Chapter 4 powerpoint pt. 1

Question 1

______ _____ is the criminal act (or failure to act) required for a crime to occur.

Answer 1

Actus reus

Question 2

Actus reus + ____ ____= composition of crime

Answer 2

mens rea

Question 3

______ _____ + mens rea= composition of crime

Answer 3

Actus reus

Question 4

What are the three components of actus reus?

Answer 4

(1) a voluntary act
(2) that causes
(3) a social harm condemned under a criminal statute

Question 5

For ______ ______, the act must be the actual cause of the harm.

Answer 5

result crimes

Question 6

For result crimes, the act must be the ______ ______ of the harm.

Answer 6

actual cause

Question 7

Criminal law punishes voluntary ____ and does not penalize ________.

Answer 7

acts

thoughts

Question 8

_______ ____ punishes voluntary acts and does not penalize thoughts.

Answer 8

Criminal law

Question 9

What type of acts are punished criminally?

Answer 9

Acts that create harm of potential for harm

Question 10

True or False: There is a clear defined way to distinguish between criminal thoughts that reflect momentary angry and serious consideration of criminal conduct.

Answer 10

False; It is difficult to distinguish between criminal thoughts that reflect momentary anger, frustration, or fantasy, and thoughts involving the serious consideration of criminal conduct

Question 11

True or False: Individuals who involuntarily engage in criminal conduct must still be deterred, incapacitated, or rehabilitated.

Answer 11

False; There is no need to deter, incapacitate, or rehabilitate individuals

Question 12

Involuntary acts covered under the Model Penal Code include?

Answer 12

(1) A reflex or convulsion
(2) Bodily movement during unconsciousness or sleep
(3) Conduct during hypnosis resulting from hypnotic suggestion
(4) A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

Question 13

______ ______ _____ requires that the guilt of a defendant should be based on conduct that includes a voluntary act or omission.

Answer 13

Model Penal Code

Question 14

Model Penal Code requires that the guilt of a defendant should be based on conduct that includes a _________ ____ or ________.

Answer 14

voluntary act

omission

Question 15

The ______ ______ _____ avoids the difficulties involved in defining voluntary conduct and, instead, lists the type of conditions that are not voluntary.

Answer 15

Model Penal Code

Question 16

What did the U.S. Supreme Court rule as laws that were unconstitutional in the fact that they punish a status?

Answer 16

(1) one such law would punish the status of being a drug addict
(2) such a law would be cruel and unusual
(3) such laws would violate the 8th and 14th Amendments to the Constitution

Question 17

What happened in the Robinson v. California case?

Answer 17

Robinson v. California established that it is unjust to convict the defendant based on his status as a narcotic addict.

Question 18

What happened in the Powell v. Texas case?

Answer 18

defendant was found guilty not because of Powell’s status as a homeless person, but for his voluntary public behavior

Question 19

What happened in the People v. Kellogg case?

Answer 19

A homeless man was charged with public drunkenness.Kellogg says he was discriminated due to his homeless status, but this is refuted by the fact Kellogg could have chosen to drink at that time/place.

Question 20

An omission is a failure to ____ or a “_______ ____”.

Answer 20

act

negative act

Question 21

An ________ is a failure to act or a “negative act”.

Answer 21

omission

Question 22

True or False: Without a special responsibility, individuals do not have a legal obligation to assist bystanders

Answer 22

True

Question 23

To be convicted of a crime of omission, the prosecution must do what?

Answer 23

(1) show that the defendant possessed knowledge of the peril
(2) failed to act
(3) their failure caused the harm.

Question 24

What are Good Samaritan Laws?

Answer 24

• citizens are required to provide reasonable medical assistance to one in need
• such citizens are kept safe from civil liability, assuming that they did not act in a grossly negligent manner

Question 25

Why is there no legal duty to act in the United States?

Answer 25

(1) Individuals intervening may be placed in jeopardy
(2) Bystanders may misperceive a situation, unnecessarily interfere, and create needless complications
(3) Individuals may lack the physical capacity and expertise to subdue an assailant or to rescue a hostage and place themselves in danger
(4) The circumstances under which individuals should intervene and the acts required to satisfy the obligation to assist another would be difficult to clearly define
(5) Criminal prosecutions for a failure to intervene would burden the criminal justice system
(6) Individuals in a capitalist society are responsible for their own welfare and should not expect assistance from others
(7) Most people will assist others out of a sense of moral responsibility, and there is no need for the law to require intervention

Question 26

What factors lead to an omission of a duty?

Answer 26

(1) failure to act
(2) status, statute, contract, assume a duty, peril, control, landowner
(3) knowledge that the victim in peril
(4) criminal intent
(5) possession of the capacity to perform the act
(6) wouldn’t be placed in danger

Question 27

True or False: Basic rule in the United States is that an individual is not legally required to assist a person who is in peril.

Answer 27

True

Question 28

The principle of not being legally required to assist a person in peril in the U.S. was established by the _______ v. _________ case

Answer 28

People v. Beardsley

Question 29

The People v. Beardsley occurred what year?

Answer 29

1907

Question 30

This so-called _________ _________ rule contrasts with the European bystander rule common in Europe that obligates individuals to intervene.

Answer 30

American bystander

Question 31

This so-called American bystander rule contrasts with the __________ __________ rule common in Europe that obligates individuals to intervene.

Answer 31

European bystander

Question 32

The duty to intervene what are the relationships/responisbilities?

Answer 32

(1) Status between two people (parents, spouse)
(2) Duty to intervene
(3) Contractual obligation (babysitter)
(4) Assumption of duty
(5) Creator of peril
(6) Direct duty of care (employees, military)
(7) On the land of a property owner