Crim Law Module 1 End of Lecture Questions

FILL IN THE BLANKS. The United States can criminalize conduct engaged in by a United States citizen _________. A state can punish its citizens for criminal conduct ________.

only in the United States, that has some connection with the state

only in the United States, anywhere in the world

anywhere in the world, that has some connection with the state

anywhere in the world, anywhere in the world

anywhere in the world, that has some connection with the state

Under which of the following circumstances can a state NOT prosecute an act?

When the act occurred outside the state and the act constituted an attempt to commit a crime inside the state

When the whole crime is committed outside the state

When only part of the crime occurred inside the state

When there was a conspiracy to commit a crime and an overt act occurred within the state

When the whole crime is committed outside the state

Which of the following statements regarding actus reus is TRUE?

The act requirement may be satisfied by an omission or failure to act.

An evil thought, by itself, is sufficient as the basis for a crime.

A person may be liable for a crime even if the actus reus element has not been satisfied.

An act committed during sleep is considered a voluntary act.

The act requirement may be satisfied by an omission or failure to act.

Which of the following generally CANNOT constitute the actus reus for a crime?

Failure to comply with a statutory duty

An involuntary act

Failure to act when there is a special relationship between the defendant and the victim

Voluntary assumption of a duty of care that is set aside

An involuntary act

Which of the following persons is NOT liable to a victim for failure to act?

A person who created the peril and failed to prevent the victim from being injured by the peril

A person who assumed the duty of care to rescue a victim in peril, but then changes their mind

A bystander who is aware of the victim’s peril

A parent who sees the victim, who is her child, in peril but fails to help the child

A bystander who is aware of the victim’s peril

Which one of the following crimes does NOT require specific intent?

First-degree murder

Inchoate crimes

Arson

Theft offenses

Arson

FILL IN THE BLANKS. A __________ crime occurs when the defendant acted in a __________ disregard of a high risk of harm.

malice; reckless

malice; negligent

specific intent; gross

specific intent; negligent

malice; reckless

Regarding general intent crimes, which of the following is TRUE?

Assault with attempt to commit a battery is a general intent crime.

Acts done purposefully under the Model Penal Code are usually general intent crimes.

Larceny is considered a general intent crime.

General intent crimes require only the intent to perform the act that is unlawful.

General intent crimes require only the intent to perform the act that is unlawful.

Which of the following is a defense to a strict liability crime?

The defendant did not know that she was violating the law.

The defendant did not intend to violate the law.

The defendant’s act was involuntary.

A reasonable person would not have known that he was violating the law.

The defendant’s act was involuntary.

Which of the following statements regarding merger is FALSE?

Larceny may be merged into robbery.

Attempt may be merged into the completed crime.

Solicitation may be merged into the crime solicited.

Conspiracy may be merged into the crime that was conspired.

Conspiracy may be merged into the crime that was conspired.

FILL IN THE BLANK. When a defendant acts with the intent to cause harm to one person and that act directly results in harm to another person, the defendant can be liable for the harm caused under the doctrine of ___________________________.

Double jeopardy

Transferred intent

Merger

Vicarious liability

Transferred intent

At common law, which of the following is FALSE regarding the commission of a crime by a child?

A child under the age of seven was irrebuttably presumed to be incapable of committing a crime.

A child at least 14 years old could be charged with and convicted of committing a crime as an adult.

Children between the ages of 7 to 14 were irrebuttably presumed to be capable of committing crimes.

Children between the ages of 7 to 14 were rebuttably presumed to be incapable of committing crimes.

Children between the ages of 7 to 14 were irrebuttably presumed to be capable of committing crimes.

Regarding accomplice liability, which of the following is TRUE?

A person who is a member of the class protected by a statute cannot be an accomplice.

An accomplice can be liable for any crime that was committed by the principal.

An accomplice cannot be convicted of a crime for which the principal cannot be convicted.

An accomplice who cannot be a principal of a crime cannot be convicted of the crime.

A person who is a member of the class protected by a statute cannot be an accomplice.

A(n) __________ is a person who assists the defendant after the crime has been committed.

Principal

Accomplice

Co-principal

Accessory after the fact

Accessory after the fact

Regarding the mistake of fact defense, which of the following is FALSE?

A mistake of fact is not a defense to a strict liability crime.

A mistake of fact is a defense to a general intent crime, but only if the mistake is reasonable.

A mistake of fact is a defense to a specific intent crime.

A mistake of fact is a defense to a specific intent crime, but only if the mistake is reasonable.

A mistake of fact is a defense to a specific intent crime, but only if the mistake is reasonable.

Which of the following statements regarding mistake of law is FALSE?

Generally, ignorance of the law is not a valid defense.

Mistake of law is a valid defense if the defendant relied on an official interpretation of the law.

Relying on one’s own lawyer’s legal advice will generally give rise to a mistake of law defense.

Mistake of law is a valid defense if a statute defining a malum prohibitum crime was not reasonably made available to the defendant prior to the conduct.

Relying on one’s own lawyer’s legal advice will generally give rise to a mistake of law defense.

FILL IN THE BLANKS. The __________ test requires that a defendant did not know either the nature of his act or that it was wrong. The __________ test requires that a defendant did not have substantial capacity to appreciate the wrongfulness of his act or to conform his conduct to the law.

Model Penal Code, M’Naghten

Model Penal Code, irresistible impulse

M’Naghten, Model Penal Code

M’Naghten, irresistible impulse

M’Naghten, Model Penal Code

Which of the following tests for insanity is also called the “but-for” test for insanity?

Durham rule

M’Naghten test

Model Penal Code test

Irresistible impulse test

Durham rule

Which of the following statements regarding voluntary intoxication is FALSE?

Voluntary intoxication can be a defense to a specific-intent crime, if the intoxication prevents the formation of the required intent.

Voluntary intoxication cannot be a defense when the defendant becomes intoxicated for the purpose of establishing the defense of voluntary intoxication.

Voluntary intoxication is the negligent taking of a substance known to be intoxicating.

Voluntary intoxication is not a defense to strict-liability crimes.

Voluntary intoxication is the negligent taking of a substance known to be intoxicating.

Which of the following statements regarding involuntary intoxication is FALSE?

Involuntary intoxication is a valid defense to specific intent crimes when it negates the necessary mens rea.

Involuntary intoxication is never a valid defense to general intent crimes.

Involuntary intoxication occurs when a person doesn’t realize she’s received an intoxicating substance.

Involuntary intoxication occurs when a person is coerced into ingesting a substance.

Involuntary intoxication is never a valid defense to general intent crimes.

Which of the following is a requirement for conspiracy under many modern conspiracy statutes but not under the common law?

An agreement

An unlawful purpose

Performance of an overt act

The involvement of two or more people

Performance of an overt act

Regarding the agreement required for a conspiracy, which of the following is FALSE?

An agreement may be implicit as well as explicit.

All conspirators must know of, and agree with, each other.

Under the common law, at least two persons had to agree to commit an unlawful act.

Under the Model Penal Code, a person who agrees to a commit an unlawful act with a government agent can be criminally liable for conspiracy even though the agent lacked the subjective intent to agree to commit the unlawful act.

All conspirators must know of, and agree with, each other.

FILL IN THE BLANK. Under the _______________ approach, a person cannot withdraw from a conspiracy after an agreement has been made.

federal

Model Penal Code

federal and Model Penal Code

common law

common law

Which of the following statements is FALSE regarding conspiracy?

A bystander aware of a conspiracy is not considered a co-conspirator.

The overt act to further a conspiracy must be an unlawful act.

If what the conspirators agree to do is not a crime, then there is no conspiracy.

Under the hub-spoke relationship for conspiracy, the spoke members are not liable for the acts of other conspirators.

The overt act to further a conspiracy must be an unlawful act.

Regarding attempt, which of the following is FALSE?

Attempt is a specific intent crime.

Attempt is a malice crime if the targeted crime is a malice crime.

Attempt merges into the completed crime.

Attempt requires taking a substantial step towards perpetrating the crime.

Attempt is a malice crime if the targeted crime is a malice crime.

Which of the following is FALSE regarding solicitation?

Solicitation occurs when a person simply asks another to commit a crime.

Solicitation occurs when a person requests another person to commit a crime.

Solicitation does not require that the person solicited agree to commit the crime.

Solicitation does not merge into the completed offense.

Solicitation does not merge into the completed offense.

FILL IN THE BLANKS. First-degree murder is a __________ crime; common-law murder is a __________ crime.

malice, general intent

malice, specific intent

specific intent, general intent

specific intent, malice

specific intent, malice

Which of the following crimes is NOT a felony on which a felony murder charge can be based?

Rape

Larceny

Kidnapping

Arson

Larceny

Regarding a homicide, which of the following is FALSE?

A homicide is the killing of another human being.

A person is not guilty of homicide if the victim was already dead.

To prove a homicide, the prosecution must only show that the defendant was the actual cause of the victim’s death, not the proximate cause.

A person is not guilty of homicide if he kills himself.

To prove a homicide, the prosecution must only show that the defendant was the actual cause of the victim’s death, not the proximate cause.

For purposes of common-law murder, which of the following is NOT considered malice aforethought?

Intent to inflict bodily injury

Abandoned and malignant (depraved) heart

Intent to kill

Felony murder during the commission of a BARRK felony

Intent to inflict bodily injury

A perpetrator of a felony cannot be held criminally liable for the death of which of the following individuals killed by a police officer while responding to the felony?

Victim of the felony

Bystander

Co-felon

Police officer responding to the felony

Co-felon