Chapter 4 powerpoint pt. 2

Question 1

Primary requirement for intervention is that a duty must be recognized under either the _______ ____ or a _______.

Answer 1

common law

statute

Question 2

_______-The common law recognized that individuals possess an obligation to assist their child.

Answer 2

status

Question 3

_________-Imposes a duty of care. This may be a criminal statute requiring that a doctor report child abuse or a statute that sets forth the obligations of parents.

Answer 3

statute

Question 4

________-An obligation may be created by an agreement.

Answer 4

contract

Question 5

___________ __ _ ____-An individual who voluntarily intervenes to assist another is charged with a duty of care.

Answer 5

Assumption of a Duty

Question 6

________ __ _____-An individual who intentionally or negligently places another in danger has a duty of rescue.

Answer 6

Creation of Peril

Question 7

________-An individual has a duty to direct and to care for those under his or her supervision and command, including employees or members of the military.

Answer 7

control

Question 8

________ _______ owe a duty of care to those invited onto their land.

Answer 8

Property owners

Question 9

In addition to establishing a duty, the prosecutor must demonstrate a number of other facts ______ __ _________ _____.

Answer 9

beyond a reasonable doubt

Question 10

What are the factors that establish proof beyond a reasonable doubt to intervene?

Answer 10

(1) Possession of Knowledge of the Peril
(2) Acted With the Required Intent
(3) Caused the Harm to the Victim
(4) Individuals aren’t expected to accomplish the impossible

Question 11

Possession is a __________ offense.

Answer 11

preparatory

Question 12

_________ is a preparatory offense.

Answer 12

Possession

Question 13

Possession is the ability to exercise ________ and ______ over an object.

Answer 13

dominion

control

Question 14

__________ is the ability to exercise dominion and control over an object.

Answer 14

Possession

Question 15

List the different types of possession.

Answer 15

(1) actual possession
(2) constructive possession
(3) joint possession
(4) knowing possession
(5) mere possession
(6) fleeting possession

Question 16

Which type of possession is this: drugs and other contraband within an individual’s physical possession or immediate reach?

Answer 16

actual possession

Question 17

Which type of possession is this: outside of an individual’s actual physical control but over which he or she exercises control through access to the location?

Answer 17

constructive possession

Question 18

Which type of possession is this: when a number of individuals exercise control over contraband?

Answer 18

joint possession

Question 19

Which type of possession is this: awareness that he or she is in possession of contraband?

Answer 19

knowing possession

Question 20

Which type of possession is this: physical control without actual awareness of contraband?

Answer 20

mere possession

Question 21

Which type of possession is this: a limited exception that permits an innocent individual to momentarily possess and dispose of an illegal object?

Answer 21

fleeting possession

Question 22

In general there is a ________ __________ _________, whereby in the manifest interest of justice you may not be held liable.

Answer 22

fleeting possession exception

Question 23

What is an example of the fleeting possession exception?

Answer 23

Your friend overdoses on drugs and you threw their drugs away

Question 24

What happened in the State v. Field case?

Answer 24

14yr old kills father, suffers PTSD, is later acquitted.
Latter kills sisters’ boyfriend with no recollection of the crime.
Has liable defense, no actus reus. Again acquitted.

Question 25

What happened in the Jones . U.S. case?

Answer 25

• Defendant was found guilty of involuntary manslaughter of his friend’s 10 month old baby where he failed to provide for the child and such failure resulted in the child’s death.
• Defendant was charged and convicted with involuntary manslaughter based on failure to provide.
• Appellate court found jury wasn’t instructed to find proof beyond a reasonable doubt