Deck 2: Essential Elements of Crimes

Question 1

In order to impose criminal liability:

A)factual and legal causation must exist.
B)factual but not legal causation must exist.
C)legal but not factual causation must exist.
D)neither factual nor legal causation need exist.

Answer 1

A

Question 2

The "but-for" test is associated with:

A)factual causation.
B)proximate causation.
C)legal causation.
D)constructive causation.

Answer 2

A

Question 3

A common method of proving mens rea is by:

A)a guilty plea.
B)inference from a person's actions.
C)an eyewitness.
D)a polygraph examination.

Answer 3

B

Question 4

If an actor knows that harm may follow his or her voluntary action, the actor possesses:

A)subjective fault.
B)excessive fault.
C)objective fault.
D)conclusive fault.

Question 5

The most important factor(s) in grading offenses is:

A)the mens rea and the harm done.
B)the legal duty to act.
C)the complexity of the crime.
D)the number of victims and the extent of loss.

Question 6

Conduct during a sleepwalking episode is considered:

A)a voluntary act.
B)a status or condition.
C)an involuntary act.
D)a strict liability act.

Question 7

In order to be held criminally liable for a failure to act, the defendant:

A)must have a moral duty to act.
B)must possess malice aforethought.
C)must be at least negligent.
D)must have a legal duty to act.

Question 8

The reasonable person standard is part of the definition of:

A)purpose.
B)knowledge.
C)recklessness.
D)specific intent.

Question 9

Which of the following is not considered an act for purposes of criminal law?

A)Omission
B)Thought
C)Speech
D)Attempt

Question 10

Negligent wrongdoers:

A)know that they are doing wrong.
B)know that they are creating risks.
C)do not consciously create risks of harm.
D)cannot be punished.

Question 11

A subjective state of mind is:

A)the defendant's actual state of mind.
B)what most people would intend under the circumstances.
C)what a reasonable person would intend under the circumstances.
D)the jury's opinion of what it would intend under the circumstances.

Question 12

Wanton conduct is:

A)harming knowingly.
B)consciously creating risks of harm.
C)creating risks of harm without knowing it.
D)acting in such a way as to cause harm.

Question 13

When the defendant intends to harm one victim but harms another, the law may punish for:

A)general intent.
B)transferred intent.
C)specific intent.
D)constructive intent.

Question 14

A person who acts "knowingly" acts:

A)intelligently.
B)consciously or with awareness.
C)with a specific intent to accomplish a criminal harm.
D)reasonably.

Question 15

In what type of crime may the prosecution ignore the defendant's state of mind?

A)Misdemeanors
B)Administrative crimes
C)Status crimes
D)Strict liability crimes

Question 16

Mens rea includes:

A)strict liability.
B)status or condition.
C)specific intent.
D)omission.

Question 17

Strict liability has been criticized on the grounds that:

A)it imposes liability without blameworthiness.
B)it imprisons too many people.
C)it is contrary to sound social policy.
D)it does not punish offenders severely enough.

Question 18

If the defendant should know that harm will likely follow his or her voluntary act, the defendant possesses:

A)constructive fault.
B)subjective fault.
C)objective fault.
D)proximate fault.