Deck 2: Elements of a Crime

Question 1

The term actus reus is related to conduct as the term mens rea is related to:

A)attendant circumstances.
B)culpable mental state.
C)causation.
D)harm.

Answer 1

B

Question 2

An offense which punishes the individual for being something rather than doing something is known as a:

A)victimless crime.
B)de facto crime.
C)punitive crime.
D)status offense.

Answer 2

D

Question 3

If an offender is aware of but consciously disregards a substantial and unjustifiable risk that a result will occur,the offender has acted with the culpable mental state of:

A)intent.
B)knowledge.
C)recklessness.
D)criminal negligence.

Answer 3

C

Question 4

Suppose John,a previously convicted felon,assaults his neighbor Juanita,a recent immigrant from Honduras,by threatening to cut her with a razor.Upon conviction for aggravated assault,the sentence John receives could be increased beyond the statutory norm if the court determines:

A)he used a deadly weapon.
B)he has a prior felony conviction.
C)his conduct constituted a hate crime.
D)all of the above are possible reasons for a sentence to be increased.

Question 5

If an offender is aware that her conduct is reasonably certain to cause a result,the offender has acted with the culpable mental state of:

A)intent.
B)knowledge.
C)recklessness.
D)criminal negligence.

Question 6

Assume the City of El Paso enacts a curfew ordinance declaring it unlawful for an unaccompanied minor to remain in a public place after 11:00 P.M.The three elements of the offense that limit its application to minors,in public places,after 11:00 P.M.are examples of:

A)behavioral circumstances.
B)attendant circumstances.
C)status circumstances.
D)extenuating circumstances.

Question 7

The most common attendant circumstance that determines whether behavior is an offense is:

A)the location of the offense.
B)the age of the victim of the offense.
C)the time of day the offense occurs.
D)the motive for the offense.

Question 8

Joe purposely sets fire to Bill's house.The wind shifts and the fire spreads to Becky's home,destroying it.As to the destruction of Becky's house,Joe:

A)has no criminal responsibility because he did not intend to destroy Becky's house.
B)is criminally responsible because of the Pinkerton Rule.
C)is criminally responsible because of the doctrine of primogeniture.
D)is criminally responsible because of the doctrine of transferred intent.

Question 9

Which of the following is one of the six traditional factors that are contained within all crimes?

A)malice
B)motive
C)blame
D)penalty

Question 10

Under the Texas Penal Code,a person who fails to act under particular circumstances commits a criminal offense only if:

A)he could have acted without potential harm to himself.
B)an existing law required him to act under those circumstances.
C)his failure to act results in personal injury or death to another.
D)the reasonable man would have acted under the same or similar circumstances.

Question 11

George learns that Randy has been secretly having sexual relations with his wife Kate.George grabs his pistol,gets in his car,and drives to Randy's house intending to shoot Randy.Randy,who is sitting on his front porch,sees George exit his car with pistol in hand.Fearing the worst,Randy jumps off the porch in an effort to escape.However,Randy hits the ground awkwardly and breaks his ankle.Meanwhile,George,seeing Randy writhing in pain,changes his mind and returns home.In this instance:

A)George has criminal responsibility for Randy's injury because his motive was to hurt or kill Randy.
B)George is criminally responsible for Randy's injury because but for George's conduct,Randy would not have broken his ankle.
C)George is not criminally responsible for Randy's injury because an intervening cause (jumping from the porch),not George's conduct,produced the injury.
D)George is criminally responsible for Randy's injury due to the doctrine of transferred intent.

Question 12

Which of the following is an element that must be proven in every criminal offense?

A)intent
B)causation
C)injury
D)motive

Question 13

Assume Adam purposefully fires a pistol at Baker.The bullet misses Baker but strikes and kills Charlie,an innocent bystander.At his trial for murdering Charlie,Adam argues that he is not guilty because he did not intend to shoot Charlie; he was trying to kill Baker.Which of the following is the most likely outcome of this situation?

A)Adam will be found not guilty of murdering Charlie because he lacked the necessary culpable mental state.
B)Adam will be found guilty of recklessly killing Charlie because he was aware that the shot might miss Baker.
C)Adam will be found guilty of murdering Charlie due to application of the doctrine of transferred intent.
D)Adam will be found not guilty of murdering Charlie but will be found guilty of attempting to murder Baker.

Question 14

Roger is late for work.As he approaches an intersection in his car he observes that the traffic signal is red.Not seeing any other cars,Roger decides to proceed through the intersection without stopping.As he enters the intersection,Terry,riding a motorcycle,comes over the hill into the intersection and strikes the side of Roger's automobile.Terry is thrown from the motorcycle and seriously injured.Under these facts it would be accurate to say that Roger:

A)has no criminal responsibility because Terry hit him; he did not hit Terry.
B)was acting recklessly when he ran the red signal.
C)knowingly caused Terry's injuries as he should have anticipated cross-traffic.
D)is responsible for Terry's injuries due to the doctrine of transferred intent.

Question 15

When an individual has dominion over an object without the item being in his or her actual presence,this is known in the law as:

A)collateral possession.
B)constructive possession.
C)simulated possession.
D)reactive possession.

Question 16

Which of the following is an element that must be proven in every criminal offense?

A)conduct
B)intent
C)motive
D)malice

Question 17

Lawful conduct may become unlawful conduct simply because of:

A)when the conduct occurs.
B)where the conduct occurs.
C)who engages in the conduct.
D)any of the above depending on the specifics of the statute.

Question 18

In addition to a possible fine,the penalty for commission of a first degree felony in Texas is incarceration in the state prison for a term of years between:

A)2 and 20.
B)5 and 99.
C)3 and 5.
D)2 and 10.

Question 19

In Texas,the penalty category with the most serious punishment is called a:

A)Class Z felony.
B)First degree felony.
C)Capital felony.
D)XXX felony.

Question 20

The minimum term of imprisonment for a felony conviction in Texas is:

A)180 days.
B)2 years.
C)5 years.
D)366 days.

Question 21

Texas law uses the "when and where" test of causation in criminal prosecutions.

Question 22

For a crime to occur,a time-based connection must exist between the conduct element and the culpable mental state.

Question 23

For conduct to be considered a crime,a penalty must be affixed.

Question 24

An accused is criminally responsible if the harmful result would not have occurred but for his conduct.

Question 25

An accused may be held criminally responsible even if his victim's resultant injuries are more serious than the accused intended.

Question 26

An omission to act is a crime only if a reasonable person under same or similar circumstance would have acted.

Question 27

A criminal defendant convicted of a Class A misdemeanor could receive a longer sentence of incarceration than she would have received if convicted of a state jail felony.

Question 28

Some conduct may constitute a crime only when it occurs at a particular time of day.

Question 29

The doctrine of transferred intent is used by courts to determine whether an accused is eligible for probation after conviction.

Question 30

With limited exceptions,motive - the "why" a crime occurs - is NOT an element of a criminal offense that needs to be proven.

Question 31

The culpable mental state known as criminal negligence is identical to the standard used for proving negligence in a civil lawsuit.

Question 32

Under Texas law,a person convicted of a Class A or Class B misdemeanor may be sentenced to either jail time or a monetary fine or both penalties.

Question 33

In cases where the statute fails to mention a culpable mental state,unless the definition of the offense plainly dispenses with a culpable mental state,proof of at least recklessness must be established in order to convict the accused.

Question 34

"Concurrence" is the legal term used to describe the necessary time-based linkage of the mens rea and the actus reus of a crime.

Question 35

The "but for" test is used by Texas courts to determine whether a convicted criminal defendant will receive the death penalty or life without parole.

Question 36

"Transferred intent" is a necessary element of proof in every criminal homicide prosecution.

Question 37

Under modern criminal law,the term "mens rea" is a synonym for "intent."

Question 38

Behavior may or may not constitute a crime depending solely on the location where it occurs.

Question 39

American criminal law punishes only voluntary conduct.

Question 40

The most common form of conduct subject to criminal liability is an affirmative act by the offender.

Question 41

If John intends to kill Marsha by poisoning her wine but Wanda inadvertently drinks the poison beverage and dies,John is still responsible for Wanda's death because of the doctrine of __(two words)____.

Question 42

If a statute criminalizes conduct only if it occurs in a public place or within public view,this limitation would be considered to be an ______________ circumstance.

Question 43

The Latin term actus reus refers to the __________ element of an offense.

Question 44

A factor that limits the application of a criminal law to a particular time,place,or person is known as an ______________ circumstance.

Question 45

The three forms of conduct that are criminalized under Texas law are acts,omissions to act,and __________.

Question 46

The Common Law tradition holds that all crimes contain the structural elements of _________,culpable mental state,concurrence,causation,required result,and penalty.

Question 47

Criminal possession of contraband may take either of two forms,actual possession or ___________ possession.

Question 48

A convicted criminal defendant who receives a sentence of one year in the county jail has been convicted of a Class ____ misdemeanor.

Question 49

The Common Law tradition holds that all crimes contain the structural elements of conduct,culpable mental state,concurrence,_________,required result,and penalty.

Question 50

If an individual makes the conscious decision to engage in risky behavior,the law views his conduct as falling under the culpable mental state of ________________.

Question 51

To determine the cause-in-fact in a criminal prosecution,Texas uses the __(two words)___ test.

Question 52

The various components that make up a criminal offense are known as the _________ of the crime.

Question 53

The Texas Penal Code classifies most criminal offenses into one of ______ penalty classifications ranging from a Class C misdemeanor to a capital felony.

Question 54

The four forms of culpable mental state recognized under Texas law are intent,__________,recklessness,and criminal negligence.

Question 55

The four forms of culpable mental state recognized under Texas law are intent,knowledge,recklessness,and ____________.

Question 56

Offenses committed with the culpable mental state of __________ are generally viewed as the most serious in society.

Question 57

The word "concurrence" as an element of a criminal offense refers to the relationship in _______ between the conduct and the culpable mental state.

Question 58

The temporal connection between the culpable mental state and the conduct element of a criminal offense is called _________.

Question 59

Consensual sexual intercourse with a person under age 17 constitutes the crime of sexual assault of a child.Consensual sexual intercourse with a person 17 or older is not an offense.In this situation,it would be correct to say that the age of the victim is an ______________ circumstance of the elements of the offense.

Question 60

Under Texas law,for an individual to be guilty of an offense based on the individual's failure to take action,the state must prove the existence of a legal _________ to act.

Question 61

Identify and briefly explain the four culpable mental states used in Texas criminal law.

Question 62

Which element of an offense - the culpable mental state,the conduct,or the resultant harm - is most important to you in determining an offender's penalty? Does your answer differ if the offense is a crime against the person? A crime against property?

Question 63

Should harm caused by criminal negligence best be left to civil court remedies instead of the criminal sanction?

Question 64

Explain the concept of attendant circumstances as used as an element of a crime.

Question 65

Explain the concept of the doctrine of transferred intent.How does the doctrine apply in Texas?

Question 66

Does the Texas penalty structure provide too much discretion to the judge and jury in sentencing a criminal offender?