Deck 3: Components of a Crime

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Question
Not every crime includes a guilty state of mind.
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Question
Association with the principal and presence at the crime scene are not enough to establish guilt as an accomplice.
Question
Intent is apparent only through the confession of the accused.
Question
Corporate crime causes more financial damage than all individual property crimes combined.
Question
Transferred intent assesses guilt for an unintended crime committed in the process of an intended crime.
Question
Max has been charged as an accomplice in a bank robbery.Max had been asked by his friend,Nancy,to drive her to First Union Bank as she had some business there.Max,believing he was helping a friend,agreed and picked her up at the agreed time.Max dropped Nancy off and parked a short distance away from the bank entrance.Max casually looked back at the bank and saw Nancy put on a mask and pull a gun out of her purse.Max was shocked,but quickly realized he didn't want to be a part of this crime.He can negate his criminal liability by

A)going into the bank and persuading Nancy to stop the robbery
B)calling the police,reporting the crime and putting a halt to it
C)driving away,withdrawing his help and refusing to further support Nancy's crime
D)doing both a and b
E)doing both a and c
Question
Jane invited Robert to come to her home to watch a movie.While watching Robert decided to get high and used heroin he had brought with him.Within a short time Robert collapsed.Jane did not seek help,but thought Robert would simply "sleep it off." Robert died.Jane can be charged with involuntary manslaughter because of her negligence in failing to get Robert medical attention.
Question
A prior conviction is good evidence of intent to commit a present crime.
Question
It is a crime if a professional who works with children fails to report suspected child abuse to law enforcement or other appropriate authority.
Question
Corporations,as well as individuals,may be charged with obstruction of justice.
Question
An employer may be responsible for the acts of its employee if that employee is carrying out the employer's business.This is known as

A)respondeat superior
B)corporate liability
C)strict responsibility
D)caveat emptor
Question
A sleepwalker who commits a crime may be able to avoid criminal liability by claiming that it was an involuntary act and the law requires that the criminal act be voluntary.
Question
Possession can include knowledge of where an item is and control of that area.
Question
A crime can occur even if no actual harm is done.
Question
George suggests to his friend a game of hide and seek.The friend hides in an abandoned refrigerator,suffocates,and dies.Because the friend would be alive "but for" George's suggestion,George has committed murder.
Question
If a parent fails to provide clothing,food and the basic necessities of life for his/her child,that parent may be held criminally responsible for the harm done to that child.This crime of omission arises by

A)special relationship
B)statute
C)contract
D)volunteering
Question
The concept of _______________________________________ allows one to be held criminally liable for the harm to a person other than the intended victim.

A)reckless intent
B)wanton intent
C)criminal intent
D)transferred intent
Question
Federal corporate fraud laws are enforced by the

A)local police
B)Secret Service
C)Corporate Fraud Task Force
D)Justice Department
Question
Criminal possession laws only address the possession of an unlawful object,such as drugs or weapons.
Question
Motive is the reason behind the crime and proves the element of intent.
Question
If nurse Eutha Nasia intends to end the life of B but turns off C's respirator by mistake,under what theory of intent can Nasia be charged with C's murder?

A)general intent
B)specific intent
C)transferred intent
D)premeditation
Question
Possession differs from most crimes because

A)no harm is required
B)it is constructive
C)there is little danger of charging innocent people
D)it is actual
Question
An _______________________________ is one who aids and abets the primary actor through encouragement or active involvement in the commission of a crime.
Question
Affirmative assistance sufficient for complicity can be all except

A)handing the principal a gun,not knowing it is a toy
B)mapping the getaway
C)encouraging the principal to beat up his neighbor
D)not protecting a child in one's care from abuse by a principal
Question
What is an accessory after the fact and what are its for components?
Question
In general,when is the failure to act sufficient actus reus for a crime? Give examples of three different types of criminal omission
Question
Mens rea is

A)a wrongful act
B)a wrongful intent
C)the document used to charge someone with a crime
D)another term for complicity
Question
Under the Model Penal Code definition,wanton behavior is

A)less serious than negligence
B)purposeful conduct
C)the most serious form of recklessness
D)not criminalized because it is not purposeful
Question
The term that means "the body of the crime" and is proof that loss or injury occurred as a result of someone's criminal conduct is the _______________ ____________________.
Question
___________________________ behavior is the most serious form of reckless behavior and it is characterized by malicious or arrogant disregard of the known risk to the rights or safety of others.
Question
Actus reus can include all except

A)words
B)omissions
C)status
D)possession
Question
In the context of the components of a crime,_________________________ is the logical and consistent connection that must exist between the perpetrator's wrongful intent and wrongful act and between the wrongful intent and the resulting harm.
Question
What is the definition of general and specific intent and how do these two concept differ?
Question
Actus reus is significant in defining crimes

A)bcause thoughts are not knowable
B)only if mens rea has not been established
C)except when bad thoughts threaten democracy
D)except when bad thoughts threaten religion
Question
Professionals who work with children are required to report suspected child abuse

A)only by half of the states
B)by only local governments
C)onlly in federal jurisdictions
D)by all states
Question
What are the four components of a crime,including a definition of each component?
Question
Name the four Model Penal Code levels of mental culpability and give an example of each.
Four Model Penal Code levels are as follows:
Question
The _____________________ _________________ of the injury is the act most closely and directly responsible for that injury.
Question
Motive is

A)the same as intent
B)irrelevant in criminal cases
C)important in sentencing
D)evidence of causation
Question
Of the following,who would not be charged as an accomplice?

A)a person who lends affirmative assistance to another in the commission of a crime
B)a getaway driver who did not think his partner in crime was going to pull a gun on the store clerk
C)a dealer who provides illegal weapons and instructions on their use in a crime
D)a librarian who responds to the principal's request for a book on how to make a bomb
Question
What state of mens rea would you assign to the following criminal acts under the Model Penal Code?
a.A and B quarrel,A goes home and gets his gun,returns,and shoots and kills B.
b.A is on the porch cleaning his gun;it discharges and kills his neighbor,B.
c.A and B quarrel.In the middle of the scuffle,A pulls out a pistol and points it at B.The gun discharges and kills B.
d.A is on the back porch practicing quick draws with a loaded pistol.B walks by.A's gun discharges,killing B.
Question
Brenda had an opportunity to purchase a large shipment of Tylenol cold medication.This medication had been recalled by the manufacturer,but Brenda knew she could sell it cheaply to a small town pharmacy.Brenda told the pharmacist there that the shipment was not part of the recall and the pharmacist bought the medication.A child died as a result of taking the medication and Brenda has been charged with negligent homicide as a result of the sale of adulterated drugs.This is a strict liability offense in this jurisdiction.What is a strict liability offense? Why do we have strict liability offenses? How will a judge determine whether this falls within the parameters of a strict liability offense?
Question
What are two criticisms of possession crimes?
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Deck 3: Components of a Crime
1
Not every crime includes a guilty state of mind.
True
2
Association with the principal and presence at the crime scene are not enough to establish guilt as an accomplice.
True
3
Intent is apparent only through the confession of the accused.
False
4
Corporate crime causes more financial damage than all individual property crimes combined.
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5
Transferred intent assesses guilt for an unintended crime committed in the process of an intended crime.
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6
Max has been charged as an accomplice in a bank robbery.Max had been asked by his friend,Nancy,to drive her to First Union Bank as she had some business there.Max,believing he was helping a friend,agreed and picked her up at the agreed time.Max dropped Nancy off and parked a short distance away from the bank entrance.Max casually looked back at the bank and saw Nancy put on a mask and pull a gun out of her purse.Max was shocked,but quickly realized he didn't want to be a part of this crime.He can negate his criminal liability by

A)going into the bank and persuading Nancy to stop the robbery
B)calling the police,reporting the crime and putting a halt to it
C)driving away,withdrawing his help and refusing to further support Nancy's crime
D)doing both a and b
E)doing both a and c
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7
Jane invited Robert to come to her home to watch a movie.While watching Robert decided to get high and used heroin he had brought with him.Within a short time Robert collapsed.Jane did not seek help,but thought Robert would simply "sleep it off." Robert died.Jane can be charged with involuntary manslaughter because of her negligence in failing to get Robert medical attention.
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8
A prior conviction is good evidence of intent to commit a present crime.
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9
It is a crime if a professional who works with children fails to report suspected child abuse to law enforcement or other appropriate authority.
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10
Corporations,as well as individuals,may be charged with obstruction of justice.
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11
An employer may be responsible for the acts of its employee if that employee is carrying out the employer's business.This is known as

A)respondeat superior
B)corporate liability
C)strict responsibility
D)caveat emptor
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12
A sleepwalker who commits a crime may be able to avoid criminal liability by claiming that it was an involuntary act and the law requires that the criminal act be voluntary.
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13
Possession can include knowledge of where an item is and control of that area.
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14
A crime can occur even if no actual harm is done.
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15
George suggests to his friend a game of hide and seek.The friend hides in an abandoned refrigerator,suffocates,and dies.Because the friend would be alive "but for" George's suggestion,George has committed murder.
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16
If a parent fails to provide clothing,food and the basic necessities of life for his/her child,that parent may be held criminally responsible for the harm done to that child.This crime of omission arises by

A)special relationship
B)statute
C)contract
D)volunteering
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Unlock for access to all 43 flashcards in this deck.
Unlock Deck
k this deck
17
The concept of _______________________________________ allows one to be held criminally liable for the harm to a person other than the intended victim.

A)reckless intent
B)wanton intent
C)criminal intent
D)transferred intent
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Unlock for access to all 43 flashcards in this deck.
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k this deck
18
Federal corporate fraud laws are enforced by the

A)local police
B)Secret Service
C)Corporate Fraud Task Force
D)Justice Department
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k this deck
19
Criminal possession laws only address the possession of an unlawful object,such as drugs or weapons.
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k this deck
20
Motive is the reason behind the crime and proves the element of intent.
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21
If nurse Eutha Nasia intends to end the life of B but turns off C's respirator by mistake,under what theory of intent can Nasia be charged with C's murder?

A)general intent
B)specific intent
C)transferred intent
D)premeditation
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k this deck
22
Possession differs from most crimes because

A)no harm is required
B)it is constructive
C)there is little danger of charging innocent people
D)it is actual
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23
An _______________________________ is one who aids and abets the primary actor through encouragement or active involvement in the commission of a crime.
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Unlock Deck
k this deck
24
Affirmative assistance sufficient for complicity can be all except

A)handing the principal a gun,not knowing it is a toy
B)mapping the getaway
C)encouraging the principal to beat up his neighbor
D)not protecting a child in one's care from abuse by a principal
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25
What is an accessory after the fact and what are its for components?
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26
In general,when is the failure to act sufficient actus reus for a crime? Give examples of three different types of criminal omission
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27
Mens rea is

A)a wrongful act
B)a wrongful intent
C)the document used to charge someone with a crime
D)another term for complicity
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k this deck
28
Under the Model Penal Code definition,wanton behavior is

A)less serious than negligence
B)purposeful conduct
C)the most serious form of recklessness
D)not criminalized because it is not purposeful
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29
The term that means "the body of the crime" and is proof that loss or injury occurred as a result of someone's criminal conduct is the _______________ ____________________.
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k this deck
30
___________________________ behavior is the most serious form of reckless behavior and it is characterized by malicious or arrogant disregard of the known risk to the rights or safety of others.
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Unlock Deck
k this deck
31
Actus reus can include all except

A)words
B)omissions
C)status
D)possession
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k this deck
32
In the context of the components of a crime,_________________________ is the logical and consistent connection that must exist between the perpetrator's wrongful intent and wrongful act and between the wrongful intent and the resulting harm.
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Unlock Deck
k this deck
33
What is the definition of general and specific intent and how do these two concept differ?
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34
Actus reus is significant in defining crimes

A)bcause thoughts are not knowable
B)only if mens rea has not been established
C)except when bad thoughts threaten democracy
D)except when bad thoughts threaten religion
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Unlock Deck
k this deck
35
Professionals who work with children are required to report suspected child abuse

A)only by half of the states
B)by only local governments
C)onlly in federal jurisdictions
D)by all states
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Unlock Deck
k this deck
36
What are the four components of a crime,including a definition of each component?
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37
Name the four Model Penal Code levels of mental culpability and give an example of each.
Four Model Penal Code levels are as follows:
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38
The _____________________ _________________ of the injury is the act most closely and directly responsible for that injury.
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39
Motive is

A)the same as intent
B)irrelevant in criminal cases
C)important in sentencing
D)evidence of causation
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k this deck
40
Of the following,who would not be charged as an accomplice?

A)a person who lends affirmative assistance to another in the commission of a crime
B)a getaway driver who did not think his partner in crime was going to pull a gun on the store clerk
C)a dealer who provides illegal weapons and instructions on their use in a crime
D)a librarian who responds to the principal's request for a book on how to make a bomb
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Unlock Deck
k this deck
41
What state of mens rea would you assign to the following criminal acts under the Model Penal Code?
a.A and B quarrel,A goes home and gets his gun,returns,and shoots and kills B.
b.A is on the porch cleaning his gun;it discharges and kills his neighbor,B.
c.A and B quarrel.In the middle of the scuffle,A pulls out a pistol and points it at B.The gun discharges and kills B.
d.A is on the back porch practicing quick draws with a loaded pistol.B walks by.A's gun discharges,killing B.
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42
Brenda had an opportunity to purchase a large shipment of Tylenol cold medication.This medication had been recalled by the manufacturer,but Brenda knew she could sell it cheaply to a small town pharmacy.Brenda told the pharmacist there that the shipment was not part of the recall and the pharmacist bought the medication.A child died as a result of taking the medication and Brenda has been charged with negligent homicide as a result of the sale of adulterated drugs.This is a strict liability offense in this jurisdiction.What is a strict liability offense? Why do we have strict liability offenses? How will a judge determine whether this falls within the parameters of a strict liability offense?
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43
What are two criticisms of possession crimes?
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