Posted: January 31st, 2023

Multiply choice. 1. The actus reus: a. Can be based solely on the status of the defendant or the defendant s thoughts b. Can be an involuntary act c. Is usually an unlawful, voluntary bodily movement

Multiply choice. 1. The actus reus:
a. Can be based solely on the status of the defendant or the defendant’s thoughts
b. Can be an involuntary act
c. Is usually an unlawful, voluntary bodily movement
d. None of the above2. Mens rea means:
a. An unlawful, voluntary bodily movement
b. A guilty mind
c. An involuntary act
d. None of the above3. In the Model Penal Code the following is not a voluntary act and therefore not criminal:
a. Convulsions
b. Bodily movements during unconsciousness or sleep
c. Reflexes
d. All of the above4. All of the following are elements of non-strict liability crimes EXCEPT:
a. Actus reus
b. Mens rea
c. Causation
d. Concurrence of actus reus and mens rea5. An omission to act could be criminal if a duty to act is created by:
a. Statute
b. Contract
c. Special relationship
d. All of the above6. A defendant who is driving a car in which cocaine is found by police is:
a. Guilty of actual possession
b. Guilty of constructive possession
c. Guilty of actual and constructive possession
d. Insufficient facts to determine whether the defendant is guilty or not of actual or constructive possession7. Concurrence means:
a. The motive and harm exist at the same time
b. The act and harm exist at the same time
c. The act and intent exist at the same time
d. The harm is caused by the act8. Motive:
a. Is not enough alone to prove criminal intent
b. Is an element of every criminal offense
c. Is enough alone to prove criminal intent
d. Must be proven in every murder prosecution9. According to the Model Penal Code, purposely means:
a. A subjective awareness of a risk of harm and an objective and unjustified disregard of that risk
b. Specific intent to cause a particular result
c. Not being aware of a substantial risk of harm when a reasonable person would be
d. Awareness that results are practically certain to occur10. According to the Model Penal Code, recklessly means:
a. A subjective awareness of a risk of harm and an objective and unjustified disregard of that risk
b. Specific intent to cause a particular result
c. Not being aware of a substantial risk of harm when a reasonable person would be
d. Awareness that results are practically certain to occur11. Specific Intent is:
a. Acting with knowledge that his or his conduct is illegal
b. Doing something more than committing the criminal act
c. The intent to bring about a certain bad result
d. All of the above12. A crime that does not require criminal intent is called:
a. An accident
b. Malum in se
c. A Strict liability offense
d. None of the above13. In order for a defendant to have “caused” the harm he must be:
a. The factual cause of harm
b. The legal cause of harm
c. Both the factual and legal cause of the harm
d. None of the above14. The factual cause of harm means:
a. But for the defendant’s act, the harm would not have occurred
b. The harm was reasonably foreseeable
c. The harm was caused by an intervening act
d. None of the above15. The legal or proximate cause of harm means:
a. But for the defendant’s act, the harm would not have occurred
b. The harm was reasonably foreseeable
c. The harm was caused by an intervening act
d. None of the above16. A cause that breaks the chain of events started by the defendant and cuts off his criminal responsibility is called:
a. Proximate cause
b. Factual cause
c. Intervening cause
d. Foreseeable cause17. The natural and probable consequences doctrine holds an accomplice criminal responsible:
a. For any act committed by the principal during the carrying out of the agreed upon crime
b. If the act the principal commits is foreseeable when the accomplice assists the principal
c. If the accomplice specifically intends to participate in the act committed by the principal
d. If the act was committed in the accomplice’s presence18. A principal in the 2nd Degree:
a. Was present at the crime scene and assisted in the crime’s commission
b. Assisted in the preparing for the crime’s commission
c. Committed the crime
d. Assisted a party to the crime to avoid detection and escape prosecution or conviction19. A defendant may he held liable as an accomplice if he:
a. Helps plan the crime
b. Drives a getaway vehicle after the crime’s commission
c. Lures the victim to the scene of the crime
d. All of the above20. The important distinction between an accomplice and an accessory after the fact is:
a. An accessory after the fact is liable for all foreseeable offenses committed by the principal but an accomplice is only liable for offenses to which he specifically agreed to commit 
b. An accomplice is liable for the offense committed by the principal but an accessory after the fact is not
c. An accessory after the fact is liable for the offense committed by the principal but an accomplice is not
d. None of the above

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