Deck 3: Essential Elements of a Crime

Question 1

Motive is an essential element of most criminal offenses.

Answer 1

False

Question 2

Which term refers to an individual's mental state?

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

Answer 2

A

Question 3

Most crimes require the concurrence of which of the following?

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

Answer 3

B

Question 4

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

Question 5

The Latin term mens rea refers to:

A)strict liability.
B)guilty act.
C)guilty mind.
D)elements of a crime.

Question 6

Samuel decided to play a trick on his neighbor; they were always pranking each other. He installed a device under the car that would allow him to control the radio in the car. Unfortunately, while he was installing the device he cut the brake lines on the neighbor's car. Neighbor crashed the car on the way to work the next day. Samuel can be charged with a _____________ intent crime.

A)nonspecific
B)general
C)specific
D)negligent

Question 7

Samuel hated his neighbor, and decided to cut the brake lines on the neighbor's car. Neighbor crashed the car on the way to work the next day. Samuel can be charged with a _____________ intent crime.

A)nonspecific
B)general
C)specific
D)negligent

Question 8

The motor vehicle codes of most states contain strict liability statutes.

Question 9

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

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.

Question 10

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

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 11

The use of presumptions in the prosecution's case never present due process problems.

Question 12

According to the Model Penal Code, purposeful is a higher degree of culpability than negligent.

Question 13

Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other facts may be presumed to be true.

Question 14

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

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

Question 15

The Latin term actus reus means:

A)strict liability.
B)guilty act.
C)guilty mind.
D)elements of a crime.

Question 16

Not all crimes require proof that a defendant had a specific intent to achieve a specific end.

Question 17

One cannot be guilty of possession of stolen property if one does not know property is stolen. ​

Question 18

In criminal law, motive refers to:

A)criminal intent.
B)the defendant's mental state while committing the crime.
C)the reason the defendant committed the crime.
D)a necessary element of every crime.

Question 19

The term mens rea refers to the harm caused by the defendant's forbidden act.

Question 20

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

Question 21

Which crime includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen? ​

A)Receiving stolen property
B)Robbery
C)Possession of illegal substances
D)Homicide

Question 22

_____ is the highest degree of culpability according to the Model Penal Code.

A)Purpose
B)Knowledge
C)Recklessness
D)Negligence

Question 23

The mental element required in possession offenses is generally that of:

A)intent or knowledge.
B)recklessness.
C)negligence. ​
D)No mental element is required.

Question 24

______ include strict liability crimes.

A)Traffic violations
B)Narcotics laws
C)Public health laws
D)All of these choices

Question 25

Which is a name given to crimes which require no specific intent?

A)General intent crimes
B)Conclusive intent crimes
C)Substantive intent crimes
D)Reasonable intent crimes

Question 26

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

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.

Question 27

The year-and-a-day murder rule:

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 28

The intent necessary for one or more elements of an offense is: ​

A)specific intent.
B)global intent.
C)mental intent.
D)knowledgeable intent.

Question 29

_____ is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes.

A)Motive
B)Intent
C)Guilt
D)Criminal act

Question 30

In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law:

A)requires the defendant to testify.
B)allows defendants to use the victim's consent as a defense. ​
C)contains a scienter element.
D)does not allow mistake as to the age of the minor to be used as a defense.

Question 31

The cause, inducement, or reason why an act is committed is called:

A)intent.
B)motive.
C)recklessness.
D)negligence.

Question 32

The offense of carrying an unauthorized concealed weapon requires a showing of:

A)actual possession.
B)constructive possession.
C)either actual or constructive possession.
D)ownership of the weapon by the defendant.

Question 33

In a criminal trial, motive:

A)is always relevant evidence.
B)alone, is sufficient evidence for a conviction.
C)is required for conviction.
D)is the same as criminal intent.

Question 34

A strict liability offense is one without:

A)motive.
B)proximate cause.
C)criminal intent.
D)a guilty act.

Question 35

Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:

A)an element of the crime charged.
B)guilt beyond a reasonable doubt.
C)motive.
D)negligence.

Question 36

The mental purpose or design to commit a specific act is called: ​

A)intent.
B)motive.
C)recklessness.
D)negligence.

Question 37

While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction:

A)always makes a difference.
B)does not always make a difference.
C)is never important.
D)is always important.

Question 38

Which crime requires specific intent?

A)First-degree murder
B)Selling alcohol to an underage person
C)Distribution of illegal drugs ​
D)Unregistered hand grenades

Question 39

Motive can be important evidence in determining:

A)punishment.
B)guilt.
C)recklessness.
D)negligence.

Question 40

Strict liability statutes:

A)generally provide for harsh penalties.
B)do not require the prosecutor to prove criminal intent.
C)require a particular state of mind at the time of the act.
D)are considered true crimes.

Question 41

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.

A)Susie could be arrested for:
B)possession of criminal tools.
C)possession of illegal tools.
D)possession of burglary tools.
E)possession of stolen tools.

Question 42

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.

A)The wrong done is called the:
B)act element.
C)mental element.
D)harm element.
E)cause element.

Question 43

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.

A)Julie can be arrested and charged because she had these items:
B)in her bag.
C)in her possession.
D)on her while she was committing a crime (jay walking).
E)in her upper body area.

Question 44

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.

A)A form of specific intent requiring the showing that an actor knew of the existence of certain facts is called:
B)specific intent.
C)scienter.
D)mental intent.
E)knowledgeable intent.

Question 45

In the state of Wisconsin during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching 20 degrees below zero, and Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police.

A)For Johnny to be convicted of a crime, the prosecutor must:
B)provide proof beyond a reasonable doubt.
C)prove due process.
D)prove mens rea. ​
E)provide a ctus reus.

Question 46

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.

A)Due to the large amount of drugs in Julie's possession, the State should be able to easily prove:
B)mens rea.
C)presumption.
D)strict liability.
E)scienter.

Question 47

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.

A)What must occur before a presumption can be rejected by a judge or jury?
B)Other evidence must come to light.
C)The defendant must reject it.
D)The judge must rule it out of order.
E)The prosecutor must accept the fallibility of the presumption.

Question 48

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.

A)The forbidden act (or failure to act)is called the:
B)act element.
C)criminal element.
D)timed element.
E)strict element.

Question 49

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.

A)The harm done was the natural and probable result of the wrongful act is called the:
B)act element.
C)mental element.
D)harm element.
E)cause element.

Question 50

In the state of Wisconsin during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching 20 degrees below zero, and Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police.

A)During this incident, Johnny was not arrested because he did not have:
B)an ID.
C)a sound mental state.
D)actus reus.
E)mens rea.

Question 51

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.

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 52

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.

A)________ are not included in strict liability crimes.
B)Traffic violations
C)Narcotics laws
D)Public health laws
E)First-degree murder

Question 53

In the state of Wisconsin during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching 20 degrees below zero, and Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police.

A)During this incident, Johnny displayed:
B)reasonableness.
C)due diligence.
D)actus reus.
E)mens rea .

Question 54

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.

A)Susie hides stolen goods away, and only she knows where they are located. She does not possess them but would be guilty nonetheless of:
B)constructive possession.
C)receiving stolen goods.
D)carrying possession.
E)illegal possession.

Question 55

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.

A)Due to the large amount of drugs on Julie's possession, a judge could easily conclude that a(n)_____ exists.
B)due process
C)inference
D)scienter
E)culpability

Question 56

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.

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 57

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.

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 58

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.

A)If a statute requires knowledge about a certain fact, then the prosecution must be able to __ that knowledge.
B)infer
C)prove
D)presume
E)explain

Question 59

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.

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.

Question 60

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.

A)Due to the large amount of drugs on Julie's possession, a judge or jury could easily conclude that she is a drug dealer instead of a drug user.  This conclusion is referred to as a(n):
B)inference.
C)deducible conclusion.
D)presumption.
E)reasonable conclusion.

Question 61

What types of evidence can prosecutors introduce at trial in order to prove a defendant's mens rea beyond a reasonable doubt?

Question 62

The penalties for ___ liability offenses are usually lighter than "true" crimes.

Question 63

A form of specific intent requiring a showing that the actor knew of the existence of certain facts is called ___.

Question 64

Explain the difference between specific intent and general intent crimes.

Question 65

According to the Model Penal Code, acting ___________________ is the same as acting with general intent.

Question 66

The reason a person commits a crime is called _________.

Question 67

The mental purpose or design to commit a specific act is called ___.

Question 68

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

Question 69

An offense which requires no mens rea , such as speeding, is a strict __________ offense.

Question 70

A statement of substantive law that cannot be overcome with evidence showing otherwise is known as a ______________ presumption.

Question 71

Mens rea is the criminal ____ or state of mind.

Question 72

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

Question 73

Under the common law, an individual could only be held responsible for the cause of someone's death if death occurred within ____ of the criminal act.

Question 74

Discuss conclusive presumption. Explain why conclusive presumptions are usually prohibited.

Question 75

Actus rea is the  ____ act or omission.

Question 76

The categories of culpability from the Model Penal Code include purpose, knowledge, recklessness, and _______________.

Question 77

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

Question 78

Explain the difference between motive and intent. Explain which is generally more important in a criminal trial and why.

Question 79

Define mens rea . Define actus reus . Explain the differences between the two.

Question 80

Proximate cause is the ordinary and ____ cause of a result.