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Terms in this set (150)
Which of the following statements is not true with The correct answer is "b." Answers a, c, and d are all correct statements
respect to the Model Penal Code (MPC)? regarding the MPC. As stated in the hornbook, "It is appropriate that the several
states should have significant variations in their penal laws, based upon
a) It was compiled by the American Law Institute. differences in local conditions or points of view." So, as choice d states, the main
b) The MPC has been adopted verbatim by virtually purpose of the MPC is to serve as an aid to legislatures in enacting their own
every jurisdiction. rules. Jurisdictions adopt their own criminal codes, often using the MPC as a
c) While it is a model code, it is not a uniform code, significant guide.
because it is important for the states to have their own
criminal laws.
d) A main purpose of the MPC is to serve as a
compilation of alternative methods of dealing with issues
in criminal law, as an aid to be used by legislatures when
enacting criminal laws.
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Each crime will have, as a part of its definition, which of The correct answer is "a." Motive is not an element of criminal liability. In addition,
the following elements? a criminal statute is not required to list the defenses that can be asserted.
Therefore, choice a is the only correct answer.
a) A definition of the required criminal act (or omission to
act if there is a duty to act) that the defendant must
perform.
b) A definition of the required motive the defendant must
have when committing the crime.
c) A listing of the defenses that may be asserted to that
crime.
d) All of the above.
Which of the following is not a source of criminal laws? The correct answer is "c" As stated in the video; "In general, there are three main
sources of criminal laws: the common law, constitutions, and statutes."
a) The common law.
b) State and federal constitutions.
c) Public opinion.
d) State and federal statutes.
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Which of the following is not currently accepted as a The correct answer is "c." See the hornbook Section 1.5.
rationale for punishment of criminal behavior?
a) Deterrence.
b) Education.
c) Pacification.
d) Restoration.
A defendant may not be convicted of a crime until: The correct answer is "c." The constitution requires that, in order for there to be a
conviction, it be proven "beyond a reasonable doubt" that a defendant is guilty
a) The defendant has been indicted by a grand jury. of that crime.
b) guilt is established by clear and convincing evidence.
c) guilt is established beyond a reasonable doubt.
d) guilt is established by a preponderance of the
evidence.
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Which of the following terms refer to the mental part of a The correct answer is "b." Hopefully, if you were not familiar with these Latin
crime? terms, you did a little research to discover what each one means. Mens Rea
(which means "guilty mind") refers to the mental state the defendant must possess
a) actus reus to be guilty of a crime. Actus Reus (which means "guilty act") refers to the act or
b) mens rea omission that constitutes the criminal action. Caveat emptor (which means "let the
c) caveat emptor buyer beware") would have no application to the parts of a crime. Corpus delicti
d) corpus delicti (which means "the body of the crime") refers to evidence establishing that a
crime has been committed.
Which of the following is the most accurate statement? The correct answer is "a." Most jurisdictions have abolished common law crimes
a) and replaced them with statutory crimes. Answer b is wrong because a single
Most crimes today are defined by statute. crime may have differing requirements for mens rea. Answer c is wrong because
b) a statutory definition of a crime may contain no adverbs or phrases indicating a
Each crime must require only one specific form of mens requirement of fault; instead fault may be inherent in the verb employed by the
rea. statute. Answer d is wrong because some crimes are strict liability crimes that do
c) not have a mens reas requirement.
All statutory crimes will contain some adverbs or phrases
suggesting the type of fault required as an element of
the offense.
d)
All crimes require both that the defendant commit a
prohibited act or failure to do some act with a guilty
mind.
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Terms in this set (150)
Which of the following statements is not true with The correct answer is "b." Answers a, c, and d are all correct statements
respect to the Model Penal Code (MPC)? regarding the MPC. As stated in the hornbook, "It is appropriate that the several
states should have significant variations in their penal laws, based upon
a) It was compiled by the American Law Institute. differences in local conditions or points of view." So, as choice d states, the main
b) The MPC has been adopted verbatim by virtually purpose of the MPC is to serve as an aid to legislatures in enacting their own
every jurisdiction. rules. Jurisdictions adopt their own criminal codes, often using the MPC as a
c) While it is a model code, it is not a uniform code, significant guide.
because it is important for the states to have their own
criminal laws.
d) A main purpose of the MPC is to serve as a
compilation of alternative methods of dealing with issues
in criminal law, as an aid to be used by legislatures when
enacting criminal laws.
https://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky
,Crim Lawhttps://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky
Each crime will have, as a part of its definition, which of The correct answer is "a." Motive is not an element of criminal liability. In addition,
the following elements? a criminal statute is not required to list the defenses that can be asserted.
Therefore, choice a is the only correct answer.
a) A definition of the required criminal act (or omission to
act if there is a duty to act) that the defendant must
perform.
b) A definition of the required motive the defendant must
have when committing the crime.
c) A listing of the defenses that may be asserted to that
crime.
d) All of the above.
Which of the following is not a source of criminal laws? The correct answer is "c" As stated in the video; "In general, there are three main
sources of criminal laws: the common law, constitutions, and statutes."
a) The common law.
b) State and federal constitutions.
c) Public opinion.
d) State and federal statutes.
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,Crim Lawhttps://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky
Which of the following is not currently accepted as a The correct answer is "c." See the hornbook Section 1.5.
rationale for punishment of criminal behavior?
a) Deterrence.
b) Education.
c) Pacification.
d) Restoration.
A defendant may not be convicted of a crime until: The correct answer is "c." The constitution requires that, in order for there to be a
conviction, it be proven "beyond a reasonable doubt" that a defendant is guilty
a) The defendant has been indicted by a grand jury. of that crime.
b) guilt is established by clear and convincing evidence.
c) guilt is established beyond a reasonable doubt.
d) guilt is established by a preponderance of the
evidence.
https://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky
, Crim Lawhttps://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky https://www.stuvia.com/user/gabrielucky
Which of the following terms refer to the mental part of a The correct answer is "b." Hopefully, if you were not familiar with these Latin
crime? terms, you did a little research to discover what each one means. Mens Rea
(which means "guilty mind") refers to the mental state the defendant must possess
a) actus reus to be guilty of a crime. Actus Reus (which means "guilty act") refers to the act or
b) mens rea omission that constitutes the criminal action. Caveat emptor (which means "let the
c) caveat emptor buyer beware") would have no application to the parts of a crime. Corpus delicti
d) corpus delicti (which means "the body of the crime") refers to evidence establishing that a
crime has been committed.
Which of the following is the most accurate statement? The correct answer is "a." Most jurisdictions have abolished common law crimes
a) and replaced them with statutory crimes. Answer b is wrong because a single
Most crimes today are defined by statute. crime may have differing requirements for mens rea. Answer c is wrong because
b) a statutory definition of a crime may contain no adverbs or phrases indicating a
Each crime must require only one specific form of mens requirement of fault; instead fault may be inherent in the verb employed by the
rea. statute. Answer d is wrong because some crimes are strict liability crimes that do
c) not have a mens reas requirement.
All statutory crimes will contain some adverbs or phrases
suggesting the type of fault required as an element of
the offense.
d)
All crimes require both that the defendant commit a
prohibited act or failure to do some act with a guilty
mind.
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