Chapter 5 powerpoint pt. 2

Question 1

______ ________ is any offense that does not require intent.

Answer 1

Strict liability

Question 2

Strict liability is any offense that does not require ______.

Answer 2

intent

Question 3

When it comes to _____ ________ only an act is required.

Answer 3

strict liability

Question 4

When it comes to strict liability only an ____ is required.

Answer 4

act

Question 5

True or False: Strict liability offenses posses a danger to a large number of people.

Answer 5

True

Question 6

When it comes to strict liability, the risk of convicting an innocent is outweighed by?

Answer 6

the public interest in preventing social harm.

Question 7

When it comes to strict liability, the public interest in preventing social harm outweighs?

Answer 7

the risk of convicting an innocent

Question 8

True or False: Strict liability punishments are very major.

Answer 8

False; Punishments are relatively minor.

Question 9

True or False: Strict liability convictions can harm defendants’ reputation.

Answer 9

False; Convictions do not harm defendants’ reputation.

Question 10

Strict liability offenses have their origin in the industrial development of the U.S. in the middle of the ___th century.

Answer 10

19th

Question 11

Strict liability offenses have their origin in the ________ __________ of the U.S. in the middle of the 19th century.

Answer 11

industrial development

Question 12

_____ _______ offenses have their origin in the industrial development of the U.S. in the middle of the 19th century.

Answer 12

Strict liability

Question 13

What are was the goal of public welfare offenses?

Answer 13

They were intended to protect society against impure food, defective drugs, pollution, and unsafe working conditions, trucks, and railroads.

Question 14

Strict liability distinguishes between _____ _________ (an act is wrong because it is prohibited) offenses and _____ ___ ___ offenses se (inherently wrongful, such as rape, robbery, and murder).

Answer 14

mala prohibita

mala in se

Question 15

What happened in the State v. Walker case?

Answer 15

Defendant Walker was convicted of breaking and entering a corncrib belonging to Noadiah Woodruff and Robert Peeples, to secret away corn in April or My 1878.

Question 16

__________ must be proved beyond a reasonable doubt.

Answer 16

Concurrence

Question 17

Concurrence must be proved _______ __ _________ ______.

Answer 17

beyond a reasonable doubt

Question 18

__________ is the link required between the criminal act and intent.

Answer 18

Concurrence

Question 19

Concurrence is the link required between the criminal ____ and ______.

Answer 19

intent

Question 20

What is chronological concurrence?

Answer 20

Chronological concurrence – criminal intent must exist at the same time as a criminal act

Question 21

Causation is important to ensure individual ___________, and to ensure fairness of ___________.

Answer 21

responsibility

punishment

Question 22

_________ is important to ensure individual responsibility,

and to ensure ________ of punishment.

Answer 22

Causation

fairness

Question 23

In order to prove causation the criminal act must cause a particular _____ or ______.

Answer 23

harm

result

Question 24

In order to prove _________ the criminal act must cause a particular harm or result.

Answer 24

causation

Question 25

________ must be proved beyond a reasonable doubt.

Answer 25

Causation

Question 26

Causation must be proved _______ __ _________ _____.

Answer 26

beyond a reasonable doubt.

Question 27

What happened in State v. Rose?

Answer 27

• The Defendant, Henry Rose, was charged with manslaughter after he struck the victim, David J. McEnery, with his car and drove away with the victim wedged underneath the automobile
• The state would have to prove that the victim was still alive when the Defendant improperly drove away and that the Defendant’s now-negligent actions in fleeing the scene caused the victim’s death.
• The evidence did not conclusively prove when death occurred. Therefore, the Defendant cannot be liable for death.

Question 28

Intervening causes of harm may remove responsibility from the defendant in which two kind of acts?

Answer 28

(1) coincidental intervening acts

(2) responsive intervening acts

Question 29

What is the difference between Coincidental Intervening Acts and Responsive Intervening Acts?

Answer 29

(1) Coincidental Intervening Acts-A defendant is not considered legally responsible for a victim’s injury or death that results from an unforeseeable coincidental intervening act
(2) Responsive Intervening Acts- Based on the foreseeability of a victim’s response to a perpetrator’s act; A defendant is liable for foreseeable responsive intervening acts

Question 30

_________ _______ – outside factors that causes a victim’s death.

Answer 30

Intervening causes

Question 31

What are the two type of acts in determining intervening causes?

Answer 31

(1) Coincidental Intervening Acts

(2) Responsive Intervening Acts

Question 32

__________ ________ ____ aka independent intervening cause; and Responsive Intervening Acts aka dependent intervening act.

Answer 32

Coincidental Intervening Acts

Question 33

Coincidental Intervening Acts aka independent intervening cause; and __________ __________ ____ aka dependent intervening act.

Answer 33

Responsive Intervening Acts

Question 34

Coincidental Intervening Acts aka __________ _________ ______; and Responsive Intervening Acts aka dependent intervening act.

Answer 34

independent intervening cause

Question 35

Coincidental Intervening Acts aka independent intervening cause; and Responsive Intervening Acts aka __________ _________ ____.

Answer 35

dependent intervening act

Question 36

________= cause in fact + legal or proximate cause

Answer 36

Causality

Question 37

Causality= ______ __ ____ + legal or proximate cause

Answer 37

cause in fact

Question 38

Causality= cause in fact + ______ ___ ________ _____

Answer 38

legal or proximate cause

Question 39

______ ___ _________ cause- whether just or fair to hold the defendant criminally responsible.

Answer 39

Legal or proximate cause