Question 1

The most difficult issue for courts is mere possession.

Accepted Answer

A) True 
 B)False

Question 2

What is possession?

Accepted Answer

The answer of What is possession?...

Question 3

A babysitter who agrees to care for children or a lifeguard employed to safeguard swimmers is an example of which of the following?

Accepted Answer

A)  statute 
B)  assumption of a duty 
C)  status 
D)  contract

Question 4

Janice was arrested in a hotel room in which the police found a duffle bag with drug paraphernalia and residue. Janice claimed to be carrying the bag into the hotel room for her friend who arrived shortly thereafter. May Janice be found guilty of possession of a controlled substance despite having no knowledge of the contents in the duffle bag?

Accepted Answer

A)  Yes, most states do not have a knowledge requirement. 
B)  Yes, but only if knowledge can be proven through circumstantial evidence and inferences. 
C)  No, because the police did not witness Janice physically holding the paraphernalia itself. 
D)  No, unless Janice has prior drug-related convictions.

Question 5

Which of the following is an example of a voluntary act?

Accepted Answer

A)  a convulsion 
B)  a reflex 
C)  a habit 
D)  a omission

Question 6

The commentary to Model Penal Code Section 2.01 stresses that a crime requires an act and that individuals may be punished based on a mere ______ or condition.

Accepted Answer

A)  status 
B)  attitude 
C)  thought 
D)  prestige

Question 7

Summarize and discuss the case People v. Kellogg. Compare and contrast this case with Robinson v. California and Powell v. Texas. What were the rulings in each of these cases? Do you agree with the ruling? Why or why not?

Accepted Answer

The answer of Summarize and discuss the case People v....

Question 8

All of the following lead to the omission of a duty EXCEPT ______.

Accepted Answer

A)  acting when a person is in peril 
B)  knowledge that the victim is in peril 
C)  criminal intent 
D)  possession of the capacity to perform the act

Question 9

A criminal act or omission to act is known as ______.

Accepted Answer

A)  actus reus 
B)  mens rea 
C)  actus rea 
D)  mens reus

Question 10

Meech is a known gang member living in a house with several other men from his gang. He was pressured to join the gang and is really the lowest man on the totem pole in terms of hierarchy. Nonetheless, the police raided the house pursuant to a legally issued search warrant. They seized methamphetamines and heroin. Will Meech be convicted of the relevant drug crimes just because he lives in the house?

Accepted Answer

A)  Yes, living in the house where the contraband was found constitutes joint possession. 
B)  No, joint possession requires specific proof that Meech was connected to the drugs. 
C)  Yes, based on these facts the prosecutor can clearly establish mere possession. 
D)  No, mere possession requires physical control.

Question 11

How does the Good Samaritan standard differ from the American bystander rule?

Accepted Answer

The answer of How does the Good Samaritan standard differ...

Question 12

It is a crime to be drunk in public. Homeless people are always in public because they have nowhere else to go. Would it be constitutionally permissible to punish alcoholics who are homeless?

Accepted Answer

A)  Yes, they violated a statute for which the standard is strict liability. 
B)  Yes, providing they were exhibiting the type of disruptive behavior the statute was aimed at preventing. 
C)  No, being alcoholic and homeless are both statuses, which cannot be criminalized. 
D)  No, as a society we aim to not kick people when they are down.

Question 13

When there exists a legal duty to intervene, such as a mother's duty to her child, what types of situation can an individual disregard or be excused from this duty? Provide example(s) to illustrate these situations.

Accepted Answer

The answer of When there exists a legal duty to...

Question 14

Individuals may be punished on a mere condition.

Accepted Answer

A) True 
 B)False

Question 15

What is a status offense? Why are status offenses considered cruel and unusual punishment?

Accepted Answer

The answer of What is a status offense? Why are...

Question 16

An act may be innocent or criminal depending on the context or ______ circumstances.

Accepted Answer

A)  resulting 
B)  actus 
C)  attendant 
D)  intermediate

Question 17

The Good Samaritan standard common in Europe obligates individuals to intervene.

Accepted Answer

A) True 
 B)False

Question 18

The ______ rule obligates an individual to intervene.

Accepted Answer

A)  Good Samaritan 
B)  duty to intervene 
C)  omission 
D)  European bystander rule

Question 19

Briefly compare and contrast the concepts of constructive and joint possession against actual (regular) possession. State why you believe constructive and joint possession should or should not be permissible as legal offenses.

Accepted Answer

The answer of Briefly compare and contrast the concepts of...

Question 20

All of the following are considered conditions in which a person must intervene EXCEPT ______.

Accepted Answer

A)  status 
B)  contract 
C)  statute 
D)  morals

Exam 4: Actus Reus

The most difficult issue for courts is mere possession.

What is possession?

A babysitter who agrees to care for children or a lifeguard employed to safeguard swimmers is an example of which of the following?

Which of the following is an example of a voluntary act?

The commentary to Model Penal Code Section 2.01 stresses that a crime requires an act and that individuals may be punished based on a mere ______ or condition.

Summarize and discuss the case People v. Kellogg. Compare and contrast this case with Robinson v. California and Powell v. Texas. What were the rulings in each of these cases? Do you agree with the ruling? Why or why not?

All of the following lead to the omission of a duty EXCEPT ______.

A criminal act or omission to act is known as ______.

How does the Good Samaritan standard differ from the American bystander rule?

It is a crime to be drunk in public. Homeless people are always in public because they have nowhere else to go. Would it be constitutionally permissible to punish alcoholics who are homeless?

When there exists a legal duty to intervene, such as a mother's duty to her child, what types of situation can an individual disregard or be excused from this duty? Provide example(s) to illustrate these situations.

Individuals may be punished on a mere condition.

What is a status offense? Why are status offenses considered cruel and unusual punishment?

An act may be innocent or criminal depending on the context or ______ circumstances.

The Good Samaritan standard common in Europe obligates individuals to intervene.

The ______ rule obligates an individual to intervene.

Briefly compare and contrast the concepts of constructive and joint possession against actual (regular) possession. State why you believe constructive and joint possession should or should not be permissible as legal offenses.

All of the following are considered conditions in which a person must intervene EXCEPT ______.