Criminal Law 11th Edition by Joel Samaha – Test Bank
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Sample Test
Chapter 3 Test Bank
The Criminal Act: The First Principle of Criminal Liability
MULTIPLE CHOICE
1. Criminal
conduct consists of how many elements?
|
a. |
two |
|
b. |
one |
|
c. |
six |
|
d. |
eight |
ANS: B
REF: p.
95 OBJ:
1
2. The
majority of minor crimes against public order and morals do not include
|
a. |
mens rea. |
|
b. |
the voluntary requirement. |
|
c. |
actus reus. |
|
d. |
a legal duty to obey. |
ANS: A
REF: p.
94
OBJ: 2
3. Criminal
conduct that qualifies for criminal punishment is the definition of
|
a. |
result liability. |
|
b. |
civil liability. |
|
c. |
criminal liability. |
|
d. |
conduct liability. |
ANS: C
REF: p.
94
OBJ: 1
4. Those
crimes requiring a criminal act triggered by criminal intent are
|
a. |
result crimes. |
|
b. |
conduct crimes. |
|
c. |
intentional crimes. |
|
d. |
felonies. |
ANS: B
REF: p.
95
OBJ: 2
5. Criminal
liability is defined as criminal conduct that qualifies for criminal:
|
a. |
punishment |
|
b. |
mens rea |
|
c. |
conspiracy |
|
d. |
murder |
ANS:
A
REF: p. 95
OBJ: 2
6. The
requirement that mental attitudes have to turn into deeds is called
|
a. |
manifest criminality. |
|
b. |
a voluntary act. |
|
c. |
mens rea. |
|
d. |
attendant circumstance. |
ANS:
A
REF: p. 97
OBJ: 4
7. Only
voluntary acts qualify as criminal
|
a. |
pro se. |
|
b. |
mens rea. |
|
c. |
actus reus. |
|
d. |
caveat emptor. |
ANS:
C
REF: p.
97
OBJ: 4
8. In
the English case King
v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because
9. her
acts were done while asleep and thus were not voluntary.
10.
she was insane at the time of the crime.
11.
she did not cause the death.
12.
there was no concurrence between the acts and the result.
ANS:
A
REF: p.
100
OBJ: 4
9. Most
offenses that don’t require a mens
rea do include which of the following?
|
a. |
a moral but not legal transgression |
|
b. |
a lapse of good judgment but not
criminal |
|
c. |
a criminal omission |
|
d. |
an attendant circumstances element |
ANS:
D
REF: p.
96
OBJ: 3
10.
The character or condition of a person or a thing is known as
its
|
a. |
status |
|
b. |
reus |
|
c. |
manus |
|
d. |
prospectus |
ANS:
A
REF: p. 104
OBJ: 6
11.
Which doctrine imposes a legal duty to help or call for help for
imperiled strangers?
|
a. |
“Family Member” doctrine |
|
b. |
health care professionals rule |
|
c. |
the American Bystander rule |
|
d. |
the “Good Samaritan” doctrine |
ANS:
D
REF: p.
106
OBJ: 8
12.
Most states follow which of the following?
|
a. |
“Family Member” doctrine |
|
b. |
health care professionals rule |
|
c. |
the American Bystander rule |
|
d. |
the “Good Samaritan” doctrine |
ANS: C
REF: p.
107
OBJ: 8
13.
Which of the following are the two kinds of criminal possession?
|
a. |
actual possession and constructive
possession |
|
b. |
real possession and constructive
possession |
|
c. |
actual possession and fictional
possession |
|
d. |
actual possession and factual
possession |
ANS:
A
REF: p.
116
OBJ: 9
14.
Which type of possession is it when one has physical control of
banned stuff?
|
a. |
constructive possession |
|
b. |
actual possession |
|
c. |
knowing possession |
|
d. |
mere possession |
ANS:
B
REF: p.
116
OBJ: 9
15.
When you possess something you don’t know you possess, it is
called
|
a. |
constructive possession. |
|
b. |
actual possession. |
|
c. |
knowing possession. |
|
d. |
mere possession. |
ANS:
D
REF: p.
116
OBJ: 9
16.
Which of the following refers to who we are?
|
a. |
action |
|
b. |
Status |
|
c. |
possession |
|
d. |
Duty |
ANS: B
REF: p.
104
OBJ: 6
17.
Which of the following refers to what we do?
|
a. |
action |
|
b. |
status |
|
c. |
possession |
|
d. |
duty |
ANS:
A
REF: p.
104
OBJ: 6
18.
In Robinson
v. California (1962), the Supreme Court held that Robinson’s
conviction must be
|
a. |
upheld because his addiction resulted
from a voluntary act. |
|
b. |
upheld because people addicted to
narcotics are a danger to themselves
and
others. |
|
c. |
reversed because a person cannot be
punished for a status or condition. |
|
d. |
reversed because there was no showing
that Robinson was dangerous. |
ANS:
C
REF: p.
104
OBJ: 6
19.
The existence of a legal duty is what element of a crime?
|
a. |
attendant circumstance |
|
b. |
Adjunct |
|
c. |
concurrent |
|
d. |
permissive |
ANS:
A
REF: p.
106
OBJ: 8
20.
Which of the following is not one of the most
common of criminal possession crimes?
|
a. |
possession of weapons |
|
b. |
possession of illegal drugs |
|
c. |
possession of drug paraphernalia |
|
d. |
possession of child pornography |
ANS:
D
REF: p.
116
OBJ: 9
21.
The criminal law refers to a failure to act when there is a
legal duty to act as
|
a. |
an omission. |
|
b. |
a commission. |
|
c. |
a breach of contract. |
|
d. |
a refusal. |
ANS:
A
REF: p.
108
OBJ: 8
22.
A legal fiction turns what into an act, although it is really a
passive state?
|
a. |
legal duty |
|
b. |
omission |
|
c. |
possession |
|
d. |
convolutionism |
ANS:
C
REF: p.
115
OBJ: 9
23.
Legal duties can arise from
|
a. |
statutes, contracts, and omissions. |
|
b. |
statutes, contracts, and special
relationships. |
|
c. |
moral obligations that are generally
recognized. |
|
d. |
laws that require certain events to be
reported. |
ANS:
B
REF: p.
106
OBJ: 8
24.
If there is no criminal conduct, there’s no criminal
|
a. |
possession. |
|
b. |
liability. |
|
c. |
omission. |
|
d. |
issue. |
ANS:
B
REF: p.
94
OBJ: 1
25.
A friend of yours puts illegal drugs into your backpack without
your knowledge. This is known as
|
a. |
constructive possession of the drugs. |
|
b. |
knowing possession of the drugs. |
|
c. |
mere possession of the drugs. |
|
d. |
real possession of illegal drugs. |
ANS:
C
REF: p.
116
OBJ: 10
26.
What type of possession is required by most states before an act
can be criminalized?
|
a. |
knowing |
|
b. |
mere |
|
c. |
constructive |
|
d. |
perfunctory |
ANS:
A
REF: p.
116
OBJ: 10
27.
The concurrence element means that a criminal intent has to
|
a. |
trigger the criminal act. |
|
b. |
lead directly to the harm. |
|
c. |
be the legal cause of the result. |
|
d. |
flow from the act. |
ANS:
A
REF: p.
95
OBJ: 1
28.
Serious crimes that include (1) a voluntary act, (2) the mental
element (3) circumstantial elements, (4) causation and (5) criminal harm are
also called
|
a. |
harm crimes. |
|
b. |
mens rea crimes. |
|
c. |
causation crimes. |
|
d. |
bad result crimes. |
ANS:
D
REF: p.
96
OBJ: 2
29.
Some serious crimes include five elements. Which of the
following is not one of those elements?
|
a. |
a voluntary act |
|
b. |
the mental element |
|
c. |
causation |
|
d. |
omission |
ANS:
D
REF: p.
96
OBJ: 2
30.
For an omission to be considered a crime, what must exist?
|
a. |
a compulsion to act |
|
b. |
a legal duty to act |
|
c. |
a moral duty to act |
|
d. |
a necessity to act |
ANS:
B
REF: p.
97
OBJ: 8
31.
Which of the following cannot be a criminal act?
|
a. |
fantasizing |
|
b. |
speech |
|
c. |
possession |
|
d. |
omission to act |
ANS:
A
REF: p.
97
OBJ: 4
32.
What modern phrase comes from the ancient idea of manifest
criminality?
|
a. |
a bird in the hand is worth two in the
bush |
|
b. |
between a rock and a hard place |
|
c. |
stuck in a rut |
|
d. |
caught red-handed |
ANS:
D
REF: p.
97
OBJ: 2
33.
Which of the following is a voluntary act?
|
a. |
being addicted to the use of narcotics |
|
b. |
knowing possession |
|
c. |
attacking someone while sleepwalking |
|
d. |
assaulting someone while suffering from
automatism |
ANS:
B
REF: p.
116
OBJ: 4
34.
In the plurality opinion in Powell v. Texas (1967), the conviction
for public drunkenness was
|
a. |
affirmed because Powell was not
punished for being an alcoholic but for the act of being drunk in a public
place. |
|
b. |
affirmed because Powell was being
punished for being afflicted with alcoholism. |
|
c. |
reversed because Powell was being
punished for being a chronic alcoholic. |
|
d. |
reversed because Powell committed
no actus reus. |
ANS:
A
REF: p.
104
OBJ: 6
35.
Which of the following are the two kinds of criminal omission?
|
a. |
failure to observe and failure to
intervene |
|
b. |
failure to report and failure to
observe |
|
c. |
failure to move and failure to
intervene |
|
d. |
failure to report and failure to
intervene |
ANS:
D
REF: p.
106
OBJ: 8
36.
Which of the following is not one of the four building
blocks of criminal codes?
|
a. |
criminal act |
|
b. |
criminal intent |
|
c. |
concurrence |
|
d. |
bad intent |
ANS:
D
REF: p.
94
OBJ: 1
37.
Crimes requiring a criminal act triggered by criminal intent are
called
|
a. |
bad intent crimes |
|
b. |
public order crimes |
|
c. |
conduct crimes |
|
d. |
special crimes |
ANS:
C
REF: p.
95
OBJ: 2
38.
Which of the following is the most prominent result crime?
|
a. |
criminal homicide |
|
b. |
criminal manslaughter |
|
c. |
criminal rape |
|
d. |
criminal voyeurism |
ANS:
A
REF: p.
95
OBJ: 2
39.
Most statutes adopt what MPC rule?
|
a. |
one-voluntary-act-is-enough rule |
|
b. |
no-voluntary-act-is-enough rule |
|
c. |
any-voluntary-act-is-enough rule |
|
d. |
most-voluntary-act-is-enough rule |
ANS:
A
REF: p.
98
OBJ: 4
40.
Automatism is the name given to
|
a. |
unconscious bodily movements |
|
b. |
intoxicated bodily movements |
|
c. |
conscious bodily movements |
|
d. |
static bodily movements |
ANS:
A
REF: p.
100
OBJ: 4
41.
Defenses based on creating a reasonable doubt about the
prosecution’s proof of a voluntary act are called
|
a. |
fault-based defenses |
|
b. |
default-based defenses |
|
c. |
non-fault-based defenses |
|
d. |
voluntary-act-based defenses |
ANS:
A
REF: p.
100
OBJ: 5
42.
Which of the following is a status that is voluntary?
|
a. |
addiction |
|
b. |
sex |
|
c. |
race |
|
d. |
age |
ANS:
A
REF: p.
104
OBJ: 6
43.
According to the general principle of actus reus, every crime
has to include at least one
|
a. |
act |
|
b. |
voluntary act |
|
c. |
involuntary act |
|
d. |
intended act |
ANS: B
REF: p.
104
OBJ: 7
44.
The Supreme Court has left adoption of general principles of
liability and elements of specific crimes in criminal codes to
|
a. |
legislatures |
|
b. |
fact-finding commission |
|
c. |
the American Law Institute |
|
d. |
local courts |
ANS:
A
REF: p.
104
OBJ: 7
45.
Failure to act is a crime only when
|
a. |
there is a legal duty to act |
|
b. |
there are no police to do anything |
|
c. |
a law is specifically written to
address the act |
|
d. |
the failure to act is reported |
ANS:
A
REF: p.
106
OBJ: 8
Case 3.1
Bill is leaving work when a co-worker asks him to drop off a
package at the post office on his way home. The co-worker explains that he must
work late and can’t get to the post office before it closes. Bill stops at the
post office and is met by police officers with drug-sniffing canines who
discover the package his co-worker gave him contains cocaine.
46.
Bill is guilty of what kind of possession?
|
a. |
knowing possession |
|
b. |
mere possession |
|
c. |
concurrent possession |
|
d. |
constructive possession |
ANS:
B
REF: p.
116
OBJ: 10
47.
Bill would not be guilty of a crime in most states, because most
states require
|
a. |
knowing possession |
|
b. |
mere possession |
|
c. |
concurrent possession |
|
d. |
constructive possession |
ANS:
A
REF: p.
116
OBJ: 10
Case 3.2
John is a construction worker. He is walking down the street
when he notices two children playing in the street. John continues on his way.
Shortly after he passes, one of the children is hit by a car and killed.
48.
John is not guilty of a criminal omission based on
|
a. |
the Apprendi doctrine. |
|
b. |
the Good Samaritan doctrine. |
|
c. |
the American bystander rule. |
|
d. |
the ban on forced intervention laws. |
ANS:
C
REF: p.
107
OBJ: 8
49.
If John were the parent of the child who was killed, what kind
of criminal omission might he be guilty of?
|
a. |
failure to report |
|
b. |
failure to intervene |
|
c. |
failure to omit |
|
d. |
failure to launch |
ANS:
B
REF: p.
106
OBJ: 8
Case 3.3
Julio is sleeping on the couch in his living room when his wife
arrives home from work. He is having a nightmare in which a man is trying to
kill him. His wife bends towards him on the couch to give him a hug and a kiss.
Julio strangles his wife thinking she is the man in the dream.
50.
What kind of defense would Julio’s lawyer most likely use at
trial?
|
a. |
a fault-based defense |
|
b. |
an affirmative defense |
|
c. |
an actus reus defense |
|
d. |
a status defense |
ANS:
A
REF: p.
100
OBJ: 4
51.
Julio’s behavior during his dream is also known as
|
a. |
automatism |
|
b. |
somnambulism |
|
c. |
hypnotism |
|
d. |
paroxism |
ANS:
A
REF: p.
100
OBJ: 4
52.
Julio is not guilty because of what missing element?
|
a. |
a voluntary act |
|
b. |
a criminal harm |
|
c. |
a bad result |
|
d. |
a circumstantial element |
ANS:
A
REF: p.
121
OBJ: 2
Case 3.4
Ling expected his parents to buy him a car for his graduation
from high school. His parents did not buy him a car. After his graduation Ling
began to think of ways to murder his parents so that he could have his
inheritance. Ling decided to cut the brake line on his parent’s car before they
went to dinner. Ling cut the brake line and his parents died as a result of a
car crash due to the failure of the brakes in their car.
53.
The part of Ling’s crime in which he thinks about murdering his
parents is called
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
concurrence |
|
d. |
attendant circumstances |
ANS:
B
REF: p.
94
OBJ: 1
54.
The part of Ling’s crime in which he cuts the brake line is
called
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
concurrence |
|
d. |
attendant circumstances |
ANS:
A
REF: p.
94
OBJ: 1
55.
The triggering of the criminal act by the criminal intent is
called
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
concurrence |
|
d. |
attendant circumstances |
ANS:
C
REF: p.
95
OBJ: 2
TRUE/FALSE
1. If
there’s no criminal conduct, there’s no criminal liability.
ANS: TRUE
REF: p.
93
OBJ: 3
2. The
term actus reus refers
to the act element of a crime.
ANS:
TRUE
REF: p.
94
OBJ: 1
3. All
crimes have to include a criminal act. That’s why it’s the first principle of
criminal liability.
ANS:
TRUE
REF: p.
94
OBJ: 1
4. In Robinson v. California,
the Supreme Court stated that it would be cruel and unusual punishment to
punish someone for a disease or illness.
ANS: TRUE
REF: p.
104
OBJ: 6
5. Offenses
that don’t require a mens
rea do include an attendant circumstances element.
ANS:
TRUE
REF: p.
94
OBJ: 8
6. The
general principle of actus
reus includes a voluntary act.
ANS:
TRUE
REF: p.
94
OBJ: 4
7. Failure
to file income taxes is an example of a failure to intervene crime.
ANS:
FALSE
REF: p.
106
OBJ: 8
8. Under
the Good Samaritan rule, strangers have a duty to aid other strangers in
danger.
ANS:
TRUE
REF: p.
106
OBJ: 8
9. Legal
duties are created in three ways: statutes, contracts, and specific
relationships.
ANS:
FALSE REF:
p. 106
OBJ: 8
10.
An omission to act is a crime only if there was a legal duty to
do the act.
ANS:
TRUE
REF: p.
109
OBJ: 8
11.
A parent-child relationship is an example of a “special relationship.”
ANS:
TRUE
REF: p.
109
OBJ: 8
12.
Criminal conduct is conduct that unjustifiably and inexcusably
inflicts or threatens substantial harm to individual or public interests.
ANS:
TRUE REF:
p. 120
OBJ: 3
13.
Constructive possession means the person has the item on them.
ANS:
FALSE
REF: p.
120
OBJ: 10
14.
Serious crimes include both a criminal act and mens rea.
ANS: TRUE
REF: p.
94
OBJ: 1
15.
Failure to act can never be a crime.
ANS:
FALSE
REF: p.
106
OBJ: 8
16.
We punish people for what they do, not for who they are.
ANS: TRUE
REF: p.
97
OBJ: 6
17.
A status or condition cannot be an actus reus.
ANS:
TRUE
REF: p.
94
OBJ: 6
18.
The requirement that attitudes have to turn into deeds is called
manifest criminality.
ANS:
TRUE
REF: p.
97
OBJ: 3
19.
The actus
reus requirement reserves the harsh sanction of the criminal
law for cases of actual danger.
ANS:
TRUE
REF: p.
94
OBJ: 3
20.
Criminal acts are voluntary bodily movements.
ANS:
TRUE
REF: p.
95
OBJ: 3
21.
Most states follow the Good Samaritan rule.
ANS:
FALSE
REF: p.
106
OBJ: 8
22.
It’s a rare crime that includes only a criminal act.
ANS:
TRUE
REF: p.
95
OBJ: 1
23.
Actus reus is
the criminal intent; the mental element in crime.
ANS:
FALSE
REF: p.
94
OBJ: 1
24.
Crimes requiring a criminal act triggered by criminal intent are
called result crimes.
ANS:
FALSE
REF: p.
96
OBJ: 2
25.
The most prominent result crime is criminal homicide.
ANS:
TRUE
REF: p.
96
OBJ: 2
26.
Only voluntary acts qualify as mens rea.
ANS:
FALSE
REF: p.
94
OBJ: 4
27.
Fault-based defenses are defenses based on creating a reasonable
doubt about the prosecution’s proof of a voluntary act.
ANS:
TRUE
REF: p. 100
OBJ: 5
28.
Affirmative defenses take place before the prosecution has
proved defendant’s criminal conduct.
ANS:
FALSE
REF: p.
100
OBJ: 5
29.
Status can arise in two ways.
ANS:
TRUE
REF: p. 104
OBJ: 6
30.
Every crime has to include at least one voluntary act.
ANS:
TRUE
REF: p.
98
OBJ: 7
COMPLETION
1. The
voluntary act is the first principle of criminal .
ANS: liability
REF: p. 98
OBJ: 1
2. The actus _______________
is the act element of the crime.
ANS: reus
REF: p. 94
OBJ: 5
3. The mens _______________is
the mental element of the crime.
ANS: rea
REF: p. 94
OBJ: 1
4. The
____________ element requires that the mental element trigger the act.
ANS: concurrence
REF: p. 95
OBJ: 1
5. Defenses
that take place after the prosecution has proved defendant’s criminal conduct
are defenses.
ANS: affirmative
REF: p. 100
OBJ: 3
6. Failure
to report and failure to intervene are criminal omissions only if defendants
had a to
act.
ANS: legal duty
REF: p. 106
OBJ: 8
7. A
failure to act is called a/n ____________.
ANS: omission
REF: p. 106
OBJ: 8
8. Nearly
all jurisdictions follow the approach of the bystander
rule.
ANS: American
REF: p. 107
OBJ: 8
9. It’s
only by means of a legal that
the principle of actus
reus includes possession.
ANS: fiction
REF: p.
115
OBJ: 9
10.
_______________ involves a connection between the mens rea and
the actus reus.
ANS: Concurrence
REF: p. 95
OBJ: 1
ESSAY
1. Define,
compare, and contrast constructive, actual, mere, and knowing possession. Be
sure to provide an example of each.
ANS: Constructive possession is banned items not on my person,
but places I control, for example, in my car or apartment. Actual possession is
physical control of banned items on my person, for example, marijuana in my
pocket. Mere possession means you don’t know what you possess. Knowing
possession is being aware of what is possessed.
REF: p.
116
OBJ: 10
2. Explain
the importance of the general principle of actus reus. Be sure to discuss the three purposes
served by the principle of actus
reus.
ANS: The actus
reus requirement is important because we punish people for
what they do, not who they are. It is important because without this general
principle it could be a crime to want to kill someone. The actus reus requirement
serves several purposes. First, acts help to prove intent. Second, it reserves
the harsh sanction of the criminal law for cases of actual danger. Third, it
protects the privacy of individuals.
REF: p.
94
OBJ: 1
3. What
is the principle of manifest criminality? Provide an example. Explain why you
agree or disagree with this principle.
ANS: This principle states that bad thoughts alone cannot be
criminalized. The person must show or manifest their criminality by committing
an act. There can be no crime without an act. For example, if bank customers
see several people enter the bank, draw guns, threaten to shoot if the tellers
don’t hand over money, take the money the tellers give them, and leave the bank
with the money, their criminality—the actus reus and the mens rea of robbery—is
manifest (Fletcher 1978, 115–16).
REF: p.
97
OBJ: 3
4. Identify
and define the two kinds of criminal omission. Describe the circumstances in
which omissions are treated as acts.
ANS: There are two kinds of criminal omission. One is the simple
failure to act and the other type of omission is the failure to intervene to
prevent injuries and death to persons or the damage and destruction of
property. Both omissions are criminal omissions only if defendants had a legal
duty to act. Legal duties are created in three ways: by 1. Statutes, 2.
Contracts, and 3. Special relationships.
REF: p.
106
OBJ: 8
5. Define,
compare, and contrast the “Good Samaritan” rule and the American bystander
rule. Which rule is dominant in the United States? Which rule is best? Explain
your position.
ANS: The “Good Samaritan” doctrine creates a legal duty for
persons to aid strangers who are in peril. The American bystander rule
generally creates no duty for a person to aid a stranger in peril. The
bystander rule is the law in most states.
REF: p.
106
OBJ: 8
6. Explain
the difference between conduct crimes and bad result crimes. Provide examples
of each.
ANS: Crimes requiring a criminal act triggered by criminal
intent are conduct crimes. Burglary as an example of a criminal conduct crime.
It consists of the act of breaking and entering a house, triggered by the mens rea of, say,
intending to steal an iPad once inside the house. The iPad does not actually
have to be stolen. So the crime of burglary is criminal conduct whether or not
it causes any harm beyond the conduct itself. Bad result crimes include five
elements; in addition to (1) a voluntary act, (2) the mental element, and (3)
circumstantial elements, they include (4) causation and (5) criminal harm. The
most prominent and often discussed bad result crime is criminal homicide.
REF: p.
96
OBJ: 2
7. Only voluntary
acts qualify as actus
reus. Why do only voluntary acts qualify as criminal acts? Be sure
to explain the rationale which includes four steps. Explain the
one-voluntary-act-is-enough rule.
ANS: The rationale consists of four logical steps: Criminal law
punishes people, we can only punish people we can blame, we can only blame
people who are responsible for their acts, and people are responsible only for
their voluntary acts. The American Law Institute’s (ALI) Model Penal Code’s
(MPC) widely adopted definition of “criminal act” provides: “A person is not
guilty of an offense unless his liability is based on conduct that includes a
voluntary act …” (emphasis added) (ALI 1985, § 2.01). the MPC code does not
state that every act must be voluntary. Only that the crime includes a
voluntary act.
REF: p. 98
OBJ: 4
8. What
is the legal definition of a voluntary act? Explain fault-based defenses and
affirmative defenses and their relationship to the legal definition of a voluntary
act. Provide examples.
ANS: The MPC—and many state criminal codes—define “voluntary,”
not by telling us what a voluntary act is, but by listing acts that are not
voluntary. The list usually includes movements during various forms of
automatism (bodily movements while unconscious). The MPC adds a fourth catchall
to these, namely “a bodily movement that otherwise is not a product of the
effort or determination of the actor, either conscious or habitual” (ALI 1985 §
2.01(2)). Fault-based defenses are defenses based on creating a reasonable
doubt about the prosecution’s proof of a voluntary act (sleepwalking).
Affirmative defenses are defenses that take place after the prosecution has
provided defendant’s criminal conduct and provide excuses for criminal
liability.
REF: p.
97
OBJ: 5
9. 9.
Explain the concept of status. Status can arise in two ways: from voluntary
acts and from characteristics. Explain the difference between these two types
of status and how this impacts actus
reus.
ANS: “Action” refers to what we do; status (or condition) denotes who
we are.
Most statuses or conditions don’t qualify as actus reus. Status can arise in two ways.
Sometimes, it results from prior voluntary acts—methamphetamine addicts
voluntarily used methamphetamine the first time, and alcoholics voluntarily
took their first drink. Other conditions result from no act at all, and
individuals have no control over them. The most obvious examples are the
characteristics we’re born with: sex, age, sexual orientation, race, and
ethnicity. The constitution forbids making status a crime (i.e. being a heroin
addict). A crime can, however, be made from a status combined with an action
(an alcoholic being drunk in public).
REF: p.
104
OBJ: 6
10.
Identify the circumstances in which possession can be treated as
an act. Explain why possession is treated as an act in these circumstances and
not in others.
ANS: There are two types of possession: active and constructive.
Active means I have control of something on my person. Constructive means I
have control of something but it is not on my person. Possession can also be
knowing or mere. Knowing possession means that you know what you have. Mere
possession means you are not aware of what you have. Most states require
knowing possession. Although possession is not an act most people charged with
possession have acquired possession by the voluntary act of acquisition.
REF: p.
116
OBJ: 9
CHAPTER 5
Defenses to Criminal Liability: Justifications
MULTIPLE CHOICE
1. A
defense in which the defendant accepts responsibility for the act but claims
what they did was right is called
|
a. |
justification. |
|
b. |
excuse. |
|
c. |
rationalization. |
|
d. |
claim of right. |
ANS: A
REF:
p.154
OBJ: 1,2
2. A
defense in which the defendant admits the act but claims that, under the
circumstances, they aren’t legally responsible is called
|
a. |
justification. |
|
b. |
excuse. |
|
c. |
claim of right. |
|
d. |
mitigating condition. |
ANS:
B
REF: p.
154
OBJ: 2
3. Circumstances
that convince fact finders that defendants don’t deserve the maximum penalty
for the crime they’re convicted of are called
|
a. |
perfect circumstances. |
|
b. |
imperfect circumstances. |
|
c. |
mitigating circumstances. |
|
d. |
aggravating circumstances. |
ANS:
C
REF: p.
155
OBJ: 4
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