Description
Criminal Law 12th Edition by Joel Samaha – Test Bank
Sample Questions
Instant Download With Answers
| Chapter_2_Constitutional_Limits_on_Criminal_Law
True / False |
| 1. There is no contention surrounding departures from sentencing guidelines.
| ANSWER: |
False |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 2. Expost facto laws are forbidden by the Constitution.
| ANSWER: |
True |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 3. Retroactive criminal laws undermine the “central values” of free societies.
| ANSWER: |
True |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
|
| 4. Barbaric punishments are punishments that are no longer considered acceptable in a civilized society.
| ANSWER: |
True |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| 5. The First Amendment protects only written or spoken words.
| ANSWER: |
False |
| REFERENCES: |
The Bill of Rights and Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 6. Fighting words are not protected by the First Amendment.
| ANSWER: |
True |
| REFERENCES: |
The Bill of Rights and Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 7. Laws that are overly broad in their reach might have a chilling effect on the exercise of freedom of expression.
| ANSWER: |
True |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 8. There is no Constitutional right to privacy.
| ANSWER: |
False |
| REFERENCES: |
The Bill of Rights and the Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 9. District of Columbia v. Heller (2008) is the first successful Second Amendment challenge in the Court’s history.
| ANSWER: |
True |
| REFERENCES: |
The Bill of Rights and the Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 10. Apprendi v. New Jersey (2000) struck down a New Jersey statute authorizing judges to increase a maximum sentence based on facts that the judge found to be true by a preponderance of the evidence, but not proof beyond a reasonable doubt.
| ANSWER: |
True |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 11. The ban on retroactive criminal lawmaking prevents officials from punishing conduct they think is wrong but which no existing criminal law prohibits.
| ANSWER: |
True |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 12. The Eighth Amendment requires that punishments be proportional to the crime.
| ANSWER: |
True |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| 13. The death penalty is always a violation of the Eighth Amendment.
| ANSWER: |
False |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 14. Most state constitutions include a ban on retroactive statutes.
| ANSWER: |
True |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 15. In Coker v. Georgia (1977), the Supreme Court allowed the death sentence for the crime of rape of an adult.
| ANSWER: |
False |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| 16. The Supreme Court has ruled that the death sentence is unconstitutional for the crime of the rape of a child.
| ANSWER: |
True |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| 17. In Atkins v. Virginia (2002), the U.S. Supreme Court ruled that executing mentally retarded persons violated the ban on cruel and unusual punishment.
| ANSWER: |
True |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| 18. The right to a jury trial also guarantees that no increase in sentencing can occur without the finding of all relevant facts by a jury.
| ANSWER: |
True |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 19. Three-strikes laws have been ruled unconstitutional.
| ANSWER: |
False |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| 20. The U.S. Supreme Court has ruled that vague laws do not violate the guarantees of the U.S. Constitution.
| ANSWER: |
False |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 21. Expost facto laws are included in Article II of the U.S. Constitution.
| ANSWER: |
False |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 22. The ban on ex post facto laws, denial of due process, and equal protection of the laws are broad constitutional limits that cover all of criminal law.
| ANSWER: |
True |
| REFERENCES: |
The Bill of Rights and Criminal the Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 23. The principle of legality is also called “the first principle of criminal law.”
| ANSWER: |
True |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.02 – To understand the principle of legality and the importance of its relationship to the limits of criminal law and punishment. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 24. Article III of the U.S. Constitution bans ex post facto laws.
| ANSWER: |
False |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 25. Vague laws violate the Fifth and Fourteenth Amendments to the constitution.
| ANSWER: |
True |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 26. Vague laws fail to give fair warning to individuals and law enforcement as to what conduct is lawful.
| ANSWER: |
False |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 27. The word “privacy” is found in the U.S. Constitution.
| ANSWER: |
False |
| REFERENCES: |
The Right to Privacy |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.05 – To understand and appreciate the rights defendants enjoy in criminal proceedings, the burden they have to support their affirmative defenses, and the requirement of the prosecution to prove guilt beyond a reasonable doubt. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 28. In addition to speech, the First Amendment also includes expressive conduct.
| ANSWER: |
True |
| REFERENCES: |
The Bill of Rights and the Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 29. According to the U.S. Supreme Court, there are two kinds of cruel and unusual punishments.
| ANSWER: |
True |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| 30. Other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.
| ANSWER: |
True |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
31. The authors of the U.S. Constitution were suspicious of
|
a. |
the rights of individuals. |
|
b. |
the rights of large groups of voters. |
|
c. |
the power of influential leaders. |
|
d. |
the power in the hands of government officials. |
| ANSWER: |
d |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.01 – To understand and appreciate the reasons for the limits on criminal law and criminal punishment in the U.S. constitutional democracy. |
| KEYWORDS: |
Bloom’s: Remember |
|
32. What is the standard used by courts of appeal to determine if a sentence is “inside, just outside, or significantly outside the guidelines range?”
|
a. |
the constitutional standard |
|
b. |
the abuse-of-discretion standard |
|
c. |
the upward departure standard |
|
d. |
the downward departure standard |
| ANSWER: |
b |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
33. According to what principle must there be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?
|
a. |
the principle of legality |
|
b. |
the principle of comity |
|
c. |
the principle of proportionality |
|
d. |
the principle of reciprocity |
| ANSWER: |
a |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.02 – To understand the principle of legality and the importance of its relationship to the limits of criminal law and punishment. |
| KEYWORDS: |
Bloom’s: Remember |
|
34. What is the name of the law that criminalizes an act that was innocent when it was committed?
|
a. |
bill of attainder law |
|
b. |
forfeiture law |
|
c. |
ex post facto law |
|
d. |
bill of particulars |
| ANSWER: |
c |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.02 – To understand the principle of legality and the importance of its relationship to the limits of criminal law and punishment.
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
Bloom’s: Remember |
|
35. What doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws?
|
a. |
proportionality |
|
b. |
void-for-vagueness |
|
c. |
obscenity |
|
d. |
equal protection |
| ANSWER: |
b |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
36. Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
|
a. |
the Fourth and Fifth Amendments |
|
b. |
the Fourth and Fourteenth Amendments |
|
c. |
the Fifth and Fourteenth Amendments |
|
d. |
the Fifth and Fifteenth Amendments |
| ANSWER: |
c |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
37. Which amendment to the Constitution requires that states provide equal protection of the law?
|
a. |
the Ninth Amendment |
|
b. |
the Tenth Amendment |
|
c. |
the Thirteenth Amendment |
|
d. |
the Fourteenth Amendment |
| ANSWER: |
d |
| REFERENCES: |
The Right to Privacy |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
38. Which amendment to the Constitution ensure that people aren’t subject to cruel and unusual punishment?
|
a. |
the First Amendment |
|
b. |
the Fourth Amendment |
|
c. |
the Eighth Amendment |
|
d. |
the Fourteenth Amendment |
| ANSWER: |
c |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights.
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
39. Which of the following rights is a fundamental right but is not named in the Constitution?
|
a. |
the right to bear arms |
|
b. |
the right to free speech |
|
c. |
the right to freedom of religion |
|
d. |
the right to privacy |
| ANSWER: |
d |
| REFERENCES: |
The Right to Privacy |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
|
40. What type of laws fail to give fair warning to individuals and law enforcement as to what conduct is unlawful?
|
a. |
ex post facto laws |
|
b. |
vague laws |
|
c. |
misdemeanor laws |
|
d. |
felony laws |
| ANSWER: |
b |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
41. What rule requires courts to resolve every ambiguity in a criminal statute in favor of the defendant?
|
a. |
the rule of heightened scrutiny |
|
b. |
the rule of strict scrutiny |
|
c. |
the compelling government interest rule |
|
d. |
the rule of lenity |
| ANSWER: |
d |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.05 – To understand and appreciate the rights defendants enjoy in criminal proceedings, the burden they have to support their affirmative defenses, and the requirement of the prosecution to prove guilt beyond a reasonable doubt. |
| KEYWORDS: |
Bloom’s: Remember |
|
42. Which of the following is the highest level of proof?
|
a. |
preponderance of the evidence |
|
b. |
beyond a reasonable doubt |
|
c. |
probable cause |
|
d. |
reasonable suspicion |
| ANSWER: |
b |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.05 – To understand and appreciate the rights defendants enjoy in criminal proceedings, the burden they have to support their affirmative defenses, and the requirement of the prosecution to prove guilt beyond a reasonable doubt. |
| KEYWORDS: |
Bloom’s: Remember |
|
43. Which of the following rights is guaranteed by the Fourth Amendment?
|
a. |
the right to freedom from unreasonable search and seizure |
|
b. |
the right to bear arms |
|
c. |
the right to freedom from cruel and unusual punishment |
|
d. |
the right to free speech |
| ANSWER: |
a |
| REFERENCES: |
The Right to Privacy |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
44. The U.S. Supreme Court took a “hands-off” approach to sentencing procedures until what case?
|
a. |
Apprendi v. New Jersey (2000) |
|
b. |
Blakely v. Washington (2004) |
|
c. |
U.S. v. Booker (2005) |
|
d. |
Gall v. U.S. (2007) |
| ANSWER: |
a |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
45. What name is given to offensive, sexually explicit material that is not protected by the First Amendment?
|
a. |
obscenity |
|
b. |
profanity |
|
c. |
libel |
|
d. |
literature |
| ANSWER: |
a |
| REFERENCES: |
The Bill of Rights and the Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
46. Three-strikes laws are supposed to make sure that offenders who are convicted of a third felony
|
a. |
get locked up for a very long time. |
|
b. |
get locked up for at least 10 years. |
|
c. |
receive the treatment they need. |
|
d. |
are put to death. |
| ANSWER: |
a |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
47. The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
|
a. |
an unacceptable chilling effect |
|
b. |
an unacceptable retracting effect |
|
c. |
an unacceptable facilitating effect |
|
d. |
an unacceptable excoriating effect |
| ANSWER: |
a |
| REFERENCES: |
The Bill of Rights and the Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
48. What are the defenses and justification excuses called?
|
a. |
assertive defenses |
|
b. |
inferential defenses |
|
c. |
congruent defenses |
|
d. |
affirmative defenses |
| ANSWER: |
d |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.05 – To understand and appreciate the rights defendants enjoy in criminal proceedings, the burden they have to support their affirmative defenses, and the requirement of the prosecution to prove guilt beyond a reasonable doubt. |
| KEYWORDS: |
Bloom’s: Remember |
|
49. What is the definition of preponderance of the evidence?
|
a. |
50% |
|
b. |
more than 50% |
|
c. |
75% |
|
d. |
99% |
| ANSWER: |
b |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.05 – To understand and appreciate the rights defendants enjoy in criminal proceedings, the burden they have to support their affirmative defenses, and the requirement of the prosecution to prove guilt beyond a reasonable doubt. |
| KEYWORDS: |
Bloom’s: Remember |
|
50. According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy?
|
a. |
a part of the liberty protected by due process |
|
b. |
a fundamental right |
|
c. |
required by equal protection |
|
d. |
protected by the Eight and Fourteenth Amendments |
| ANSWER: |
b |
| REFERENCES: |
The Right to Privacy |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
51. In Stanley v. Georgia (1969), the Supreme Court struck down a statute which made it a crime for an adult to possess what in their own home?
|
a. |
marijuana |
|
b. |
illegal weapons |
|
c. |
obscene materials |
|
d. |
drug paraphernalia |
| ANSWER: |
c |
| REFERENCES: |
The Right to Privacy |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
52. What rule requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt?
|
a. |
The Booker rule |
|
b. |
The Blakely rule |
|
c. |
The Apprendi rule |
|
d. |
The Gall rule |
| ANSWER: |
c |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
53. In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
|
a. |
Penry v. Lynaugh (1989) |
|
b. |
U.S. v. Booker (2005) |
|
c. |
Roper v. Simmons (2005) |
|
d. |
Atkins v. Virginia (2002) |
| ANSWER: |
b |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
54. Which of the following kind of punishments are prohibited by the Eighth Amendment?
|
a. |
contumacious |
|
b. |
presumptuous |
|
c. |
barbaric |
|
d. |
sumptuous |
| ANSWER: |
c |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
55. Which amendment contains the ban on cruel and unusual punishment?
|
a. |
the Fifth Amendment |
|
b. |
the Sixth Amendment |
|
c. |
the Eighth Amendment |
|
d. |
the Fourteenth Amendment |
| ANSWER: |
c |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
56. In what case did the Supreme Court rule that death by electrocution did not violate the cruel and unusual punishment clause?
|
a. |
In re Kemmler (1890) |
|
b. |
Chambers v. Florida (1940) |
|
c. |
Furman v. Georgia (1972) |
|
d. |
Robinson v. California (1961) |
| ANSWER: |
a |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
57. The idea that the punishment must fit the crime is the Eighth Amendment principle of
|
a. |
aggregation. |
|
b. |
proportionality. |
|
c. |
equivocality. |
|
d. |
equal protection. |
| ANSWER: |
b |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
58. What principle holds that the punishment should fit the crime?
|
a. |
the principle of legality |
|
b. |
the principle of comity |
|
c. |
the principle of proportionality |
|
d. |
the principle of reciprocity |
| ANSWER: |
c |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
59. For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)?
|
a. |
espionage |
|
b. |
treason |
|
c. |
rape of an adult female |
|
d. |
murder |
| ANSWER: |
c |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
60. After U.S. v. Booker (2005), sentencing guidelines became
|
a. |
advisory. |
|
b. |
mandatory. |
|
c. |
unconstitutional. |
|
d. |
applicable. |
| ANSWER: |
a |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
61. In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?
|
a. |
Penry v. Lynaugh (1989) |
|
b. |
Coker v. Georgia (1977) |
|
c. |
Roper v. Simmons (2005) |
|
d. |
Atkins v. Virginia (2002) |
| ANSWER: |
d |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
62. When U.S. Courts of Appeal review sentences, they have to consider whether a sentence is “unreasonable” in light of the guidelines and
|
a. |
the general purposes of sentencing under federal law. |
|
b. |
the Eighth Amendment. |
|
c. |
the special purposes of sentencing under federal law. |
|
d. |
public opinion. |
| ANSWER: |
a |
| REFERENCES: |
The Right to Trial by Jury and Criminal Sentencing |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.08 – To understand the importance of the right to trial by jury in the process of sentencing convicted offenders. |
| KEYWORDS: |
Bloom’s: Remember |
|
63. In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of
|
a. |
rapists. |
|
b. |
the mentally ill. |
|
c. |
offenders who committed their crimes when they were under the age of 18. |
|
d. |
drug dealers. |
| ANSWER: |
c |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
64. What article of the U.S. Constitution bans ex post facto laws?
|
a. |
Article One |
|
b. |
Article Two |
|
c. |
Article Three |
|
d. |
The U.S. Constitution does not ban ex post facto laws |
| ANSWER: |
a |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
KEY: Bloom’s: Remember |
|
65. According to the U.S. Supreme Court, California’s three-strikes law
|
a. |
does not violate the Eighth Amendment. |
|
b. |
violates the Eighth Amendment. |
|
c. |
is constitutional only if applied to defendants who commit very serious felonies. |
|
d. |
is unconstitutional because it is disproportionate. |
| ANSWER: |
a |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
: Bloom’s: Remember |
|
66. Which amendment to the Constitution guarantees the right to bear arms?
|
a. |
the Second Amendment |
|
b. |
the First Amendment |
|
c. |
the Fourth Amendment |
|
d. |
the Eighth Amendment |
| ANSWER: |
a |
| REFERENCES: |
The Bill of Rights and the Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
67. A ban on ex post facto laws seeks to accomplish two major purposes. These purposes include which of the following?
|
a. |
protection and prevention |
|
b. |
prohibition and promiscuity |
|
c. |
proportion and legality |
|
d. |
specificity and proportion |
| ANSWER: |
a |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.03 – To appreciate the nature and importance of retroactive criminal lawmaking. |
| KEYWORDS: |
Bloom’s: Remember |
|
68. What two evils does the void-for-vagueness doctrine address?
|
a. |
lack of fair warning and arbitrary and discriminatory law enforcement |
|
b. |
cruel and unusual punishment |
|
c. |
retroactive and arbitrary punishment |
|
d. |
unfair and unequal punishment |
| ANSWER: |
c |
| REFERENCES: |
The Principle of Legality |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.04 – To know the criteria for identifying vague laws and to understand and appreciate their constitutional significance and consequences. |
| KEYWORDS: |
Bloom’s: Remember |
|
69. There are numerous capital crimes where no one is killed. Which of the following is not one of those crimes?
|
a. |
rape |
|
b. |
treason |
|
c. |
espionage |
|
d. |
kidnapping |
| ANSWER: |
a |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
70. The American Association on Intellectual and Developmental Disabilities includes three elements in its definition of mental retardation. Which one of the following is not one of those elements?
|
a. |
the person has substantial intellectual impairment. |
|
b. |
the impairment of the person impacts their everyday life of the mental retarded individual. |
|
c. |
retardation is present at birth or during childhood. |
|
d. |
the person has an IQ below 80. |
| ANSWER: |
d |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
71. Which of the following categories of expression is not protected by the First Amendment?
|
a. |
obscenity |
|
b. |
libel |
|
c. |
fighting words |
|
d. |
none of these |
| ANSWER: |
a |
| REFERENCES: |
The Bill of Rights and the Criminal Law |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.06 – To know, understand, and appreciate the limits placed on the criminal law and criminal punishment by the specific provisions in the Bill of Rights. |
| KEYWORDS: |
Bloom’s: Remember |
|
72. Most of the debate regarding three-strikes law centers on:
|
a. |
deterrence |
|
b. |
incapacitation |
|
c. |
rehabilitation |
|
d. |
none of these answers is correct |
| ANSWER: |
a |
| REFERENCES: |
The Constitution and Criminal Punishment |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.02.07 – To understand and appreciate the constitutional significance and consequences of the principle of proportionality in criminal punishment and its relation to “cruel and unusual punishment.” |
| KEYWORDS: |
Bloom’s: Remember |
|
| Chapter_4_The_General_Principles_of_Criminal_Liability_Mens_rea_Concurrence_Causation_Ignorance_and_Mistake
True / False |
| 1. In the absence of a confession, mens rea is usually proven by circumstantial evidence.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.03 – To appreciate the complexity of defining and proving mens rea, and to understand the difference between criminal intent and motive. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 2. Courts and statutes never use synonyms for the general intent notion of mens rea.
| ANSWER: |
False |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.05 – To understand the difference between general and specific intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 3. The element of causation applies only to “bad result” crimes.
| ANSWER: |
True |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 4. Mistakes sometimes are called a failure-of-proof defense.
| ANSWER: |
True |
| REFERENCES: |
Failure of Proof “Defenses”: Ignorance and Mistake |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.09 – To understand that ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 5. Mens rea translated means “evil state of mind.”
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.01 – To understand and appreciate that most serious crimes require criminal intent and a criminal act. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 6. Different levels of blameworthiness are indicated by different types of intent.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 7. General intent is used most commonly to mean the intent to commit the criminal act as defined in a statute.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.05 – To understand the difference between general and specific intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 8. The four levels of culpability, or intent, in the Model Penal Code are purposely, knowingly, recklessly, and negligently.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 9. Recklessness requires awareness of substantial and unjustifiable risks.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 10. Negligence has both an objective and subjective component.
| ANSWER: |
False |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 11. Strict liability crimes have no actus reus element.
| ANSWER: |
False |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
| 12. In strict liability crimes, accidental injury can be criminal.
| ANSWER: |
True |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
| 13. Proving criminal causation requires proving both factual and legal cause.
| ANSWER: |
True |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 14. Subjective fault requires a “bad mind” in the actor.
| ANSWER: |
False |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
| 15. A criminal act is enough for criminal liability for most serious crimes.
| ANSWER: |
False |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 16. The most blameworthy state of mind in the Model Penal Code is purpose.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 17. Negligence involves conscious risk creation.
| ANSWER: |
False |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 18. Criminal liability is sometimes imposed without fault.
| ANSWER: |
True |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
| 19. Negligence is a totally objective standard.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 20. Ignorance of facts and law may create a reasonable doubt that the prosecution has proved the element of criminal intent.
| ANSWER: |
True |
| REFERENCES: |
Failure of Proof “Defenses”: Ignorance and Mistake |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.09 – To understand that ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 21. The mental state “purposely” is the most culpable of the four levels identified by the Model Penal Code.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 22. Criminal intent is the same thing as motive.
| ANSWER: |
False |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.03 – To appreciate the complexity of defining and proving mens rea, and to understand the difference between criminal intent and motive. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 23. General intent consists of the intent to commit the criminal act.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.05 – To understand the difference between general and specific intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 24. The Model Penal Code (MPC) breaks down mens rea into four mental states—purpose, knowledge, recklessness, and negligence.
| ANSWER: |
True |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 25. Strict liability exists when there is a crime with subjective fault.
| ANSWER: |
False |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
| 26. Concurrence means that some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes.
| ANSWER: |
True |
| REFERENCES: |
Concurrence |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.07 – To understand the principle of concurrence and why it’s important in criminal liability considerations. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 27. Causation applies only to “bad result” crimes.
| ANSWER: |
True |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 28. Prosecutors only have to prove causation by a preponderance of the evidence.
| ANSWER: |
False |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 29. The ignorance maxim means that everyone is presumed to know the law.
| ANSWER: |
True |
| REFERENCES: |
Failure of Proof “Defenses”: Ignorance and Mistake |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.09 – To understand that ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
| 30. Ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent.
| ANSWER: |
True |
| REFERENCES: |
Failure of Proof “Defenses”: Ignorance and Mistake |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.09 – To understand that ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
31. Which of the following is not a type of culpability in the Model Penal Code (MPC)?
|
a. |
purpose |
|
b. |
knowledge |
|
c. |
negligence |
|
d. |
willfulness |
| ANSWER: |
d |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
32. The mental element of a crime is called the
|
a. |
mens rea. |
|
b. |
harm. |
|
c. |
actus reus. |
|
d. |
concurrence. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.01 – To understand and appreciate that most serious crimes require criminal intent and a criminal act.
CRLW.SAMA.17.04.02 – To appreciate the long history of mens rea as a key element of criminal liability. |
| KEYWORDS: |
Bloom’s: Remember |
|
33. In the absence of a confession, intent must generally be proven by what evidence?
|
a. |
peremptory |
|
b. |
exclusive |
|
c. |
referential |
|
d. |
circumstantial |
| ANSWER: |
d |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.03 – To appreciate the complexity of defining and proving mens rea, and to understand the difference between criminal intent and motive. |
| KEYWORDS: |
Bloom’s: Remember |
|
34. From the work of Plato to the present-day courts, criminal intent has been recognized and reaffirmed as the criminal law’s
|
a. |
intent. |
|
b. |
corpus delicti. |
|
c. |
mens rea. |
|
d. |
mantra. |
| ANSWER: |
d |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.02 – To appreciate the long history of mens rea as a key element of criminal liability. |
| KEYWORDS: |
Bloom’s: Remember |
|
35. Legal (“proximate”) cause is a subjective question of fairness that appeals to the jury’s sense of
|
a. |
justice. |
|
b. |
duty. |
|
c. |
fairness. |
|
d. |
guilt. |
| ANSWER: |
a |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
36. Proving criminal intent is difficult and usually relies upon inferences made from actions and
|
a. |
evidence. |
|
b. |
attendant circumstances. |
|
c. |
actus reus. |
|
d. |
mens rea. |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.03 – To appreciate the complexity of defining and proving mens rea, and to understand the difference between criminal intent and motive. |
| KEYWORDS: |
Bloom’s: Remember |
|
37. In strict liability cases, the prosecution has to prove only that defendants committed a
|
a. |
involuntary act that caused harm. |
|
b. |
voluntary civil act that caused harm. |
|
c. |
voluntary criminal act that caused harm. |
|
d. |
voluntary mistake that caused harm. |
| ANSWER: |
c |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
38. Mistake is a defense whenever the mistake prevents the formation of any fault-based
|
a. |
prejudice. |
|
b. |
hate. |
|
c. |
animus. |
|
d. |
mens rea. |
| ANSWER: |
d |
| REFERENCES: |
Failure of Proof “Defenses”: Ignorance and Mistake |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.09 – To understand that ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
39. The objective determination that the defendant’s act triggered a chain of events that ended as the bad result is called the
|
a. |
cause in fact. |
|
b. |
approximate cause. |
|
c. |
negligent cause. |
|
d. |
subsequent cause. |
| ANSWER: |
a |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
40. Fault that requires a “bad mind” in the actor is called
|
a. |
objective fault. |
|
b. |
subjective fault. |
|
c. |
no fault. |
|
d. |
concurrent fault. |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability) |
| KEYWORDS: |
Bloom’s: Remember |
|
41. The cause that either interrupts a chain of events or substantially contributes to a result is called the
|
a. |
proximate cause. |
|
b. |
real cause. |
|
c. |
intervening cause. |
|
d. |
select cause. |
| ANSWER: |
c |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
42. What is the only direct evidence of a defendant’s mens rea?
|
a. |
a confession |
|
b. |
a motive |
|
c. |
a picture |
|
d. |
a polygraph examination |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.03 – To appreciate the complexity of defining and proving mens rea, and to understand the difference between criminal intent and motive. |
| KEYWORDS: |
Bloom’s: Remember |
|
43. In the Model Penal Code, the most blameworthy state of mind is
|
a. |
recklessly. |
|
b. |
purposely. |
|
c. |
negligently. |
|
d. |
knowingly. |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
44. What is the default degree of culpability where codes fail to identify a level of culpability?
|
a. |
negligence |
|
b. |
recklessness |
|
c. |
awareness |
|
d. |
complicity |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
45. Conscious risk creation involves the level of culpability called
|
a. |
knowledge. |
|
b. |
negligence. |
|
c. |
contumacy. |
|
d. |
recklessness. |
| ANSWER: |
d |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
46. Intent to commit a criminal act as defined in a statute is known as
|
a. |
general intent. |
|
b. |
personal intent. |
|
c. |
blameless intent. |
|
d. |
negligent intent. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.05 – To understand the difference between general and specific intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
47. Liability without fault, or in the absence of mens rea, is called
|
a. |
strict liability. |
|
b. |
harm causation. |
|
c. |
offending behavior. |
|
d. |
wanton liability. |
| ANSWER: |
a |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
48. Which of the following forms of intent is both objective and subjective?
|
a. |
negligent |
|
b. |
reckless |
|
c. |
knowing |
|
d. |
purpose |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
49. Factual cause is also known as which of the following?
|
a. |
“but for” cause |
|
b. |
legal cause |
|
c. |
proximate cause |
|
d. |
intervening cause |
| ANSWER: |
a |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
50. What kind of cause occurs after the defendant’s act and before the harm?
|
a. |
intervening cause |
|
b. |
concurrent cause |
|
c. |
consecutive cause |
|
d. |
contingent cause |
| ANSWER: |
a |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
51. The ignorance maxim is the presumption that
|
a. |
defendants knew the law they were breaking. |
|
b. |
defendants did not know the law they were breaking. |
|
c. |
defendants do not care if they break the law. |
|
d. |
defendants think the law does not apply to them. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
52. Failure-of-proof defenses are also known as
|
a. |
mistakes. |
|
b. |
liabilities. |
|
c. |
legalities. |
|
d. |
hate crimes. |
| ANSWER: |
a |
| REFERENCES: |
Failure of Proof “Defenses”: Ignorance and Mistake |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.09 – To understand that ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
53. Which kind of fault requires no purposeful or conscious bad mind in the actor?
|
a. |
objective fault |
|
b. |
subjective fault |
|
c. |
no fault |
|
d. |
concurrent fault |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
54. Criminal liability without subjective or objective fault is also called
|
a. |
strict liability. |
|
b. |
harm causation. |
|
c. |
offending behavior. |
|
d. |
wanton liability. |
| ANSWER: |
a |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
55. Specific intent applies only to what type of crimes?
|
a. |
result crimes |
|
b. |
bad intent crimes |
|
c. |
state crimes |
|
d. |
statutory crimes |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.05 – To understand the difference between general and specific intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
56. Which of the following cases involves the mental state “purposely”?
|
a. |
Harris v. State (1999) |
|
b. |
State v. Stark (1992) |
|
c. |
Haupt v. U.S. (1947) |
|
d. |
State v. Jantzi (1982) |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
57. Which of the following cases involves general and specific intent?
|
a. |
Harris v. State (1999) |
|
b. |
State v. Stark (1992) |
|
c. |
Haupt v. U.S. (1947) |
|
d. |
State v. Fleck (2012) |
| ANSWER: |
d |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
58. Which of the following statements is true regarding recklessness and negligence?
|
a. |
Recklessness is about consciously creating risks; negligence is about unconsciously creating risks. |
|
b. |
Recklessness is about unconsciously creating risks; negligence is about consciously creating risks. |
|
c. |
Recklessness and negligence are both about consciously creating risks. |
|
d. |
Recklessness and negligence are both about unconsciously creating risks. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
59. The most common definition of specific intent is
|
a. |
general intent plus. |
|
b. |
general intent. |
|
c. |
subjective intent. |
|
d. |
subjective intent plus. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.05 – To understand the difference between general and specific intent. |
| KEYWORDS: |
Bloom’s: Remember |
|
60. According to the Model Penal Code, what is the most blameworthy mental state?
|
a. |
purposely |
|
b. |
knowingly |
|
c. |
recklessly |
|
d. |
negligently |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
61. According to the Model Penal Code, what is the least blameworthy mental state?
|
a. |
purposely |
|
b. |
knowingly |
|
c. |
negligently |
|
d. |
recklessly |
| ANSWER: |
c |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
62. The conscious creation of substantial and unjustifiable risks is the definition of
|
a. |
liability. |
|
b. |
negligence. |
|
c. |
recklessness. |
|
d. |
reasonableness. |
| ANSWER: |
c |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
63. The test for negligence is
|
a. |
totally objective. |
|
b. |
totally subjective. |
|
c. |
totally conscious. |
|
d. |
totally negligent. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
64. Mistake defenses are sometimes called
|
a. |
motive defenses. |
|
b. |
causation defenses. |
|
c. |
failure-of-proof defenses. |
|
d. |
felony defenses. |
| ANSWER: |
c |
| REFERENCES: |
Liability without Fault (Strict Liability) |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
65. The element of causation applies only to what type of crimes?
|
a. |
“bad result” crimes |
|
b. |
proximate crimes |
|
c. |
conduct crimes |
|
d. |
moral crimes |
| ANSWER: |
a |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
66. Empirical research shows support for a connection between morality and the ignorance of the law as
|
a. |
a defense to criminal liability. |
|
b. |
unacceptable by juries. |
|
c. |
a defense to criminal liability only in jury trials. |
|
d. |
a defense to criminal liability only in bench trials. |
| ANSWER: |
a |
| REFERENCES: |
Failure of Proof “Defenses”: Ignorance and Mistake |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.10 – To appreciate the empirical research surrounding morality and ignorance of the law. |
| KEYWORDS: |
Bloom’s: Remember |
|
67. The subjective judgment that it’s fair and just to blame the defendant for the bad result is called
|
a. |
cause in fact. |
|
b. |
“but for” cause. |
|
c. |
legal cause. |
|
d. |
concurrence. |
| ANSWER: |
c |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.01 – To understand and appreciate that most serious crimes require criminal intent and a criminal act. |
| KEYWORDS: |
Bloom’s: Remember |
|
68. What term is Latin for guilty mind?
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
corpus delicti |
|
d. |
actus non facit |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.01 – To understand and appreciate that most serious crimes require criminal intent and a criminal act. |
| KEYWORDS: |
Bloom’s: Remember |
|
69. Fault that requires a bad mind in the actor is
|
a. |
subjective fault. |
|
b. |
objective fault. |
|
c. |
voluntary fault. |
|
d. |
conscious fault. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability). |
| KEYWORDS: |
Bloom’s: Remember |
|
70. Fault that requires no purposeful or conscious bad mind in the actor is
|
a. |
subjective fault |
|
b. |
objective fault |
|
c. |
voluntary fault |
|
d. |
conscious fault |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.04 – To understand that criminal liability, sometimes, is imposed without either objective or subjective fault (also known as strict liability) |
| KEYWORDS: |
Bloom’s: Remember |
|
71. How many mental states are there in the Model Penal Code?
|
a. |
three |
|
b. |
four |
|
c. |
five |
|
d. |
six |
| ANSWER: |
b |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
72. In the mental state of “knowing,” the watchword is
|
a. |
awareness. |
|
b. |
consciousness. |
|
c. |
knowledge. |
|
d. |
voluntariness. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
73. The MPC test of recklessness has two prongs. The first prong is subjective and the second prong is
|
a. |
objective. |
|
b. |
intentional. |
|
c. |
culpable. |
|
d. |
specific. |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
74. The element of causation applies only to what kind of crimes?
|
a. |
“bad result” crimes |
|
b. |
“bad knowledge” crimes |
|
c. |
“reckless” crimes |
|
d. |
“negligent” crimes |
| ANSWER: |
a |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
75. What term is about holding an actor criminally accountable for the results of her conduct?
|
a. |
concurrence |
|
b. |
causation |
|
c. |
factual causation |
|
d. |
practical causation |
| ANSWER: |
b |
| REFERENCES: |
Causation |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.08 – To understand that the element of causation applies only to “bad result” crimes and to be able to differentiate factual cause from legal cause. |
| KEYWORDS: |
Bloom’s: Remember |
|
| Case 4.1
Joe lives in Washington state. Joe tested positive for HIV. Joe receives counseling regarding HIV infection and the risks regarding the potential for transmitting HIV to sexual partners. Joe has sex with a woman without using condoms. |
76. What is the highest level of culpability Joe exhibits, based on the MPC’s four mental states?
|
a. |
purposely |
|
b. |
knowingly |
|
c. |
recklessly |
|
d. |
negligently |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
77. What level of intent must be proved regarding Joe’s culpability?
|
a. |
beyond a reasonable suspicion |
|
b. |
preponderance of the evidence |
|
c. |
more likely than not |
|
d. |
beyond a reasonable doubt |
| ANSWER: |
d |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| Case 4.2
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. |
78. The connection between Ahmad’s intention to stab Tom and the criminal act of stabbing him is an example of
|
a. |
concurrence |
|
b. |
mens rea |
|
c. |
actus reus |
|
d. |
mistake |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
79. Which of the mental states identified in the Model Penal Code best applies to Ahmad?
|
a. |
purposely |
|
b. |
knowingly |
|
c. |
recklessly |
|
d. |
negligently |
| ANSWER: |
a |
| REFERENCES: |
Mens Rea |
| LEARNING OBJECTIVES: |
CRLW.SAMA.17.04.06 – To understand and appreciate the differences in culpability among the Model Penal Code’s (MPC’s) four mental states: purposely, knowingly, recklessly, and negligently. |
| KEYWORDS: |
Bloom’s: Remember |
|
| Case 4.3
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. |
Related
Reviews
There are no reviews yet.