Ch 3&4

Question 1

What is the name given to “conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests?”

Answer 1

A crime

Question 2

Criminal liability is defined as criminal conduct that qualifies for criminal ____________?

Answer 2

Punishment

Question 3

. The idea that a crime requires action is called?

Answer 3

Manifest criminality

Question 4

We call crimes requiring a criminal act triggered by criminal intent what?

Answer 4

Actus-reus/ conduct crimes

Question 5

The name given to all types of unconscious bodily movements is called what?

Answer 5

Automatism/involuntary movements

Question 6

The character or condition of a person or a thing is known as its?

Answer 6

Status

Question 7

Which doctrine imposes a legal duty to help or call for help for imperiled strangers?

Answer 7

Good Samaritan Doctrine

Question 8

Which type of possession is it when one has physical control of banned items?

Answer 8

Actual possession

Question 9

When you possess something you don’t know you possess, it is called?

Answer 9

Mere possession

Question 10

What are the four types of culpability in the Model Penal Code (MPC)?​

Answer 10

purposely, knowingly, recklessly or negligently

Question 11

In the absence of a confession, intent must generally be proven by what evidence?

Answer 11

Circumstantial evidence

Question 12

Legal (“proximate”) cause is a subjective question of fairness that appeals to the jury’s sense of?

Answer 12

Justice

Question 13

Proving criminal intent is difficult and usually relies upon inferences made from actions and?

Answer 13

Attendant circumstances

Question 14

In strict liability cases, the prosecution has to prove only that defendants committed a what?

Answer 14

voluntary criminal act that caused harm.

Question 15

Mistake is a defense whenever the mistake prevents the formation of any fault-based?

Answer 15

Mental attitude

Question 16

The objective determination that the defendant’s act triggered a chain of events that ended as the bad result is called th

Answer 16

Objective causation

Question 17

The cause that either interrupts a chain of events or substantially contributes to a result is called the?

Answer 17

Intervening cause

Question 18

What is the only direct evidence of a defendant’s mens rea?

Answer 18

A confession

Question 19

In the Model Penal Code, the most blameworthy state of mind is?

Answer 19

Purposely

Question 20

Conscious risk creation involves the level of culpability called?

Answer 20

Criminal negligence

Question 21

Liability without fault, or in the absence of mens rea, is called?

Answer 21

Strict liability

Question 22

Factual cause is also known as?

Answer 22

Actual cause

Question 23

What kind of cause occurs after the defendant’s act and before the harm?

Answer 23

Intervening cause

Question 24

Specific intent applies only to what type of crimes?​

Answer 24

assault, burglary, embezzlement, and forgery.

Question 25

Bill is leaving work when a co-worker asks him to drop off a package at the post office on his way home. The co-worker explains that he must work late and can’t get to the post office before it closes. Bill stops at the post office and is met by police officers with drug-sniffing canines who discover the package his co-worker gave him contains cocaine.

26. Bill is guilty of what kind of possession?
27. Bill would not be guilty of a crime in most states, because most states require what type of possession?

Answer 25

26.

27. Knowing possession

Question 26

Julio is sleeping on the couch in his living room when his wife arrives home from work. He is having a nightmare in which a man is trying to kill him. His wife bends towards him on the couch to give him a hug and a kiss. Julio strangles his wife thinking she is the man in the dream.

28. What kind of defense would Julio’s lawyer most likely use at trial?
29. Julio is not guilty because of what missing element?
30. Julio’s behavior during his dream is also known as

Question 27

Stephanie asks her friend Ahmad to accompany her to her ex-boyfriend Tom’s home so that she may gather some of her belongings. Ahmad does not like Tom and decides to teach him a lesson. He follows Stephanie inside and stabs Tom with a knife.

31. The connection between Ahmad’s intention to stab Tom and the criminal act of stabbing him is an example of
32. Which of the mental states identified in the Model Penal Code best applies to Ahmad?

Question 28

Amelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of money. As Amelia is driving she sees her sister walking down the street. Amelia makes the decision to run her over with the car. She swerves off the road and runs her sister over and kills her.

33. What is Amelia’s motive for the murder of her sister?​
34. What state of mind best describes Amelia during her crime?​

Question 29

Terrance is showing Manuel his gun collection. Manuel has never before handled a gun. He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is unloaded. Terrance replies that he never puts ammunition in his guns except at the gun range where he goes to practice. Manuel points the gun out the window of the house and pulls the trigger. The gun fires, and a woman walking by on the sidewalk is shot and killed.

35. At his trial, what defense is Manuel likely to use?