Deck 3: The Elements of a Crime

Question 1

Which of the following are elements of a crime?

A) Voluntary act
B) Causation
C) Resulting harm
D) All of the above

Answer 1

D

Question 2

The concurrence of the act and the guilty state of mind is an element of a crime.

Answer 2

True

Question 3

Some crimes require the proof of attendant circumstances.

Answer 3

True

Question 4

Identify the attendant circumstances in a crime of statutory rape.

Question 5

Which of the following movies was highlighted in the text?

A) Star Wars
B) Minority Report
C) The Godfather
D) Public Enemies

Question 6

Which of the following court cases examined the voluntary act requirement in a different context?

A) Martin v. State (1944)
B) Robinson v. California (1962)
C) People v. Decina (1956)
D) Jones v. United States (1962)

Question 7

In the Martin v. State (1944), Martin was appealing his conviction of

A) arson.
B) intoxication on a public highway
C) murder.
D) burglary.

Question 8

Martin appeal his conviction to which of the following courts?

A) Alaska Court of Appeals
B) Alabama Court of Appeals
C) Florida Court of Appeals
D) New York Court of Appeals

Question 9

There must be an act in order for a person to be charged with a crime.

Question 10

Intent describes an individual's mental state.

Question 11

Which of the following courts convicted Robinson (Robinson v. California 1962)?

A) Municipal Court
B) Appellate Court
C) District Court
D) Supreme Court

Question 12

The Kitty Genovese murder took place in which year?

A) 1950
B) 1962
C) 1964
D) 1968

Question 13

Explain the bystander effect.

Question 14

The Kitty Genovese Case took place in which city?

A) Los Angeles
B) Chicago
C) New York
D) Seattle

Question 15

What condition did Mr. Decina have at the time of his accident?

A) Heart attack
B) Epileptic seizure
C) Asthma attack
D) Stroke

Question 16

A person may be held criminally liable for her failure to act only if he/she have a legal duty to do so.

Question 17

In which of the following cases did the U.S. Supreme Court hold that there are at least four circumstances that create a legal duty to act?

A) People v. Decina (1956)
B) Martin v. State (1944)
C) Robinson v. California (1962)
D) Jones v. United States (1962)

Question 18

Identify the four circumstances that create a legal duty to act.

Question 19

Identify the fight circumstance that can create a legal duty to act.

Question 20

If a driver hits a pedestrian and injures them, the driver has no legal duty to call an ambulance or to seek assistance.

Question 21

An individual can be held criminally liable in which of the following situations?

A) Failure to act results in the harm of a disabled person that the individual cares for
B) If a driver hits a pedestrian and does not seek assistance
C) If a parent fails to care for their child
D) All of the above

Question 22

The Sherrice Iverson Bill makes it a crime to fail to notify the police upon witnessing the sexual assault of an elderly individual.

Question 23

Good Samaritan laws are common in the United States.

Question 24

Good Samaritan laws are rare in Canada and Europe.

Question 25

The Sherrice Iverson Bill was passed in

A) 1990.
B) 2000.
C) 2004.
D) 2007.

Question 26

An individual who violates a Good Samaritan Law is guilty of a

A) infraction.
B) petty misdemeanor.
C) felony.
D) nothing.

Question 27

The act or omission must be accompanied by a guilty state of mind.

Question 28

Which of the following is not a level of mens rea?

A) Purposefully
B) Recklessly
C) Guilty
D) Knowingly

Question 29

Which of the following Model Penal Code sections sets forth four levels of mens rea?

A) 2.0
B) 2.01
C) 2.02
D) 2.03

Question 30

Which of the following two levels of mens rea are similar to one another, yet have a fine distinction?

A) Purposely and Recklessly
B) Purposely and Knowingly
C) Knowingly and Negligently
D) Negligently and Recklessly

Question 31

A person who acts ___________ has some sense of awareness.

A) Purposefully
B) Knowingly
C) Recklessly
D) Negligently

Question 32

Which of the following are the lowest levels of mens rea?

A) Negligently and Recklessly
B) Recklessly and Purposely
C) Purposely and Knowingly
D) Negligently and Knowingly

Question 33

Scholars believe that individuals who act negligently should be sued in a ____________

A) family court.
B) civil court.
C) criminal court.
D) drug court.

Question 34

The person who acts ___________ is clueless and has no sense of awareness.

A) Purposely
B) Knowingly
C) Recklessly
D) Negligently
Learning objective: Understand the four levels of culpability in Section 2.02 of the Model Penal Code
Cognitive domain: Comprehension;

Question 35

_________ crimes are those that only require a mental state that pertains to the act that causes the harm of the criminal offense.

A) General intent
B) Specific intent
C) Male in Se
D) Mala prohibita

Question 36

Which of the following are considered specific intent crimes?

A) Possession with the intent to distribute
B) Driving under the influence
C) Common law burglary
D) All of the above

Question 37

The State must prove each element of an offense beyond a reasonable doubt.

Question 38

Which of the following is considered an exception to the concurrence rule?

A) Doctrine of incorporation
B) Trespass doctrine
C) Strict liability
D) Causation

Question 39

A criminal act occurs when there is

A) a voluntary act (or omission) that causes the resulting harm.
B) a guilty state of mind.
C) the concurrence of the two.
D) All of the above

Question 40

The trespass doctrine is most often applied in cases involving

A) arson.
B) theft.
C) assault.
D) murder.

Question 41

A prosecutor most prove both types of causation.

Question 42

Individuals guilty of strict liability crimes do not act

A) Purposely
B) Knowingly
C) Recklessly
D) Negligently
E) All of the above

Question 43

Strict liability crimes only require that a person do a voluntary act.

Question 44

Strict liability laws can also be referred to as regulatory laws.

Question 45

Raymond Garnett was tried for which of the following crimes?

A) Murder
B) Arson
C) Rape
D) Burglary

Question 46

What was the age of the victim in the Garnett v. State (1993) case?

A) 12
B) 13
C) 14
D) 15

Question 47

Which of the following are options for dealing with mental retardation defendants charged with statutory rape.

A) Judges and prosecutors could use their discretion to pursue the prosecution for those who are morally culpable
B) Legislators could modify sentencing schemes applied to the defendants
C) Judges or legislators could interpret or change the governing rule of statutory rape
D) All of the above

Question 48

Which of the following individuals should be appropriately trained to deal with people with mental retardation?

A) Judges
B) Juries
C) Litigants
D) All of the above