Test Bank for Criminal Law Today, Student Value Edition, 6th Edition

Exam Name___________________________________ MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Jury instructions are directions given to the jury by the: A) prosecutor. B) defendant. 1) _______ C) judge. D) defense attorney. 2) Criminal liability is the degree of ________ assigned to a defendant by a criminal court. A) general intent B) identity 2) _______ C) blameworthiness D) motive 3) The basic parts or components of a crime are referred to as the ________ of the crime. A) paragraphs B) subsets C) sections D) elements 3) _______ 4) In the criminal law, ________ is considered behavior and the accompanying mental state. A) advocacy B) motive C) possession D) conduct 4) _______ 5) The Latin term for “guilty act” is: A) actus rea. B) mens rea. C) mala prohibita. 5) _______ D) mala in se. 6) A person who is involved with heroin cannot be arrested for: A) being a heroin addict. B) importing heroin. 6) _______ C) selling heroin. D) possessing heroin. 7) At Bob’s request, Ray brings a suitcase from Mexico to Chicago for him. Bob tells Ray the suitcase contains Bob’s clothes. The suitcase really contains lots of clothes and a small bag of marijuana. Ray never learns of the marijuana. While Ray has the suitcase, he is in ________ possession of the marijuana. 7) _______ A) mere B) constructive C) minimal D) knowing 8) The Model Penal Code outline four ________: purposely, knowingly, reckless, and negligent. A) canons of construction B) conducts 8) _______ C) states of mind D) elements of crime 9) Ray insults Bob. Bob then beats Ray up to get revenge. Bob’s action is: A) scienter. 9) _______ B) purposeful. C) reckless. D) criminal negligence. 10) Knowing behavior is action undertaken with: A) awareness. B) scienter. 10) ______ C) a reasonable doubt. D) negligence. 11) The term scienter signifies a defendant’s: A) general intent. B) guilty act. 11) ______ C) guilty knowledge. D) specific intent. 12) ________ is not an essential element of a crime. A) Motive B) A culpable mental state 12) ______ C) The criminal act D) Concurrence 13) When Bob gets in his car in the morning, he checks his taillights and sees that they both work. Two hours later, he is pulled over and given a ticket for the taillight that just burned out. Bob has committed a(n) ________ offense. 13) ______ A) reckless B) intentional C) strict liability D) negligent 14) Bob commits a burglary to get money to buy drugs. Getting money to buy drugs is Bob’s: A) mental state.B) general intent. C) motive. D) actus rea. 14) ______ 15) ________ is the simultaneous coexistence of an act in violation of the law and a culpable state of mind. 15) ______ A) Motive B) Constructive intent C) Concurrence D) Intent 16) Three witnesses testify at Bob’s trial that they saw him take a handgun, hold it to Ray’s head and pull the trigger. Ray dies. Based on this much evidence the jury: 16) ______ A) cannot conclude that Bob intended to harm Ray. B) can infer that Bob intended to harm Ray. C) can determine Bob’s motive. D) None of the above. 17) Canons of construction are: A) rules that guide courts in cases dealing with construction disputes. 17) ______ B) rules that guide courts in interpreting constitutions, statutes and other laws. C) guns that in historic time protected the Supreme Court. D) None of the above. 18) The record of debates, committee reports and meetings, statements of legislators, and other evidence of what the legislature intended when it enacted a particular statute is known as the: 18) ______ A) general intent of the legislature. C) specific intent of the legislature. B) legislative motive. D) legislative history. 19) Insanity is a ________ defense. A) actus rea B) inference C) mens rea 19) ______ D) scienter 20) Bob drives 50 miles per hour on a street in a residential neighborhood with a speed limit of 30 miles per hour. Bob’s behavior is reckless because: 20) ______ A) it increases the risk of harm. B) Bob should have known better. C) it is in violation of the law. D) he is doing it purposefully. TRUE/FALSE. Write ‘T’ if the statement is true and ‘F’ if the statement is false. 21) In some states, a person can be arrested for mere thoughts. 21) ______ 22) Bob hides his heroin in the basement of his home and goes to work. While Bob is at work, he is considered in possession of the heroin. 22) ______ 23) An omission to act cannot ever be criminal. 23) ______ 24) If a defendant intended to act, but did not intend the consequence, then general intent is present. 24) ______ 25) General intent is a thoughtful, conscious intention to perform a specific act in order to achieve a particular result. 25) ______ 26) The Latin term for motive is mens rea. 26) ______ 27) Strict liability crimes do not require mens rea. 27) ______ 28) Bob purposefully takes a shot at Ray, hoping to kill him. Mary steps in between them and the shot hits and kills her. Bob can be charged with purposefully killing Mary. 28) ______ 29) Activity that increases the risk of harm is referred to as knowing behavior. 29) ______ 30) Bob has a gun he believes is unloaded. He takes the gun, holds it to Ray’s head and pulls the trigger. Bob was mistaken, the gun was loaded, Ray dies. Bob’s behavior amounts to criminal negligence. 30) ______ 31) Possession in which one may or may not be aware of what he or she possess is known as actual possession. ______ 31) 32) General intent refers to an individual’s conduct. 32) ______ 33) A motive refers to an individual’s reason for committing crime. 33) ______ 34) Mens rea is the simultaneous coexistence of (1) an act in violation of the law and (2) a culpable mental state. 34) ______ 35) The two basic elements of all crimes are the criminal mind (mens rea) and criminal act (actus reus). 35) ______ MATCHING. Choose the item in column 2 that best matches each item in column 1. Match the following. 36) 37) 38) 39) knowing possession mere possession actual possession constructive possession A) B) C) possession with awareness of what one possesses possession in which one may or may not be aware of what he or she possesses possession in which one has direct physical control over the object or objects in question 36) 37) 38) 39) ______ ______ ______ ______ D) the ability to exercise control over property or objects; even though they are not in one’s physical custody SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 40) When attorneys refer to conduct, they are referring to both the behavior and the ________ state that were present at the time of the behavior. 40) ____________ 41) Strict liability is based on the presumption that causing harm is in itself blameworthy, regardless of the person’s ________. 41) ____________ 42) Bob accidentally hits Ray with his car and kills Ray. When Bob gets out of the car and sees that it is Ray he has killed, he is glad because he intended to kill Ray the next day. Bob is not guilty of a crime because his act and his culpable mental state lack ________. 42) ____________ 43) The Latin term actus ________ means an act in violation of the law; a guilty act. 43) ____________ 44) Bob takes a bag of marijuana and puts it in his pocket. As long as it is in his pocket he has ________ possession of the marijuana. 44) ____________ 45) The two basic ________ of all crimes are the criminal mind and the criminal act. 46) Actus reus is an act in violation of the ________. 45) ____________ 46) ____________ 47) Constructive ________ means that, at a given time, an individual may not have actual physical custody of the material in question, but he or she is still able to control or influence it. 47) ____________ 48) Failure to file a tax return is an example of an ________ to act. 48) ____________ 49) Mens rea, which means ________ mind, refers to the specific mental state that an individual must to possess to be legally culpable. 49) ____________ 50) General intent refers to an individual’s ________ conduct. 50) ____________ 51) A violation of law for which one may incur criminal liability without fault or intention is known as ________ liability. 51) ____________ 52) The degree of ________ assigned to a defendant by a criminal court is known as criminal liability. 52) ____________ 53) The term ________ entails both the behavior and the mental state that were present at the same time of the behavior. 53) ____________ 54) The laws of most jurisdictions specify that a person’s actions must be ________ for them to carry criminal liability. 54) ____________ ESSAY. Write your answer in the space provided or on a separate sheet of paper. 55) Explain the four elements that qualify and act as involuntary rather than voluntary. 56) Explain the difference between knowing possession, mere possession, and actual possession. 57) Describe the three elements of criminal negligence. 58) Explain in detail the legal essence of a criminal act. 59) Discuss the types of acts that may be included, and those that are omitted from being a criminal act (evil thoughts). 1) C 2) C 3) D 4) D 5) A 6) A 7) A 8) C 9) B 10) A 11) C 12) A 13) C 14) C 15) C 16) B 17) B 18) D 19) C 20) A 21) FALSE 22) TRUE 23) FALSE 24) TRUE 25) FALSE 26) FALSE 27) TRUE 28) TRUE 29) FALSE 30) TRUE 31) FALSE 32) TRUE 33) TRUE 34) FALSE 35) TRUE 36) A 37) B 38) C 39) D 40) mental 41) intent 42) concurrence 43) reus 44) actual 45) elements 46) law 47) possession 48) omission 49) guilty 50) physical 51) strict 52) blameworthiness 53) conduct 54) voluntary 55) The following must be in the answer: a. b. c. d. Reflexes and convulsions Bodily movements during unconsciousness or sleep Conduct during hypnosis or resulting from hypnotic suggestion Movements caused by another person. 56) The following must be in the answer: a. Knowing possession—possession with awareness of what one possess b. Mere possession—possession in which one may or may not be aware of what he or she possesses c. Actual possession—possession in which one has direct physical control over the object or objects in question. 57) The following must be in the answer: a. Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences b. Negligence of such a nature and to such a degree that it is punishable as a crime c. Flagrant and reckless disregard for the safety of others, or willful indifference to the safety and welfare of others. 58) The two basic elements of crime are the criminal mind (actus rea) and the criminal act (actus reus) Also known as the actus reus, the crime must be the result of a voluntary act. Speech as an act. Although the Framers used the term speech, the Supreme Court has found that they intended to protect all forms of expression—verbal or otherwise State of mind. The term literally means “guilty mind” and refers to the specific mental state that an individual must possess to be legally culpable. Be sure to discuss the three types of intent: specific, general, and transferred. 59) The criminal act may be an act of commission, or an act of omission. However, a failure to act can only form the basis of a crime if there is a legal duty which exists. Give examples of this based upon relationship, law, contract, and those where the actor caused the peril. Voluntary acts. The laws of most jurisdictions specify that a person’s actions must be voluntary for them to carry criminal liability. Possession. The ability to exercise control over property or objects, even though they are not in one’s physical custody Failure to act. An omission to act, or a failure to act may be criminal when the person in question is required by law to do something, that is, when the law specifies a duty to act.