Question 1

In 2011 Congress adopted the Model Penal Code

Accepted Answer

Congress did not adopt the Model Penal Code in 2011. The Model Penal Code was actually first proposed by the American Law Institute in 1962 and has been influential in shaping criminal law in many states, but it is not law in and of itself.

Question 2

At common law, a wife could not be an accessory after the fact to a felony committed by her husband.

Accepted Answer

This was known as the doctrine of coverture, which held that a husband and wife were one legal entity and a wife could not be held responsible for actions taken by her husband. This rule has been abolished in many jurisdictions.

Question 3

In prosecuting a specific-intent crime, it is necessary that a prosecutor establish a defendant's intent, but it is not necessary that the prosecutor establish the defendant's motive.

Accepted Answer

Intent refers to the purpose or knowledge behind the defendant's actions, whereas motive refers to the underlying reason or emotional impulse. Motive may be relevant to a case, but it is not necessary for proving intent in a specific-intent crime.

Question 4

The term mala prohibita refers to crimes involving universal moral wrongs.

Accepted Answer

Mala prohibita refers to crimes that are prohibited by law but may not necessarily involve universal moral wrongs. Examples include traffic violations, drug possession, and public intoxication. These are often considered victimless crimes and may vary by jurisdiction or culture.

Question 5

The law cannot criminalize the status of being addicted to narcotics, but it can punish an alcoholic for the act of public intoxication.

Accepted Answer

This is because addiction is considered a medical condition rather than a criminal offense, while public intoxication is considered a behavior that can be punished by law.

Question 6

In most instances a prosecutor must establish the defendant's criminal intent as well as the commission of a prohibited act.

Accepted Answer

In order to prove a criminal charge, the prosecutor typically has to show that the defendant both committed a prohibited act (known as the actus reus) and had the required criminal intent (known as the mens rea). Some crimes may not require a specific mental state, such as strict liability offenses, but in many cases intent must be shown.

Question 7

To be found guilty of a crime a person must commit a voluntary act, and in most instances, that act must be committed with criminal intent.

Accepted Answer

This is a basic principle of criminal law known as the actus reus and mens rea requirement. The actus reus requires a voluntary act, while the mens rea requires criminal intent.

Question 8

The intent requirement has no bearing on the defenses available to the defendant in a criminal trial.

Accepted Answer

The intent requirement can have a significant impact on the defenses available to a defendant in a criminal trial, as certain defenses may only be available in cases where the defendant lacked the specific intent required for the crime. For example, a defendant may be able to assert a defense of mistake of fact if they did not have the intent required for the crime they are charged with, but this defense would not be available if intent was not a required element of the offense.

Question 9

Unlike the civil law, the criminal law generally does not punish people for unintentional wrongs.

Accepted Answer

Criminal law typically requires intent or knowledge of wrongdoing to impose punishment. Unintentional actions may lead to civil liability but are generally not considered criminal offenses.

Question 10

General intent refers to an actor's mental purpose to accomplish a particular result beyond the act itself.

Accepted Answer

General intent refers to the intention to perform the act itself, not necessarily to achieve a specific result beyond the act.

Question 11

A person's failure to act can never be the actus reus of a crime.

Accepted Answer

A person's failure to act can sometimes be the actus reus of a crime, known as a "failure to act" or "omission" crime. For example, failing to report child abuse or failing to intervene to stop a crime may be considered criminal acts.

Question 12

In certain instances, mere possession of an item can be classified as a crime.

Accepted Answer

This is true, as in some cases possession of certain items can be considered a crime, such as illegal drugs or stolen property.

Question 13

In certain crimes the intent that must be proven determines whether particular defenses are available to the defendant.

Accepted Answer

In many crimes, such as murder and robbery, the intent of the defendant is a crucial element of the offense that must be proven by the prosecution. Depending on the specific intent required, certain defenses may be available to the defendant. For example, if the defendant lacked the specific intent to commit the crime, they may be able to use a defense of mistake or ignorance of the law.

Question 14

The term mens rea refers to a person's motive for doing an illegal act.

Accepted Answer

The term mens rea actually refers to a person's intention or knowledge of wrongdoing while committing an illegal act. Motive refers to the reason a person may have for committing a crime, but it is not always necessary to establish guilt.

Question 15

In Robinson v.California (1962), the U.S.Supreme Court declared unconstitutional a California statute that made it an offense for a person "to be addicted to the use of narcotics."

Accepted Answer

This is an accurate statement of the ruling in Robinson v. California.

Question 16

In special cases, a person can be found guilty of an offense based solely on their criminal intent.

Accepted Answer

Criminal intent alone is not enough to convict someone; there must be an act or conduct that constitutes a crime.

Question 17

The actus reus requirement can be fulfilled by a person's failure to act where there is a family relationship or statutory or contractual duty to act.

Accepted Answer

The actus reus requirement can indeed be fulfilled by a failure to act when there is a family relationship or a legal duty to act such as under statutory or contractual obligations.

Question 18

In a specific-intent crime, a criminal intends to accomplish a particular result.

Accepted Answer

In a specific-intent crime, the criminal has a particular goal or intent in mind while committing the crime. This is different from a general intent crime, where the criminal may not have a specific purpose in mind but still intended to commit the act that resulted in the crime.

Question 19

Under our system of law, a person cannot be punished merely for an evil intention.

Accepted Answer

In order to be punished, a person must have committed an actual crime or violation of the law, rather than simply having an evil intention.

Question 20

The common law did not distinguish among the various actors in felonies based on their degree of participation in the crime.

Accepted Answer

Common law traditionally distinguished between principals and accessories in felonies, based on their level of involvement in the crime.

Quiz 4: Elements of Crimes and Parties to Crimes