Test Bank For Criminal Law 12th Edition by Thomas J. Gardner

True / False 1. A party to a crime could be a person who aids and assists in the commission of the crime. a. True b. False ANSWER: True REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Remember 2. The term mens rea refers to the harm caused by the defendant’s forbidden act. a. True b. False ANSWER: False REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Remember 3. Not all crimes require proof that a defendant had a specific intent to achieve a specific end. a. True b. False ANSWER: True REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN:15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember 4. Motive is an essential element of most criminal offenses. a. True b. False ANSWER: False REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN.15.03.05 - 03.05 KEYWORDS: Bloom’s: Remember 5. The motor vehicle codes of most states contain strict liability statutes. a. True b. False ANSWER: True REFERENCES: Strict Liability Crimes LEARNING OBJECTIVES: CRLA.GAAN.15.03.06 - 03.06 KEYWORDS: Bloom’s: Remember 6. According to the Model Penal Code, purposeful is a higher degree of culpability than negligent. a. True b. False ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: True Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.04 - 03.04 Bloom’s: Remember 7. In the past, the year-and-a-day rule requires that criminal defendants be charged within that time frame following the unlawful act. a. True b. False ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: False Proximate Cause or Causation CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember 8. The use of presumptions in the prosecution’s case never present due process problems. a. True b. False ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: False The Use of Presumptions and Inferences in Criminal Law CRLA.GAAN.15.03.08 - 03.08 Bloom’s: Remember 9. One cannot be guilty of possession of stolen property if one does not know property is stolen. a. True b. False ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: True Possession Alone as a Crime CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember 10. Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other facts may be presumed to be true. a. True b. False ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: True The Use of Presumptions and Inferences in Criminal Law CRLA.GAAN.15.03.08 - 03.08 Bloom’s: Remember Multiple Choice 11. The Latin term actus reus means a. strict liability b. guilty act c. guiltymind d. elements of a crime ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Remember 12. The Latin term mens rea refers to a. strict liability b. guilty act c. guiltymind d. elements of a crime b Crimes Requiring Proof of Mental Fault ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Remember c Crimes Requiring Proof of Mental Fault 13. According to the Model Penal Code, a person who consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct, acts a. purposely b. knowingly c. recklessly d. negligently ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.04 - 03.04 KEYWORDS: Bloom’s: Remember c Crimes Requiring Proof of Mental Fault 14. According to the Model Penal Code, how is a person acting, with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct? a. purposely b. knowingly c. recklessly d. negligently ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: d Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.04 - 03.04 Bloom’s: Remember 15. Thinking of committing a crime without performing a criminal act is a. never a crime b. a crime in many states c. a strict liability crime d. difficult to prove beyond a reasonable doubt ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: a Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Remember 16. Most crimes require the concurrence of which of the following? a. act and proximate cause b. guilty act and guilty mind c. guilty mind and causation d. act and omission ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: b Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Remember 17. To obtain a conviction, the prosecution has the burden of proving every element of the crime a. by a preponderance of the evidence b. by clear and convincing evidence c. beyond a reasonable doubt d. beyond a shadow of a doubt ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: c Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Remember 18. Which of the following terms refers to an individual’s mental state? a. mens rea b. actus reus c. scienter d. proximate cause ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Remember a Crimes Requiring Proof of Mental Fault 19. To find a defendant guilty of the crime of receiving stolen property, most states a. do not require scienter b. require proof the defendant knew the property was stolen c. require proof the defendant committed the theft d. require proof the defendant had a motive ANSWER: b REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Remember 20. In criminal law, motive refers to a. criminal intent b. the defendant’s mental state while committing the crime c. the reason the defendant committed the crime d. a necessary element of every crime ANSWER: c REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN:15.03.05 - 03.05 KEYWORDS: Bloom’s: Remember 21. In a criminal trial, motive a. is always relevant evidence b. alone, is sufficient evidence for a conviction c. is required for conviction d. is the same as criminal intent ANSWER: a REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN.15.03.05 - 03.05 KEYWORDS: Bloom’s: Remember 22. A strict liability offense is one without a. motive b. proximate cause c. criminal intent d. a guilty act ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.06 - 03.06 KEYWORDS: Bloom’s: Remember 23. Strict liability statutes a. generally provide for harsh penalties b. do not require the prosecutor to prove criminal intent c. require a particular state of mind at the time of the act d. are considered true crimes ANSWER: b REFERENCES: Strict Liability Crimes LEARNING OBJECTIVES: CRLA.GAAN.15.03.06 - 03.06 KEYWORDS: Bloom’s: Remember 24. Which of the following areas include strict liability crimes? a. traffic violations b. narcotics laws c. public health laws d. all of these include strict liability crimes ANSWER: d REFERENCES: Strict Liability Crimes LEARNING OBJECTIVES: CRLA.GAAN.15.03.06 - 03.06 KEYWORDS: Bloom’s: Remember 25. In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law a. requires the defendant to testify b. allows defendants to use the victim’s consent as a defense c. contains a scienter element d. does not allow mistake as to the age of the minor to be used as a defense ANSWER: d REFERENCES: Strict Liability Crimes LEARNING OBJECTIVES: CRLA.GAAN.15.03.06 - 03.06 KEYWORDS: Bloom’s: Remember c Strict Liability Crimes 26. For crimes in which a harm has occurred, the state must prove a. the harm to the victim occurred immediately b. the defendant’s act was the ordinary and proximate cause of the harm c. both that harm to the victim occurred immediately, and that the defendant’s act was the ordinary and proximate cause of the harm d. neither that harm to the victim occurred immediately, nor that the defendant’s act was the ordinary and proximate cause of the harm ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: b Proximate Cause or Causation CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember 27. While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction a. always makes a difference b. does not always make a difference c. is never important d. is always important ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: b Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.04 - 03.04 Bloom’s: Remember 28. The year-and-a-day murder rule a. requires the victim die within a year and a day b. has been abolished or amended in many states c. requires the victim die within a year and a day, and has been abolished or amended in many states d. does not require the victim die within a year and a day, and has not been abolished or amended in many states ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: b Proximate Cause or Causation CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember 29. The offense of carrying an unauthorized concealed weapon requires a showing of a. actual possession b. constructive possession c. either actual or constructive possession d. ownership of the weapon by the defendant ANSWER: a REFERENCES: Possession Alone as a Crime LEARNING OBJECTIVES: CRLA.GAAN.15.03.07 - 03.07 KEYWORDS: Bloom’s: Remember 30. The mental element required in possession offenses is generally that of a. intent or knowledge b. recklessness c. negligence d. no mental element is required ANSWER: a REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Remember 31. The intent necessary for one or more elements of an offense is: a. specific intent b. global intent c. mental intent d. knowledgeable intent ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember a Crimes Requiring Proof of Mental Fault 32. The mental purpose or design to commit a specific act is called: a. intent b. motive c. recklessness d. negligence ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember a Crimes Requiring Proof of Mental Fault 33. The cause, inducement, or reason why an act is committed is called: a. intent b. motive c. recklessness d. negligence ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.05 - 03.05 KEYWORDS: Bloom’s: Remember b Crimes Requiring Proof of Mental Fault 34. Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving: a. an element of the crime charged b. guilt beyond a reasonable doubt c. motive d. negligence ANSWER: a REFERENCES: The Use of Presumptions and Inferences in Criminal Law LEARNING OBJECTIVES: CRLA.GAAN.15.03.09 - 03.09 KEYWORDS: Bloom’s: Remember 35. Which of the following is a name given to crimes which require no specific intent? a. general intent crimes b. conclusive intent crimes c. substantive intent crimes d. reasonable intent crimes ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember a Crimes Requiring Proof of Mental Fault 36. What is the highest degree of culpability according to the Model Penal Code? a. purpose b. knowledge c. recklessness d. negligence ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.04 - 03.04 KEYWORDS: Bloom’s: Remember a Crimes Requiring Proof of Mental Fault 37. Which of the following crimes includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen? a. receiving stolen property b. robbery c. possession of illegal substances d. homicide ANSWER: a REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN.15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember 38. Which of the following is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes? a. motive b. intent c. guilt d. all of these answers are essential elements ANSWER: a REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN.15.03.05 - 03.05 KEYWORDS: Bloom’s: Remember 39. Motive can be important evidence in determining: a. punishment b. guilty c. recklessness d. negligence ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.05 - 03.05 KEYWORDS: Bloom’s: Remember a Crimes Requiring Proof of Mental Fault 40. Which of the following crimes require specific intent? a. first-degree murder b. selling alcohol to an underage person c. distribution of illegal drugs d. unregistered hand grenades ANSWER: a REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN.15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember In the state of WI during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching -20 degrees. Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police. . During this incident, Johnny displayed: a. Reasonable doubt b. Due process c. Actus Reus d. Mens Rea ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: c Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.01 - 03.01 Bloom’s: Apply . During this incident, Johnny was not arrested because he didn’t have: a. Reasonable doubt b. Due process c. Actus Reus d. Mens Rea ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: d Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Apply . For Johnny to be convicted of a crime, the prosecutor must: a. Provide proof beyond a reasonable doubt b. Prove due process c. Prove mens rea d. Provide Actus Reus ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: a Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Apply 41 42 43 Susie “pick pocket” Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. . Susie could be arrested for a. Possession of criminal tools b. Possession of illegal tools c. Possession of burglary tools d. Possession of stolen tools ANSWER: c REFERENCES: Possession Alone as a Crime LEARNING OBJECTIVES: CRLA.GAAN.15.03.07 - 03.07 KEYWORDS: Bloom’s: Apply . Susie hides stolen goods away, and only she knows where they are located. She does not possess them but would be guilty nonetheless of a. constructive possession b. receiving stolen goods c. carrying possession d. illegal possession ANSWER: a REFERENCES: Possession Alone as a Crime LEARNING OBJECTIVES: CRLA.GAAN.15.03.07 - 03.07 KEYWORDS: Bloom’s: Apply . Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account for, and the personal belongings of people she does not know, who have reported the items as stolen. Investigators can presume a. that Susie found them b. that Susie stole them c. that Susie was returning them d. nothing ANSWER: b REFERENCES: The Use of Presumptions and Inferences in Criminal Law LEARNING OBJECTIVES: CRLA.GAAN.15.03.08 - 03.08 KEYWORDS: Bloom’s: Apply 44 45 46 Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 Kilos of cocaine and 4 pounds of marijuana. . Julie can be arrested and charged because she had these items a. in her bag b. in her possession c. on her while she was committing a crime (Jay Walking) d. in her upper body area ANSWER: b REFERENCES: Possession Alone as a Crime LEARNING OBJECTIVES: CRLA.GAAN.15.03.07 - 03.07 KEYWORDS: Bloom’s: Apply . Due to the large amount of drugs on Julie’s possession, a judge or jury could easily conclude that she is a drug dealer instead of a drug user. This conclusion is referred to as a a. Inference b. Due Process c. Mens rea d. Actus reus ANSWER: a REFERENCES: P. 80 . Due to the large amount of drugs on Julie’s possession, a judge could easily conclude that what exists? a. Due process b. Inference c. Scienter d. Mens reus ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.02 - 03.02 KEYWORDS: Bloom’s: Apply c Crimes Requiring Proof of Mental Fault 50. Due to the large amount of drugs on Julie’s possession, the State should be able to easily prove: a. mens rea b. presumption c. strict liability d. scienter ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01 KEYWORDS: Bloom’s: Apply a Crimes Requiring Proof of Mental Fault 47 48 49 51. A form of specific intent requiring the showing that an actor knew of the existence of certain facts is called a. specific intent b. scienter c. mental intent d. knowledgeable intent ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember 54. The forbidden act (or failure to act) is called the a. act element b. criminal element c. timed element d. strict element ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN.15.03.06 - 03.06 KEYWORDS: Bloom’s: Remember b Crimes Requiring Proof of Mental Fault 52. A situation where one cannot be found guilty of possession of stolen goods if they did not know they were stolen is an example of a. specific intent b. scienter c. mental intent d. knowledgeable intent ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember b Crimes Requiring Proof of Mental Fault 53. If a statute requires knowledge about a certain fact, then the prosecution must be able to __ that knowledge. a. infer b. prove c. presume d. explain ANSWER: REFERENCES: LEARNING OBJECTIVES: CRLA.GAAN:15.03.02 - 03.02 KEYWORDS: Bloom’s: Remember b Crimes Requiring Proof of Mental Fault a Strict Liability Crimes 55. The harm that was done was the natural and probable result of the wrongful act is called the a. act element b. mental element c. harm element d. cause element ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: d Strict Liability Crimes CRLA.GAAN.15.03.06 - 03.06 Bloom’s: Remember 56. The wrong done is called the a. act element b. mental element c. harm element d. cause element ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: c Strict Liability Crimes CRLA.GAAN.15.03.06 - 03.06 Bloom’s: Remember 57. Which of the following area is not included in strict liability crimes? a. traffic violations b. narcotics laws c. public health laws d. first-degree murder ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: d Strict Liability Crimes CRLA.GAAN.15.03.06 - 03.06 Bloom’s: Remember 58. The maxim "ignorance of the law is no excuse" is applicable a. in most cases b. only in strict liability cases c. in most cases except strict liability cases d. almost never ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: a Strict Liability Crimes CRLA.GAAN.15.03.06 - 03.06 Bloom’s: Remember 59. Presumptions fall into two categories, they are a. rebuttable and irrebuttable b. presumptive and nonpresumptive c. general and specific d. negligible and nonnegligible ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: a The Use of Presumptions and Inferences in Criminal Law CRLA.GAAN.15.03.08 - 03.08 Bloom’s: Remember 60. What must occur before a presumption can be rejected by a judge or jury? a. other evidence must come to light b. the defendant must reject it c. the judge must rule it out of order d. the prosecutor must accept the fallibility of the presumption ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: a The Use of Presumptions and Inferences in Criminal Law CRLA.GAAN.15.03.08 - 03.08 Bloom’s: Remember Completion 61. Mens rea is the criminal ____ or state of mind. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: intent Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Remember 62. The reason a person commits a crime is called _________. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: motive Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.05 - 03.05 Bloom’s: Remember 63. An offense which requires no mens rea, such as speeding, is a strict __________ offense. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: liability Strict Liability Crimes CRLA.GAAN.15.03.06 - 03.06 Bloom’s: Remember 64. According to the Model Penal Code, a person acts __________ when she consciously disregards a substantial and unjustifiable risk. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: 65. The categories of culpability ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: recklessly Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.04 - 03.04 Bloom’s: Remember from the Model Penal Code include purpose, knowledge, recklessness, and . negligence Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.04 - 03.04 Bloom’s: Remember 66. Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: constructive Possession Alone as a Crime CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember 67. Only rarely is written evidence of the ____ of a defendant available to the state. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: intent Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.02 - 03.02 Bloom’s: Remember 68. A statement of substantive law that cannot be overcome with evidence showing otherwise is known as a ______________ presumption. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: conclusive The Use of Presumptions and Inferences in Criminal Law CRLA.GAAN.15.03.09 - 03.09 Bloom’s: Remember 69. The penalties for ___ liability offenses are usually lighter than “true” crimes. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: strict Strict Liability Crimes CRLA.GAAN.15.03.06 - 03.06 Bloom’s: Remember 70. Proximate cause is the ordinary and ____ cause of a result. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: probable Proximate Cause or Causation CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember 71. Actus rea is the ____ act or omission. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: forbidden Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Remember 72. A form of specific intent requiring a showing that the actor knew of the existence of certain facts is called ___. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: scienter Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.02 - 03.02 Bloom’s: Remember 73. The mental purpose or design to commit a specific act is called ___. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: intent Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.02 - 03.02 Bloom’s: Remember 74. The ordinary and probable cause of a result is called the ____. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: proximate cause Proximate Cause or Causation CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember 75. The time under common law for an individual to be held responsible for the cause of someone's death was ____. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: year and a day Proximate Cause or Causation CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Remember Essay 76. Define mens rea. Define actus reus. Explain the differences between the two. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: N/A Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.01 - 03.01 Bloom’s: Understand 77. Explain the difference between specific intent and general intent crimes. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: N/A Crimes Requiring Proof of Mental Fault CRLA.GAAN:15.03.02 - 03.02 Bloom’s: Understand 78. Explain the difference between motive and intent. Which is generally more important in a criminal trial? Why? ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: N/A Crimes Requiring Proof of Mental Fault CRLA.GAAN.15.03.05 - 03.05 Bloom’s: Understand 79. What types of evidence can prosecutors introduce at trial in order to prove a defendant’s mens rea beyond a reasonable doubt? ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: N/A The Use of Presumptions and Inferences in Criminal Law CRLA.GAAN.15.03.08 - 03.08 Bloom’s: Understand 80. What is a conclusive presumption? Why are conclusive presumptions prohibited? ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: N/A The Use of Presumptions and Inferences in Criminal Law CRLA.GAAN.15.03.09 - 03.09 Bloom’s: Understand 81. What are strict liability crimes and why are some behaviors considered illegal even though the defendant had no criminal intent? Give examples of strict liability crimes. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: N/A Strict Liability Crimes CRLA.GAAN.15.03.06 - 03.06 Bloom’s: Understand 82. Explain the “year and a day rule” as it relates to the crime of murder and the requirement that a crime be the proximate cause of the victim’s injuries. Describe how and why the rule has evolved over the years. ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: N/A Proximate Cause or Causation CRLA.GAAN.15.03.07 - 03.07 Bloom’s: Understand 83. When criminal intent or another mental element is an essential element of a crime, the state has the burden of proving the required element. Explain two ways that proof of this element may be made. Provide examples. ANSWER: N/A REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN.15.03.02 - 03.02 KEYWORDS: Bloom’s: Understand 84. What is the mental state (element) that generally must be proved in possession offenses? Do criminal statutes require that ownership of the property be proved? Why or why not? ANSWER: N/A REFERENCES: Crimes Requiring Proof of Mental Fault LEARNING OBJECTIVES: CRLA.GAAN.15.03.04 - 03.04 KEYWORDS: Bloom’s: Understand 85. How do presumptions and inferences help a fact finder conclude that facts have been proved? Why are they important in the criminal law? What is the difference between a presumption and an inference? ANSWER: N/A REFERENCES: The Use of Presumptions and Inferences in Criminal Law LEARNING OBJECTIVES: CRLA.GAAN.15.03.08 - 03.08 KEYWORDS: Bloom’s: Understand