Question 1

In general, there are four elements to every crime in the United States. Which of the following is not one of those elements?

Accepted Answer

Motive is not an element of a crime.

Question 2

A criminal act may not be based upon which of the following?

Accepted Answer

Involuntary conduct cannot be the basis of a criminal act because it is not a voluntary act.

Question 3

Which of the following does not create criminal culpability for a failure to act?

Accepted Answer

An injurer to aid a person harmed does not inherently create criminal culpability for a failure to act unless there is a specific legal duty established by law or contract. Generally, criminal liability for omissions arises from specific relationships or duties, such as those of parents or physicians.

Question 4

The Model Penal Code provides four different levels of intent. Which of the following is not included?

Accepted Answer

The answer of The Model Penal Code provides four different...

Question 5

When a defendant acts knowingly in that a state of awareness is involved, but the awareness is of risk, that is of a probability less than substantial certainty, under the Model Penal Code, this level of culpability is identified as:

Accepted Answer

The answer of When a defendant acts knowingly in that...

Question 6

When a defendant consciously engages in conduct of which he is aware creates a substantial risk and yet continues he is said to act______________ under the Model Penal Code.

Accepted Answer

Under the Model Penal Code, acting "recklessly" involves being aware of and consciously disregarding a substantial risk that a certain result will occur.

Question 7

Evidence of facts other than those on which proof is needed but from which deductions or inferences may be drawn concerning the facts in dispute is the definition of:

Accepted Answer

Circumstantial evidence refers to evidence that relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. It is indirect evidence that implies a fact but does not directly prove it.

Question 8

Criminal culpability is imposed in some situations even though no fault or evil intent can be shown on the part of the accused. There are three categories of liability without fault. Which is not included?

Accepted Answer

Extemporaneous is not a category of liability without fault.

Question 9

The act of selling alcoholic beverages to a minor in most jurisdictions is a crime. It is an example of _______________ liability.

Accepted Answer

Strict liability refers to situations where a party is held liable for their actions regardless of intent or mental state, such as selling alcohol to minors.

Question 10

In _________________ liability the actus reus of one actor is imputed to another person.

Accepted Answer

In vicarious liability, the actus reus (guilty act) of one person is imputed to another, typically in employer-employee relationships.

Question 11

Corporations are held responsible for the criminal acts of their agents only when those agents are:

Accepted Answer

An agent is acting within the scope of their corporate employment when they are acting on behalf of the corporation and within the authority granted to them by the corporation. In such cases, the corporation is held responsible for the agent's criminal acts.

Question 12

In addition to the four elements for all crimes, some require which additional element?

Accepted Answer

Attendant circumstances are specific conditions or facts surrounding a crime that must be present for the crime to occur, beyond the basic elements of the crime itself.

Question 13

A defendant may not be held criminally responsible unless it can be proven that his acts caused the injury, death, or property damage to the victim. This is known as the ______________________ element required of all crime in the United States.

Accepted Answer

Causation is the element that requires proving the defendant's actions directly caused the injury, death, or property damage to the victim.

Question 14

A criminal act committed against a victim who dies later may be followed by other noncriminal acts that contribute to the victim's death. If, however, the crime is a _______________________________________ contributing to that death, it may be judged the legal cause.

Accepted Answer

A substantial factor is a significant cause that contributes to the outcome, and in legal terms, it can be considered the legal cause of the victim's death if it significantly contributed to it.

Question 15

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. The correct charge against the actor is:

Accepted Answer

The actor had the intent to kill (mens rea) and took a substantial step towards committing murder by firing the gun, but the victim did not die as a result of the gunshot. Therefore, the appropriate charge is attempted murder.

Question 16

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. In this case the cancer would be:

Accepted Answer

The cancer is an intervening act because it is an independent event that breaks the causal chain between the defendant's action and the victim's death. The victim's death was not a direct result of the gunshot wound.

Question 17

In which case did the U.S. Supreme Court invalidate a state statute that made it a misdemeanor for a person to "be addicted to the use of narcotics."

Accepted Answer

The U.S. Supreme Court in Robinson v. California (1962) ruled that it was unconstitutional to criminalize a person's status of being addicted to narcotics, as it violated the Eighth Amendment's prohibition against cruel and unusual punishment.

Question 18

In which court case did the U.S. Supreme Court hold that, "The act of agent, while exercising the authority delegated to him may be controlled, in the interest of public policy, by imputing his act to his employer and imposing penalties upon the corporation for which he is acting?"

Accepted Answer

In New York Central and Hudson River Railroad Co. v. United States, the Supreme Court held that a corporation could be held liable for the acts of its agents, emphasizing the principle of vicarious liability in corporate law.

Question 19

In which court case did the Fifth District Court of Appeals emphasize the economic benefits that corporations might enjoy if they were not responsible for damages and personal injuries (or deaths) caused by their defective products?

Accepted Answer

Granite Construction Co. v. Superior Court is a case where the court discussed the implications of holding corporations accountable for damages caused by their defective products, emphasizing the economic benefits they might enjoy if not held responsible.

Question 20

A(n) __________________ is one that a reasonable person might conclude was sufficient to support the resulting injury or death.

Accepted Answer

A "substantial factor" is a legal concept used to determine if an action was significant enough to contribute to the injury or death in question.

Quiz 2: Elements of a Crime