liability if he participates in the crime spree?

A) Yes, if he participates he is subject to accomplice liability.
B) No, providing his actions are found to be involuntary.
C) Yes, but he will be subject to lesser penalties.
D) No, but he will have to testify against his kidnappers in exchange for immunity.

Question 31

Why is the punishment of a status offense considered cruel and usual?

A) It involves punishment for a condition or characteristic that may not be translated into socially harmful acts.
B) It violates due process.
C) It is only considered cruel and unusual in the case of alcohol and drug users.
D) It is never cruel and unusual.

Question 32

Which is NOT an element of possession?

A) knowledge of the presence of the object
B) exercise of dominion or control
C) knowledge of the character of the object
D) possession for such time to satisfy the statutory required 24-hour period

Question 33

Robinson v. California ruled that it is unjust to convict the defendant of a ______ because he is a narcotic addict.

A) possession
B) preparatory offense
C) misdemeanor
D) status offense

Question 34

Janice was arrested in a hotel room in which the police found a duffle bag with drug paraphernalia and residue. Janice claimed to be carrying the bag into the hotel room for her friend who arrived shortly thereafter. May Janice be found guilty of possession of a controlled substance despite having no knowledge of the contents in the duffle bag?

A) Yes, most states do not have a knowledge requirement.
B) Yes, but only if knowledge can be proven through circumstantial evidence and inferences.
C) No, because the police did not witness Janice physically holding the paraphernalia itself.
D) No, unless Janice has prior drug-related convictions.

Question 35

The practical considerations of requiring that a criminal act be voluntary include all of the following EXCEPT ______.

A) there is a strong need to deter individuals who involuntary engage in criminal conduct
B) it would be fundamentally unfair to punish those who do not consciously choose to engage in criminal conduct
C) involuntary actors cannot be considered morally blameworthy
D) there is no need to incapacitate or rehabilitate individuals who voluntary engage in criminal conduct

Question 36

All of the following involuntary acts are covered under the Model Penal Code EXCEPT ______.

A) convulsions
B) acts committed under hypnosis
C) reflexes
D) eyerolls

Question 37

Which case held that the defendants had been improperly arrested and punished because they were unemployed "hippies"?

A) People v. Kellogg
B) Wheeler v. Goodman
C) Brown v. Board of Education
D) Robinson v. California

Question 38

______ describes a situation wherein an individual takes on responsibility for and a legal duty to a stranger in peril because he or she chose to assist.

A) Contractual duty
B) Assumption of duty
C) Creation of peril
D) Statutory duty

Question 39

All of the following lead to the omission of a duty EXCEPT ______.

A) acting when a person is in peril
B) knowledge that the victim is in peril
C) criminal intent
D) possession of the capacity to perform the act

Question 40

It is a crime to be drunk in public. Homeless people are always in public because they have nowhere else to go. Would it be constitutionally permissible to punish alcoholics who are homeless?

A) Yes, they violated a statute for which the standard is strict liability.
B) Yes, providing they were exhibiting the type of disruptive behavior the statute was aimed at preventing.
C) No, being alcoholic and homeless are both statuses, which cannot be criminalized.
D) No, as a society we aim to not kick people when they are down.

Question 41

The law excuses persons from fulfilling their duty in those instances in which they would be placed in peril.

Question 42

The criminal law punishes involuntary acts and does not penalize thoughts.

Question 43

The most difficult issue for courts is mere possession.

Question 44

A negation is a failure to act or a "negative act."

Question 45

It is believed that punishing possession deters and prevents the next step.

Question 46

What are the two requirements for a crime to occur?

A) actus reus and mens rea
B) a voluntary act and a criminal thought
C) actus rea and mens reus
D) a criminal intent and opportunity

Question 47

In the United States, a duty to intervene may be created by a statute that imposes a duty of care.

Question 48

Crimes require differing attendant circumstances.

Question 49

In which cases would it be fair to punish individuals who do not consciously engage in criminal activity?

A) when there are aggravating circumstances
B) never
C) when dealing with white collar criminals
D) only when the charge is capital murder

Question 50

There does NOT necessarily need to be concurrence between the actus reus and mens rea.

Question 51

An individual who intentionally places another in danger does not have a duty of rescue.

Question 52

The basic rule in the United States is that an individual is not legally required to assist a person who is in peril.

Question 53

The Good Samaritan standard common in Europe obligates individuals to intervene.

Question 54

Individuals may be punished on a mere condition.

Question 55

It is NOT necessary for the voluntary act to have caused the social harm to be punishable under the relevant statute.

Question 56

The modern view is that an act involves a bodily movement whether voluntary or involuntary.

Question 57

A criminal act is limited to acts and omissions.

Question 58

What is mens rea?

A) a criminal act
B) a criminal intent
C) an omission
D) a criminal thought

Question 59

The Model Penal Code requires that the guilt of the defendant should be based on conduct that includes a voluntary act or omission.

Question 60

A crime is comprised of an actus reus and a mens rea.

Question 61

Individuals who intervene will never be placed in jeopardy.

Question 62

What is the difference between actual possession and joint possession? What is the difference between constructive possession and fleeting possession? Why is joint possession the difficult issue for courts?

Question 63

What does fleeting possession permit?

Question 64

Briefly compare and contrast the concepts of constructive and joint possession against actual (regular) possession. State why you believe constructive and joint possession should or should not be permissible as legal offenses.

Question 65

List four reasons why we have the American bystander rule.

Question 66

What types of acts are covered under the Model Penal Code as involuntary acts? Do you believe these acts should be protected? Why or why not? Are there others that you would add to the list? If so, discuss why you would add them. What are some of the issues and challenges posed by using these involuntary acts as a defense during trial?

Question 67

What is possession?

Question 68

What is a preparatory offense?

Question 69

Why do we have the American bystander rule? What are the criticisms of the American bystander rule? Which argument do you agree with? Why?

Question 70

When there exists a legal duty to intervene, such as a mother's duty to her child, what types of situation can an individual disregard or be excused from this duty? Provide example(s) to illustrate these situations.

Question 71

What is a difference between a voluntary act and an involuntary act?

Question 72

Mere possession refers to an individual's awareness that he or she is in possession of contraband.

Question 73

List four situations where an individual has the duty to intervene.

Question 74

List and discuss five conditions under which an individual has a duty to intervene. Give an example of each.

Question 75

The fleeting possession rule is a limited exception to criminal possession

Question 76

Summarize and discuss the case People v. Kellogg. Compare and contrast this case with Robinson v. California and Powell v. Texas. What were the rulings in each of these cases? Do you agree with the ruling? Why or why not?

Question 77

How does the Good Samaritan standard differ from the American bystander rule?

Question 78

Jerry is involved in a hit-and-run accident while riding his bike. Marge sees the accident occur, realizes that Jerry is slowly dying on the road, yet she continues to walk home. Later that evening, Marge sees on the nightly news that Jerry has died. In what types of situations are you liable to help someone? Was Marge liable for the death of Jerry? Why or why not? If Marge had started to take Jerry to the hospital, but dropped him off a block before the destination because she was running late, would she be liable for the death of Jerry? Why or why not?

Question 79

List a reason as to why the criminal law punishes voluntary acts and does NOT penalize thoughts.

Question 80

What is a status offense? Why are status offenses considered cruel and unusual punishment?