Criminal Law 12th Edition by Joel Samaha – Test Bank

 

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Sample Test

Chapter_3_The_Criminal_Act_The_First_Principle_of_Criminal_Liability   True / False

 

1. ​If there’s no criminal conduct, there’s no criminal liability.   a. True   b. False   ANSWER:   True REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

2. The term actus reus refers to the act element of a crime.   a. True   b. False   ANSWER:   True REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

3. All crimes have to include a criminal act. That’s why it’s the first principle of criminal liability.   a. True   b. False   ANSWER:   True REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

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.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

5. Offenses that don’t require a mens rea don’t include an attendant circumstances element.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

6. ​The general principle of actus reus includes a voluntary act.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

7. Failure to file income taxes is an example of a failure to intervene crime.   a. True   b. False   ANSWER:   False REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

8. Under the Good Samaritan doctrine, strangers have a duty to aid other strangers in danger.   a. True   b. False   ANSWER:   True REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

9. Legal duties are created in three ways: statutes, contracts, and special relationships.   a. True   b. False   ANSWER:   True REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

10. Failing to report child abuse may constitute a criminal omission.   a. True   b. False   ANSWER:   True REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

11. A parent–child relationship is an example of a “special relationship.”   a. True   b. False   ANSWER:   True REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

12. Omissions can satisfy the actus reus requirement.   a. True   b. False   ANSWER:   True REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

13. ​Constructive possession means the person has the item on them.   a. True   b. False   ANSWER:   False REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

14. Criminal liability is criminal conduct that is without justification or excuse, and, therefore, qualifies for criminal punishment.   a. True   b. False   ANSWER:   True REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

15. Failure to act can never be a crime.   a. True   b. False   ANSWER:   False REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

16. Possession is not an action, but is a condition.   a. True   b. False   ANSWER:   True REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

17. The law recognizes only actual, constructive, and knowing possession.   a. True   b. False   ANSWER:   False REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

18. The requirement that attitudes have to turn into deeds is called manifest criminality.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

19. The actus reus requirement reserves the harsh sanction of the criminal law for cases of actual danger.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

20. Criminal acts are voluntary bodily movements.   a. True   b. False   ANSWER:   True REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

21. Most states follow the Good Samaritan rule.   a. True   b. False   ANSWER:   False REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

22. Crimes that include only a criminal act are rare.   a. True   b. False   ANSWER:   True REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

23. Actus reus is the criminal intent, the mental element in crime.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

24. The Constitution bans pure status as a basis for criminal liability.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

25. Actus reusis the first principle of liability.   a. True   b. False   ANSWER:   True REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

26. Every act leading up to the completed crime must be voluntary.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

27. Fault-based defenses are defenses based on creating a reasonable doubt about the prosecution’s proof of a voluntary act.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

28. Affirmative defenses take place before the prosecution has proved defendant’s criminal conduct.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

29. Status can arise in two ways.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

30. Every crime has to include at least one voluntary act.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

Multiple Choice

 

31. ​What is the name given to “conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests?”   a. legal duty​   b. ​criminal liability   c. automatism​   d. ​criminal omission   ANSWER:   b REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

32. 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.   ANSWER:   a REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

33. Criminal conduct that qualifies for criminal punishment is the definition of   a. result liability.   b. civil liability.   c. criminal liability.   d. conduct liability.   ANSWER:   c REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

34. Those crimes requiring a criminal act triggered by criminal intent are   a. result crimes.   b. conduct crimes.   c. intentional crimes.   d. felonies.   ANSWER:   b REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

35. Criminal liability is defined as criminal conduct that qualifies for criminal   a. punishment.   b. mens rea.   c. guilt.   d. actus reus.   ANSWER:   a REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

36. ​The idea that a crime requires action is called   a. ​manifest criminality.   b. ​a voluntary act.   c. ​mens rea.   d. ​attendant circumstance.   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

37. We call crimes requiring a criminal act triggered by criminal intent   a. public order crimes.   b. automatism.   c. conduct crimes.   d. moral crimes.   ANSWER:   c REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

38. The name given to all types of unconscious bodily movements is   a. automatism.   b. epileptic seizures.   c. sleep-driving.   d. diminished capacity.   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

39. 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   ANSWER:   d REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

40. The character or condition of a person or a thing is known as its   a. status.   b. reus.   c. manus.   d. prospectus.   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

41. Which doctrine imposes a legal duty to help or call for help for imperiled strangers?   a. the “Family Member” doctrine   b. the health care professionals rule   c. the American bystander rule   d. the “Good Samaritan” doctrine   ANSWER:   d REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

42. Most states follow which of the following?   a. the “Family Member” doctrine   b. the health care professionals rule   c. the American bystander rule   d. the “Good Samaritan” doctrine   ANSWER:   c REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

43. 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   ANSWER:   a REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

44. Which type of possession is it when one has physical control of banned items?   a. constructive possession   b. actual possession   c. simple possession   d. mere possession   ANSWER:   b REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

45. When you possess something you don’t know you possess, it is called   a. constructive possession   b. actual possession   c. simple possession   d. mere possession   ANSWER:   d REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

46. What term refers to the physical element of a crime?   a. mens rea   b. actus reus   c. corpus delicti   d. criminal liability   ANSWER:   b REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

47. Which of the following refers to what we do?   a. action   b. status   c. possession   d. duty   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

48. 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.   ANSWER:   c REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

49. The existence of a legal duty is what element of a crime?   a. attendant circumstance   b. adjunct   c. concurrent   d. permissive   ANSWER:   a REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

50. Serious crimes that include the criminal act, criminal intent, concurrence, attendant circumstances, and a criminal harm are called   a. moral duty crimes.   b. public order crimes.   c. crimes of omission.   d. bad result crimes.   ANSWER:   d REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

51. There are two kinds of criminal omission: failure to act and   a. ​failure to intervene.   b. failure to perform moral duty.   c. failure to follow the American bystander rule.   d. failure to be a good Samaritan.   ANSWER:   d REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

52. A legal fiction turns what into an act, although it is really a passive state?   a. legal duty   b. omission   c. possession   d. convolution   ANSWER:   c REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

53. Legal duties can arise from:   a. statutes, contracts, and omissions   b. statutes, contracts, and special relationships   c. moral obligations that are generally recognized   d. none of these answers is correct   ANSWER:   b REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

54. If there is no criminal conduct, there’s no criminal   a. possession.   b. liability.   c. omission.   d. issue.   ANSWER:   b REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

55. 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. none of these answers is correct   ANSWER:   c REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

56. What type of possession is required by most states before an act can be criminalized?   a. knowing   b. mere   c. constructive   d. perfunctory   ANSWER:   a REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

57. 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.   ANSWER:   a REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

58. 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.​   ANSWER:   d REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

59. 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   ANSWER:   d REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

60. Possession is not an action, rather it is   a. a compulsion.   b. a condition.   c. a moral duty.   d. a necessity.   ANSWER:   b REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

61. Criminal liability is criminal conduct that is without   a. justification or excuse.   b. exception or justification.   c. exception or excuse.   d. reason or excuse.   ANSWER:   a REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

62. 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   ANSWER:   d REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

63. Voluntary acts satisfy what requirement?​   a. ​mens rea   b. ​actus reus   c. ​status   d. ​automatism   ANSWER:   b REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

64. In the plurality opinion in Powell v. Texas (1967), the conviction for public drun KEnness 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.   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

65. The Constitution bans pure status as a basis for   a. failure to report.   b. possession as a crime.   c. omission as crime.   d. criminal liability.   ANSWER:   d REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

66. The actus reus serves which of the following purposes?   a. it helps prove criminal intent   b. it reserves the harsh sanction of criminal law for cases of actual danger   c. it helps protect individual privacy   d. actus reus serves all of these purposes   ANSWER:   d REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

67. Status can arise in two ways: (1) it can result from a prior voluntary act or (2)   a. it can result from bad intent.   b. it can result from passive actions.   c. it can result from no act at all, such as sex, age, sexual orientation, race, and ethnicity.   d. it can result from fantasy.   ANSWER:   c REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

68. Which of the following is the most prominent result crime?   a. criminal homicide   b. criminal manslaughter   c. criminal rape   d. criminal voyeurism   ANSWER:   a REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

69. 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   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

70. Automatism is the name given to   a. unconscious bodily movements.   b. intoxicated bodily movements.   c. conscious bodily movements.   d. static bodily movements.   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

71. 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.   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

72. Which of the following is a status that is voluntary?   a. addiction   b. sex   c. race   d. age   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

73. 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.   ANSWER:   b REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Remember

 

74. Crimes requiring a criminal act triggered by criminal intent are called   a. conduct crimes.   b. result crimes.   c. possession crimes.   d. omission crimes.   ANSWER:   a REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

75. Criminal omission is a failure to act when   a. there is a legal duty to act.   b. there are no police to do anything.   c. no one else will act.   d. the failure to act is reported.   ANSWER:   a REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

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.

 

76. Bill is guilty of what kind of possession?   a. knowing possession   b. mere possession   c. concurrent possession   d. constructive possession   ANSWER:   b REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

77. 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   ANSWER:   a REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Remember

 

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.

 

78. 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.   ANSWER:   c REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

79. If John were the parent of one of the children, why might he be criminally liable?   a. because of a statutory responsibility   b. because of a special relationship   c. because of a contractual responsibility   d. because of a constitutional responsibility   ANSWER:   b REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

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.

 

80. What kind of defense would Julio’s lawyer most likely use at trial?   a. a fault-based defenses.   b. an affirmative defense   c. an actus reus defense   d. a status defense   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

81. Julio’s behavior during his dream is also known as   a. automatism.   b. somnambulism.   c. hypnotism.   d. paroxysm.   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

82. ​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   ANSWER:   a REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

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.

 

83. 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.   ANSWER:   b REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

84. The triggering of the criminal act by the criminal intent is called   a. actus reus.   b. mens rea.   c. concurrence.   d. attendant circumstances.   ANSWER:   c REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

85. 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.   ANSWER:   a REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

Completion

 

86. ​The voluntary act is the first principle of criminal _______________. ANSWER:   liability​ REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

87. ​The actus _______________ is the act element of the crime. ANSWER:   reus​ REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

88. ​The mens _______________is the mental element of the crime. ANSWER:   ​rea REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

89. The ____________ element requires that the mental element trigger the act. ANSWER:   concurrence​ REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Remember

 

90. Defenses that take place after the prosecution has proved defendant’s criminal conduct are _______________ defenses.​ ANSWER:   affirmative​ REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Remember

 

91. ​Failure to report and failure to intervene are criminal omissions only if defendants had a _______________ to act. ANSWER:   legal duty​ REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

92. Failure to perform _______________ duties doesn’t qualify as a criminal omission. ANSWER:   moral REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

93. Nearly all jurisdictions follow the approach of the _______________ bystander rule. ANSWER:   ​American REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Remember

 

94. It’s only by means of a legal  _______________ that the principle of actus reus includes possession.​ ANSWER:   fiction​ REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law.

 

95. ​The requirement that intentions have to turn into deeds is called _______________ criminality. ANSWER:   manifest​ REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Remember

 

Essay

 

96. ​Define, compare, and contrast constructive, actual, mere, and knowing possession. Be sure to provide an example of each. ANSWER:   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.​ REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Understand

 

97. Explain the importance of the general principle of actus reus. Be sure to discuss the three purposes served by the principle of actus reus. ANSWER:   ​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. REFERENCES:   The Criminal Act (Actus Reus): The Principle of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.02 – To know and understand the purposes for the actus reus requirement. KEYWORDS:   Bloom’s: Understand

 

98. ​Explain the “voluntary” act requirement. How does this impact crimes that are committed when a person is in a state of automatism? ANSWER:   The “voluntary” act states that only voluntary acts qualify as actus reus. Only voluntary acts qualify as criminal acts because of four logical steps: (1) criminal law punishes people; (2) we can only punish people we can blame; (3) we can only blame people who are responsible for their acts; and (4) people are responsible only for their voluntary acts. Because people in a state of automatism are engaged in acts while they are unconscious, they are not committing voluntary acts so they cannot be held criminally liable for those acts.​ REFERENCES:   The Criminal Act (Acts Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Understand

 

99. ​Identify and define the two kinds of criminal omission. Describe the circumstances in which omissions are treated as acts. ANSWER:   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: (1) statutes, (2) contracts, and (3) special relationships.​ REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Understand

 

100. Define, compare, and contrast the “Good Samaritan” doctrine and the American bystander rule. Which rule is dominant in the United States? Which rule is best? Explain your position.​ ANSWER:   ​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. REFERENCES:   Omissions as Criminal Acts LEARNING OBJECTIVES:   CRLW.SAMA.17.03.05 – To know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts. KEYWORDS:   Bloom’s: Apply

 

101. ​Explain the difference between conduct crimes and bad result crimes. Provide examples of each. ANSWER:   Crimes requiring a criminal act triggered by criminal intent are conduct crimes. Burglary is an example of a criminal conduct crime. It consists of the act of breaking and entering a house, triggered by the means read of, say, intending to steal an iPod 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.​ REFERENCES:   The Elements of Criminal Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.01 – To know the elements of criminal liability and understand why the voluntary act is the first principle of criminal liability. KEYWORDS:   Bloom’s: Understand

 

102. ​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. ANSWER:   ​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 does not state that every act must be voluntary, only that the crime includes a voluntary act. REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Understand

 

103. 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.​ ANSWER:   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.​ REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.03 – To understand the voluntary act requirement of actus reus and appreciate its application to conduct in cases of automatism. KEYWORDS:   Bloom’s: Understand

 

104. ​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. ANSWER:   “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).​ REFERENCES:   The Criminal Act (Actus Reus): The First Principle of Liability LEARNING OBJECTIVES:   CRLW.SAMA.17.03.04 – To identify the circumstances when, and be able to explain why, status is sometimes treated as an affirmative action. KEYWORDS:   Bloom’s: Understand

 

105. ​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. ANSWER:   Possession is not an action, it’s a condition. The two main reasons for the legal fiction of possession as an action are: (1) to prevent future or more serious crime, and (2) most people get possession by their voluntary acts. 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.​ REFERENCES:   Possession as a Criminal Act LEARNING OBJECTIVES:   CRLW.SAMA.17.03.06 – To understand why possession is treated as an act and know the different types of possession recognized by law. KEYWORDS:   Bloom’s: Understand

 

Chapter_5_Defenses_to_Criminal_Liability_Justifications     True / False

 

1. ​Deadly force may never be used for defense.   a. True   b. False   ANSWER:   False REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

2. Insanity is an example of a justification defense.   a. True   b. False   ANSWER:   False REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

3. In both justifications and excuses, the defendant admits doing the criminal act.   a. True   b. False   ANSWER:   True REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

4. Most affirmative defenses are perfect defenses.   a. True   b. False   ANSWER:   True REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

5. An imperfect defense, such as imperfect self-defense, may, in some jurisdictions, reduce a murder to manslaughter.   a. True   b. False   ANSWER:   True REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

6. If a perfect defense is successful, defendants are convicted.   a. True   b. False   ANSWER:   False REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

7. One purpose of competency hearings is to determine if defendants are still insane.   a. True   b. False   ANSWER:   True REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

8. ​If you use force to protect yourself, your home or property, or the people you care about, you’ve violated the rule of law.   a. True   b. False   ANSWER:   True REFERENCES:   Self-Defense LEARNING OBJECTIVES:   CRLW.SAMA.17.05.02 – To understand that self-defense limits the use of deadly force to those who reasonably believe that they’re faced with the choice to kill or be killed right now. KEYWORDS:   Bloom’s: Remember

 

9. ​In some cases necessity refers to an imminent danger of attack.   a. True   b. False   ANSWER:   True REFERENCES:   Self-Defense LEARNING OBJECTIVES:   CRLW.SAMA.17.05.03 – To know and understand the four elements of self-defense. KEYWORDS:   Bloom’s: Remember

 

10. ​Proponents of new “castle laws” warn that they are a license to kill.   a. True   b. False   ANSWER:   False REFERENCES:   Defense of Home and Property LEARNING OBJECTIVES:   CRLW.SAMA.17.05.07 – To appreciate how the new “Castle Laws” are drastically transforming the law of self-defense, and to understand their application to self-defense cases. KEYWORDS:   Bloom’s: Remember

 

11. In the justification defenses, defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances.   a. True   b. False   ANSWER:   True REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember

 

12. The law of self-defense is undergoing major transformation.   a. True   b. False   ANSWER:   True REFERENCES:   Defense of Home and Property LEARNING OBJECTIVES:   CRLW.SAMA.17.05.07 – To appreciate how the new “Castle Laws” are drastically transforming the law of self-defense, and to understand their application to self-defense cases. KEYWORDS:   Bloom’s: Remember

 

13. ​The Model Penal Code “choice of evils” provision contains five elements.   a. True   b. False   ANSWER:   False REFERENCES:   “Choice of Evils” LEARNING OBJECTIVES:   CRLW.SAMA.17.05.08 – To know that the choice-of-evils defense justifies the commission of a lesser crime to avoid an imminent threat of harm from a greater evil. KEYWORDS:   Bloom’s: Remember

 

14. ​At the heart of the defense of consent is the high value placed on group autonomy in a free society.   a. True   b. False   ANSWER:   False REFERENCES:   Consent LEARNING OBJECTIVES:   CRLW.SAMA.17.05.09 – To know that the defense of consent is a justification defense based on the high value placed on individual autonomy in a free society. KEYWORDS:   Bloom’s: Remember

 

15. The “New Castle Doctrine” laws are transforming the law of self-defense.   a. True   b. False   ANSWER:   True REFERENCES:   Defense of Home and Property LEARNING OBJECTIVES:   CRLW.SAMA.17.05.07 – To appreciate how the new “Castle Laws” are drastically transforming the law of self-defense, and to understand their application to self-defense cases. KEYWORDS:   Bloom’s: Remember

 

16. Most deadly force statutes do not include the curtilage.   a. True   b. False   ANSWER:   True REFERENCES:   Defense of Home and Property LEARNING OBJECTIVES:   CRLW.SAMA.17.05.06 – To know and appreciate how self-defense has been expanded to include the defense of others, the home, and property. KEYWORDS:   Bloom’s: Remember

 

17. Mitigating circumstances may convince judges or juries that defendants don’t deserve the maximum penalty for the crime they’re convicted of.   a. True   b. False   ANSWER:   True REFERENCES:   Proving Defenses LEARNING OBJECTIVES:   CRLW.SAMA.17.05.01 – To know that defendants aren’t criminally liable if their actions were justified or excused under the circumstances, and to understand how the affirmative defenses operate in justified and excused conduct. KEYWORDS:   Bloom’s: Remember