Deck 2: What Is a Crime

Question 1

Examples of omissions that may be crimes include: (Choose all that apply.)

A) a parent who does not provide needed medical care for a minor child so that the child dies as a result of the lack of medical care.
B) a doctor who does not stop at the scene of an accident to help an injured motorist.
C) a motorist who does not stop and wait for help to arrive when he hits a woman crossing the street.
D) a doctor on duty in the ER who does not attempt to save the life of an ER patient because he knows the patient is a criminal.
E) All of the above.

Answer 1

All of the above.

Question 2

A man and a woman are joking around near a swift moving creek while on a date. The man, thinking the woman could swim, pushes her into the water. She starts flailing and yelling, "I can't swim." Why does the law require him to try to save her?

A) If he ever wants to take her out again, he better rescue her.
B) He owes a duty to attempt to save her because he placed her in peril.
C) He owes a duty by volunteering because he voluntarily pushed her in the water.
D) He owes a duty by relationship because they are dating.
E) All of the above.

Answer 2

He owes a duty to attempt to save her because he placed her in peril.

Question 3

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?

A) Yes, because there is no car around. So it is a hit and run.
B) No, because she is harmed, but you do not know for certain the harm was caused by a criminal act.
C) No. Until she tells you she was hit by a car, you don't know for certain that she was.
D) No, because you don't yet know that the driver of the car committed a crime or whether this was an accident.
E) B, C, and D.

Answer 3

B, C, and D.

Question 4

The elements of corpus dilecti are:

A) actus reus, mens rea, and harm.
B) mala in se, mens rea, and harm.
C) mala prohibita, mens rea, and harm.
D) harm resulting from a criminal act.
E) none of the above

Question 5

Which is (are) elements of a crime?

A) Causation
B) Actus reus
C) Mens rea
D) all of the above

Question 6

Which is an example of a status crime?

A) Being in the country on a student visa
B) Being in the country after having entered illegally
C) Being homeless
D) Carrying a deadly virus
E) none of the above

Question 7

Jack and Jill are computer experts who have come up with a way to break into their college registrar's office via the Internet. They discuss which grades they will change once they launch their cyber attack. Jill's stepbrother overhears the conversation and calls a friend at the local police department. Just as Jack and Jill enter the code that will allow them onto the registrar's server from their computer in the family room, police offices storm their quiet suburban home and yell, "Freeze. Drop that mouse." They comply. What are the likely charges?

A) Breaking and entering
B) Conspiracy to commit grade inflation
C) Conspiracy to commit computer crime
D) none of the above
E) B and C

Question 8

Parents may be responsible for their children's crimes if:

A) the parent allows the child to take the family car while knowing the child does not have a license to operate the vehicle.
B) the parent owns a gun but does not lock it up and the child uses the weapon.
C) the parent leaves illegal drugs within easy reach and the child sells the drugs to a classmate.
D) Parents are never responsible for their children's criminal acts.
E) A, B and C are all correct.

Question 9

In strict liability crimes:

A) intent is irrelevant.
B) mens rea is irrelevant.
C) the prosecutor must strictly prove mens rea to get a conviction.
D) only a wrongful act must occur.
E) A, B and D are all correct.

Question 10

Scienter:

A) is a contraction of science center or another name for a crime lab.
B) is a necessary element to prove when the offender knew the law was being broken.
C) must be proved to establish mens rea.
D) only a wrongful act must occur.
E) A, B and D are all correct.

Question 11

To prove mens rea in a second, third, or fourth degree crime, the prosecution must prove:

A) the defendant took an unjustifiable risk.
B) the defendant purposely committed the crime with intent to accomplish a particular result.
C) only that the defendant committed the crime.
D) the defendant took an unreasonable risk.
E) None of the above.

Question 12

Specific intent means that:

A) an individual committed a crime intending to cause a specific criminal result such as the death of a specific individual.
B) an individual committed the crime intending to cause one harm, but instead caused another harm such as burning down a house for the insurance money, but in the process also causing the death of a family member.
C) both A and B
D) none of the above.

Question 13

Joe Josey has a hot temper and has been drinking heavily at the Circle K bar. He believes that the young man occupying the bar stool next to his is trying to make a pass at the bartender, who happens to be Joe's girlfriend. Joe stands up and tries to punch the young man, but instead stumbles and smacks the little old lady on the next bar stool over. She falls and suffers a concussion. The concept that best explains why Joe may be criminally liable for the harm the old lady suffers is:

A) actus reus.
B) mens rea.
C) specific intent.
D) transferred intent.
E) all of the above

Question 14

Ten years after she was violently assaulted, Judy passes away from a blood infection acquired while receiving follow-up care for pain associated with the assault. Judy also suffered from ovarian cancer and was undergoing chemotherapy for the cancer at the time she died. You represent the original assailant, who has now been charged with murder. What is your best argument for dropping the charges?

A) Medical malpractice was the proximate cause of Judy's death.
B) Judy's ovarian cancer was an intervening cause that killed her.
C) No one could have foreseen that an assault victim would die from follow-up treatment a decade later.
D) None of the above. Defendants are always responsible for the consequences of their actions, no matter how much time has passed.
E) A and B

Question 15

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?

A) You bought the television from a friend of a friend who claimed he was selling it for his mother who is about to go into a nursing home, and you paid about 50% less than fair market value.
B) You bought the television on sale from a national retailer and you have the receipt.
C) You bought the television from a pawnshop.
D) You bought the set on Ebay and paid $20 less than the same set sells for at a leading national retailer.
E) You bought it from a stranger who rang your doorbell and paid about 25% of fair market value.

Question 16

For an act to be a crime, it must:

A) result in harm resulting from a criminal act.
B) be due to a criminal act whether anyone was harmed or not.
C) must result in harm regardless of the nature of the act.
D) Both A and B.
E) Both B and C.

Question 17

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

A) murder
B) bribery.
C) aggravated assault.
D) burglary.
E) motor vehicle theft.

Question 18

Direct evidence consists of all of the following except:

A) an eyewitness account of a crime.
B) an eyewitness account of a person fleeing from crime.
C) blood evidence gathered at the crime scene.
D) ballistics evidence gathered at the crime scene.
E) DNA evidence taken from the crime victim.

Question 19

Which of the following would constitute a criminal conspiracy?

A) Five people agree to hold a legal protest outside a public building.
B) A man plans to rob a bank.
C) Eleven people agree to work together to rob a casino.
D) Eleven people agree to work together to pass a piece of legislation.
E) none of the above

Question 20

A crime is a wrong against society or the public interest.

Question 21

Mens rea is a wrongful action.

Question 22

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

Question 23

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.

Question 24

Planning a crime in one's head can be a crime in and of itself because it establishes mens rea.

Question 25

One's status (i.e. homelessness, alcoholism) is not a crime.

Question 26

A homeless person is sleeping on a park bench after the park is officially closed. The sleeping man may be charged with the crime of homelessness.

Question 27

An alcoholic leaves a bar after drinking 5 shots of vodka and 2 pints of beer. She walks down a public street while removing her clothing. An officer arrests her for disturbing the peace and public drunkenness. This is an example of a status crime.

Question 28

There must always be specific intent to commit a crime or no prosecution is possible.

Question 29

Corpus dilecti requires both harm and a criminal act.

Question 30

If a person commits an act with the intent of causing a particular criminal result, the person is said to have general intent.

Question 31

Under the law, a person who acts under the influence of the devil is said to have actual possession.

Question 32

Some acts are crimes even if they cause no harm.

Question 33

Causation is the link between actus reus and _________.

Question 34

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

Question 35

_________ evidence is evidence based on first-hand knowledge.

Question 36

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

Question 37

A confession unaccompanied by other evidence does not constitute _________.

Question 38

Mens rea is defined as a _________ mind.

Question 39

_________ liability crimes only require a wrongful act to occur.

Question 40

Willful acts are _________ -degree offenses.

Question 41

_________ intent is where the individual intended the action only.

Question 42

MATCHING.

-Strict liability

A) The liability that those in loco parentis have for their charges.
B) Liability that one person has for another.
C) Liability for harm even if the person is not at fault or negligent.
D) Liability that employees incur for their employers.

Question 43

MATCHING.

-Vicarious liability

A) The liability that those in loco parentis have for their charges.
B) Liability that one person has for another.
C) Liability for harm even if the person is not at fault or negligent.
D) Liability that employees incur for their employers.

Question 44

MATCHING.

-Corporate liability

A) The liability that those in loco parentis have for their charges.
B) Liability that one person has for another.
C) Liability for harm even if the person is not at fault or negligent.
D) Liability that employees incur for their employers.

Question 45

MATCHING.

-Parental liability

A) The liability that those in loco parentis have for their charges.
B) Liability that one person has for another.
C) Liability for harm even if the person is not at fault or negligent.
D) Liability that employees incur for their employers.

Question 46

MATCHING.

-Subjective intent

A) The concept that some actions are so likely to cause a specific result, that the law treats that result as intended.
B) Intent where the person intended the action only and not the result.
C) What a reasonable person should have known or thought at the time of the event.
D) The offender's conscious intentions at the time of the crime.
E) The type of intent where the person commits an act designed to cause a specific criminal result.
F) The type of intent where a person intends to harm one person and harms another in the process.

Question 47

MATCHING.

-Objective intent

A) The concept that some actions are so likely to cause a specific result, that the law treats that result as intended.
B) Intent where the person intended the action only and not the result.
C) What a reasonable person should have known or thought at the time of the event.
D) The offender's conscious intentions at the time of the crime.
E) The type of intent where the person commits an act designed to cause a specific criminal result.
F) The type of intent where a person intends to harm one person and harms another in the process.

Question 48

MATCHING.

-Specific intent

A) The concept that some actions are so likely to cause a specific result, that the law treats that result as intended.
B) Intent where the person intended the action only and not the result.
C) What a reasonable person should have known or thought at the time of the event.
D) The offender's conscious intentions at the time of the crime.
E) The type of intent where the person commits an act designed to cause a specific criminal result.
F) The type of intent where a person intends to harm one person and harms another in the process.

Question 49

MATCHING.

-General intent

A) The concept that some actions are so likely to cause a specific result, that the law treats that result as intended.
B) Intent where the person intended the action only and not the result.
C) What a reasonable person should have known or thought at the time of the event.
D) The offender's conscious intentions at the time of the crime.
E) The type of intent where the person commits an act designed to cause a specific criminal result.
F) The type of intent where a person intends to harm one person and harms another in the process.

Question 50

MATCHING.

-Transferred intent

A) The concept that some actions are so likely to cause a specific result, that the law treats that result as intended.
B) Intent where the person intended the action only and not the result.
C) What a reasonable person should have known or thought at the time of the event.
D) The offender's conscious intentions at the time of the crime.
E) The type of intent where the person commits an act designed to cause a specific criminal result.
F) The type of intent where a person intends to harm one person and harms another in the process.

Question 51

MATCHING.

-Constructive intent

A) The concept that some actions are so likely to cause a specific result, that the law treats that result as intended.
B) Intent where the person intended the action only and not the result.
C) What a reasonable person should have known or thought at the time of the event.
D) The offender's conscious intentions at the time of the crime.
E) The type of intent where the person commits an act designed to cause a specific criminal result.
F) The type of intent where a person intends to harm one person and harms another in the process.

Question 52

Explain Mens rea and actus reus.

Question 53

A young boy aged five years finds his father's loaded gun on his parents' nightstand and he puts the gun in his kindergarten backpack. During recess, he shows his best friend the gun and pulls the trigger. The bullet misses his friend, but kills a custodian who was emptying a trashcan on the playground. Can the boy be charged with a crime?

Question 54

Given the same facts as the previous question, can the father be charged with a crime?

Question 55

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?