Elements Of Crimes Test Bank Ch3 - Complete Test Bank Essential Criminal Law 3e with Answers by Matthew Lippman. DOCX document preview.
Chapter 3: Elements of Crimes
Test Bank
Multiple Choice
1. Dawn was driving down the road when she spotted a one-car accident and a woman named Sarah on the side of the road. Dawn stopped to call 911 and began to render aid while waiting on the ambulance. Dawn attempted to perform CPR, but she broke several of Sarah’s ribs in the process. The broken ribs punctured Sarah’s lungs, causing Sarah to go into respiratory failure. Sarah died shortly thereafter. Which of the following is NOT correct?
A. Dawn was obligated to assist Sarah under the American bystander rule.
B. Even though Sarah died as a result of the trauma caused by the punctured lung, Dawn’s intervention may be protected under a Good Samaritan law.
C. Dawn would have been obligated to assist Sarah under the European bystander rule.
D. Depending on what state Dawn is in, state law might require her to assist Sarah.
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Analysis
Answer Location: Omissions
Difficulty Level: Medium
2. Which of the following is not considered an involuntary act under the Model Penal Code?
A. conduct during hypnosis or resulting from hypnotic suggestion
B. bodily movement that is the conscious product of the actor
C. bodily movement during unconsciousness or sleep
D. a reflex or convulsion
Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Knowledge
Answer Location: A Voluntary Criminal Act (Model Penal Code Exhibit)
Difficulty Level: Easy
3. The police executed a search warrant on Jerry’s home and found large quantities of cocaine and marijuana in his bedroom closet. Jerry may be properly charged with possession of illegal substances based on which concept of possession?
A. fleeting possession
B. joint possession
C. actual possession
D. constructive possession
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Analysis
Answer Location: Possession
Difficulty Level: Medium
4. One night, while showing off her new pistol, Mary fired the pistol through her bedroom window. The bullet hit Jo, who was walking her dog down the street. Which of the following forms of intent best describes Mary’s conduct?
A. recklessly
B. purposely
C. negligently
D. knowingly
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Analysis
Answer Location: Intent Under the Model Penal Code
Difficulty Level: Medium
5. Will shot Brad as an act of revenge. During surgery, the surgeon accidentally severed a major artery, and Brad died. Choose the best answer for the most likely outcome.
A. Will is not guilty because the doctor’s negligence was the proximate cause of Brad’s death.
B. Will is likely guilty of homicide because medical negligence is a foreseeable consequence of a gunshot wound.
C. Will is likely guilty under the Model Penal Code because his conduct is the proximate cause of Brad’s death.
D. Will is not guilty because Brad died as the result of a coincidental intervening act.
Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.
Cognitive Domain: Analysis
Answer Location: Responsive Intervening Acts
Difficulty Level: Hard
6. What type of intent describes a scenario where an individual intends to attack one person but harms another?
A. general
B. specific
C. transferred
D. constructive
Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.
Cognitive Domain: Knowledge
Answer Location: Transferred Intent
Difficulty Level: Easy
7. Which type of intervening acts arise when a defendant’s act places a victim in a particular place where the victim is harmed by an unforeseeable event?
A. coincidental
B. proximate
C. responsive
D. factual
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Comprehension
Answer Location: Coincidental Intervening Acts
Difficulty Level: Easy
8. Which of the following is not a form of intent under the Model Penal Code?
A. knowingly
B. purposely
C. intentionally
D. recklessly
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Knowledge
Answer Location: Intent Under the Model Penal Code
Difficulty Level: Easy
9. A determination that it is fair or just to hold a defendant legally responsible for an injury of death is a determination of which type of causation?
A. express
B. proximate
C. but for
D. responsive
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Comprehension
Answer Location: Legal or Proximate Cause
Difficulty Level: Easy
10. Which type of intent is characterized by an individual’s mental determination to accomplish a certain result?
A. constructive
B. transferred
C. general
D. specific
Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.
Cognitive Domain: Comprehension
Answer Location: General and Specific Intent
Difficulty Level: Easy
11. A(n) ______ is a conscious choice by an individual to commit or not commit an act.
A. independent
B. involuntary
C. dependent
D. voluntary
Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Knowledge
Answer Location: A Voluntary Criminal Act
Difficulty Level: Easy
12. Although Ronni Jo has had seizures all her life, she still drives her car to and from work every day. One day on her way to work, she began having a seizure while driving. She became too impaired to stop her car at the stop sign and hit multiple children as they crossed the street on their walk to school. Will Ronni Jo likely be successful in her argument that the accident was a result of an involuntary action?
A. Yes, she has no control of when her seizures take place.
B. Yes, she did not intend to hit the students.
C. No, she was aware of her seizure disorder and should take precautions.
D. No, unless she was taking anti-seizure medication at the time.
Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Application
Answer Location: A Voluntary Criminal Act
Difficulty Level: Medium
13. Which of the following is not a practical consideration of requiring that a criminal act be voluntary?
A. There is a strong need to deter individuals who involuntary engage in criminal conduct.
B. it would be fundamentally unfair to punish those who do not consciously choose to engage in criminal conduct.
C. Involuntary actors cannot be considered morally blameworthy.
D. There is no need to incapacitate or rehabilitate individuals who voluntary engage in criminal conduct.
Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Application
Answer Location: A Voluntary Criminal Act
Difficulty Level: Medium
14. Which of the following is an example of a voluntary act?
A. a convulsion
B. a reflex
C. a habit
D. an omission
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Comprehension
Answer Location: A Voluntary Criminal Act
Difficulty Level: Easy
15. Which of the following involuntary acts are not covered under the Model Penal Code?
A. convulsions
B. acts committed under hypnosis
C. reflexes
D. eye rolls
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Application
Answer Location: The Model Penal Code
Difficulty Level: Medium
16. Robinson v. California ruled that it is unjust to convict the defendant of a ______ because he is a drug addict.
A. possession
B. preparatory offense
C. misdemeanor
D. status offense
Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Knowledge
Answer Location: Status
Difficulty Level: Easy
17. It is a crime to be drunk in public. However, homeless people are always drunk in public because they have nowhere else to go. Would it be constitutionally permissible to punish alcoholics who are homeless?
A. Yes, they violated a statute for which the standard is strict liability.
B. Yes, providing they were exhibiting the type of disruptive behavior the statute was aimed at preventing.
C. No, being alcoholic and homeless are both statuses, which cannot be criminalized.
D. No, as a society we aim to not kick people when they are down.
Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Application
Answer Location: Status
Difficulty Level: Medium
18. Which case held that the defendants had been improperly arrested and punished because they were unemployed “hippies?”
A. People v. Kellogg
B. Wheeler v. Goodman
C. Brown v. Board of Education
D. Robinson v. California
Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Comprehension
Answer Location: Status
Difficulty Level: Easy
19. A babysitter who agrees to care for children or a lifeguard employed to safeguard swimmers is an example of which of the following?
A. statute
B. assumption of a duty
C. status
D. contract
Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Application
Answer Location: Status
Difficulty Level: Medium
20. In which situation is the individual likely to be charged with a crime if stopped by a police officer?
A. a known prostitute who is spotted ordering coffee at the neighborhood spot
B. a known gang member who is walking with his child to the supermarket
C. a communist man expressing his views in a public forum
D. a drug user who is also selling in an open-air market
Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Application
Answer Location: Status
Difficulty Level: Medium
21. The ______ rule obligates an individual to intervene.
A. Good Samaritan
B. duty to intervene
C. omission
D. European bystander rule
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Comprehension
Answer Location: The American and European Bystander Rules
Difficulty Level: Easy
22. The ______ rule states that an individual is not legally required to assist a person who is in peril.
A. Good Samaritan
B. American bystander
C. duty to intervene
D. omission
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Comprehension
Answer Location: The American and European Bystander Rules
Difficulty Level: Easy
23. Which of the following offenses is considered a possession?
A. moral
B. attempt
C. omission
D. preparatory
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Knowledge
Answer Location: Possession
Difficulty Level: Easy
24. The ______ rule permits an innocent individual to momentarily possess and dispose of an illegal object.
A. fleeting possession
B. constructive possession
C. temporary possession
D. mere possession
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
25. ______ possession refers to physical control without awareness of the object.
A. Negligible
B. Actual
C. Constructive
D. Mere
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
26. ______ possession refers to a situation in which a number of individuals exercise control over an object.
A. Basic
B. Group
C. Joint
D. Multiple
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
27. ______ possession refers to drugs and other contraband that are in an individual’s physical possession or within the individual’s immediate reach.
A. Mere
B. Actual
C. Joint
D. Multiple
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
28. ______ possession refers to contraband that is outside of an individual’s physical control over which he or she exercises control as a result of access to the location where the items are stored or through his or her ability to control an individual with physical control over the contraband.
A. Mere
B. Constructive
C. Joint
D. Multiple
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
29. What is mens rea?
A. a criminal act
B. a criminal intent
C. an omission
D. a criminal thought
Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.
Cognitive Domain: Comprehension
Answer Location: Mens Rea Criminal Intent
Difficulty Level: Medium
30. A ______ intent is intent to commit the criminal act.
A. general
B. specific
C. transferred
D. constructive
Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.
Cognitive Domain: Knowledge
Answer Location: Transferred Intent
Difficulty Level: Easy
31. A ______ intent applies when an individual intends to attack one person and injures another.
A. general
B. specific
C. transferred
D. constructive
Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.
Cognitive Domain: Knowledge
Answer Location: The Model Penal Code Standard
Difficulty Level: Easy
32. A ______ intent is a mental determination to accomplish a certain result.
A. general
B. specific
C. transferred
D. constructive
Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.
Cognitive Domain: Knowledge
Answer Location: The Model Penal Code Standard
Difficulty Level: Easy
33. Which kind of intent allows for a defendant’s intent to be inferred from the nature of the act and the surrounding circumstances?
A. specific intent
B. constructive intent
C. general intent
D. transferred intent
Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.
Cognitive Domain: Comprehension
Answer Location: The Model Penal Code Standard
Difficulty Level: Easy
34. An individual satisfies the ______ standard when he or she is aware that circumstances exist or that a result is practically certain to result from his or her conduct.
A. specifically
B. knowingly
C. recklessly
D. negligently
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Knowledge
Answer Location: Knowingly
Difficulty Level: Easy
35. Which of the following intents is considered the most serious?
A. purposely
B. knowingly
C. recklessly
D. negligently
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Comprehension
Answer Location: Purposely
Difficulty Level: Easy
36. Which of the following is not considered a type of intent?
A. recklessly
B. intentionally
C. negligently
D. knowingly
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Application
Answer Location: Negligently
Difficulty Level: Medium
37. There must be ______ between a criminal act and a criminal intent.
A. knowledge
B. causation
C. concurrence
D. preparation
Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.
Cognitive Domain: Knowledge
Answer Location: Concurrence
Difficulty Level: Easy
38. ______ is central to criminal law and must be proven beyond a reasonable doubt.
A. Knowledge
B. Causation
C. Concurrence
D. Preparation
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Knowledge
Answer Location: Causation
Difficulty Level: Easy
39. The appropriate punishment of an act depends, to a large extent, on what?
A. whether the act was intentional or incidental
B. the attendant circumstances
C. whether the crime in question was a result crime
D. the category of criminal intent
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Comprehension
Answer Location: Causation
Difficulty Level: Easy
40. A(n) ______ cause is an outside factor that causes the death or injury rather than the cause in fact.
A. proximate
B. independent
C. factual
D. intervening
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Comprehension
Answer Location: Legal or Proximate Cause
Difficulty Level: Easy
True/False
1. Under the Model Penal Code, an act is not a crime unless there is a voluntary act.
Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.
Cognitive Domain: Comprehension
Answer Location: A Voluntary Criminal Act
Difficulty Level: Easy
2. Someone who is addicted to illegal drugs may be convicted solely for being an addict.
Learning Objective:
Cognitive Domain: Comprehension
Answer Location: Status
Difficulty Level: Easy
3. Most jurisdictions have laws that require bystanders to intervene in certain circumstances so long as they themselves would not be placed in danger.
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Knowledge
Answer Location: Omissions
Difficulty Level: Easy
4. When a person acts negligently, the person is aware of a risk but does not intend the consequences of one’s actions.
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Comprehension
Answer Location: Intent Under the Model Penal Code
Difficulty Level: Comprehension
5. Strict liability offenses are mala in se.
Learning Objective: 3-8: Strict liability offenses do not require a criminal intent.
Cognitive Domain: Comprehension
Answer Location: Strict Liability Offenses
Difficulty Level: Medium
6. The cause in fact of a crime is also known as “but for” causation.
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Knowledge
Answer Location: Causality
Difficulty Level: Easy
7. A strict liability crime requires proof of both the actus reus and mens rea.
Learning Objective: 3-8: Strict liability offenses do not require a criminal intent.
Cognitive Domain: Comprehension
Answer Location: Strict Liability Offenses
Difficulty Level: Easy
8. The defendant is considered responsible for foreseeable coincidental intervening acts.
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Knowledge
Answer Location: Coincidental Intervening Acts
Difficulty Level: Easy
9. Under the Model Penal Code, recklessness is the most serious form of criminal intent.
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Knowledge
Answer Location: Intent Under the Model Penal Code
Difficulty Level: Easy
10. A person can be convicted for a condition or state of being.
Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Knowledge
Answer Location: Status
Difficulty Level: Easy
11. Individuals may be punished on a mere condition.
Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Knowledge
Answer Location: Status
Difficulty Level: Easy
12. A criminal act is limited to acts and omissions.
Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.
Cognitive Domain: Knowledge
Answer Location: Omissions
Difficulty Level: Easy
13. The basic rule in the United States is that an individual is not legally required to assist a person who is in peril.
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Knowledge
Answer Location: The American and European Bystander Rules
Difficulty Level: Easy
14. The Good Samaritan standard common in Europe obligates individuals to intervene.
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Knowledge
Answer Location: The American and European Bystander Rules
Difficulty Level: Easy
15. A negation is a failure to act or a “negative act.”
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Comprehension
Answer Location: The American and European Bystander Rules
Difficulty Level: Easy
16. It is believed that punishing possession deters and prevents the next step.
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
17. The most difficult issue for courts is mere possession.
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Knowledge
Answer Location: Possession
Difficulty Level: Easy
18. The fleeting possession rule is a limited exception to criminal possession
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
19. Mere possession refers to an individual’s awareness that he or she is in possession of contraband.
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
20. A specific intent is a mental determination to accomplish a specific result.
Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.
Cognitive Domain: Comprehension
Answer Location: The Model Penal Code Standard
Difficulty Level: Easy
Short Answer
1. How does the Good Samaritan standard differ from the American bystander rule?
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Analysis
Answer Location: The American and European Bystander Rules
Difficulty Level: Medium
2. What is the difference between factual cause and proximate cause?
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Analysis
Answer Location: Cause in Fact | Legal or Proximate Cause
Difficulty Level: Easy
3. What is possession?
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Medium
4. What does fleeting possession permit?
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Easy
5. What is transferred intent?
Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.
Cognitive Domain: Comprehension
Answer Location: The Model Penal Code Standard
Difficulty Level: Easy
6. What is the difference between general intent and specific intent?
Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.
Cognitive Domain: Analysis
Answer Location: The Model Penal Code Standard
Difficulty Level: Easy
7. What is the difference between purposely and knowingly?
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Analysis
Answer Location: Purposely | Knowingly
Difficulty Level: Easy
8. What is chronological concurrence?
Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.
Cognitive Domain: Comprehension
Answer Location: Concurrence
Difficulty Level: Easy
9. What is the difference between a purposeful intent and a strict liability offense? Provide an example of each to support your answer.
Learning Objective: 3-8: Strict liability offenses do not require a criminal intent.
Cognitive Domain: Analysis
Answer Location: Strict Liability Offenses
Difficulty Level: Medium
10. What is the difference between coincidental intervening acts and responsive intervening acts?
Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.
Cognitive Domain: Analysis
Answer Location: Coincidental Intervening Acts | Responsive Intervening Acts
Difficulty Level: Medium
Essay
1. Define actus reus and explain its significance.
Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.
Cognitive Domain: Knowledge
Answer Location: Introduction
Difficulty Level: Easy
2. Distinguish between the American bystander rule and the European bystander rule.
Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.
Cognitive Domain: Comprehension
Answer Location: Omissions
Difficulty Level: Medium
3. Briefly compare and contrast the concepts of constructive and joint possession against actual (regular) possession. Discuss why you believe constructive and joint possession should or should not be permissible as legal offenses.
Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.
Cognitive Domain: Comprehension
Answer Location: Possession
Difficulty Level: Medium
4. What is the doctrine of transferred intent, and what is the rationale for the doctrine?
Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.
Cognitive Domain: Comprehension
Answer Location: Transferred Intent
Difficulty Level: Medium
5. Distinguish between recklessness and negligence.
Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.
Cognitive Domain: Comprehension
Answer Location: Intent Under the Model Penal Code
Difficulty Level: Medium
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Complete Test Bank Essential Criminal Law 3e with Answers
By Matthew Lippman