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41. During this incident, Johnny displayed:
a. reasonableness.
b. due diligence.
c. actus reus.
d. mens rea.
42. During this incident, Johnny was not arrested because he did not have:
a. an ID.
b. a sound mental state.
c. actus reus.
d. mens rea.
43. 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.
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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.
44. 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.
45. 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.
46. Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account
for, and the personal belongings of people 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 from this situation.
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47. 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.
48. 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(n):
a. inference.
b. deducible conclusion.
c. presumption.
d. reasonable conclusion.
49. Due to the large amount of drugs on Julie’s possession, a judge could easily conclude that
a(n) _____ exists.
a. due process
b. inference
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c. scienter
d. culpability
50. Due to the large amount of drugs in Julie’s possession, the State should be able to easily
prove:
a. mens rea.
b. presumption.
c. strict liability.
d. scienter.
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.
52. A person cannot be found guilty of possession of stolen goods if he or she did not know the
goods were stolen. This is the element of:
a. specific intent.
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b. scienter.
c. mental intent.
d. knowledgeable intent.
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
54. The forbidden act (or failure to act) is called the:
a. act element.
b. criminal element.
c. timed element.
d. strict element.
55. The harm done was the natural and probable result of the wrongful act is called the:
a. act element.
b. mental element.
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c. harm element.
d. cause element.
56. The wrong done is called the:
a. act element.
b. mental element.
c. harm element.
d. cause element.
57. ________ are not included in strict liability crimes.
a. Traffic violations
b. Narcotics laws
c. Public health laws
d. First-degree murder
58. The maxim “ignorance of the law is no excuse” is applicable:
a. in most crimes.
b. only in strict liability crimes.
c. in most cases except strict liability crimes.
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d. almost never.
59. Presumptions fall into two categories, they are:
a. rebuttable and irrebuttable.
b. presumptive and nonpresumptive.
c. general and specific.
d. negligible and nonnegligible.
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.
61. Mens rea is the criminal ____ or state of mind.
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62. The reason a person commits a crime is called _________.
63. An offense which requires no mens rea, such as speeding, is a strict __________ offense.
64. According to the Model Penal Code, acting ___________________ is the same as acting
with general intent.
65. The categories of culpability from the Model Penal Code include purpose, knowledge,
recklessness, and _______________.
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66. Heroin found in an apartment will most likely be deemed to be in the __________ possession
of the person controlling and occupying the apartment.
67. Only rarely is written evidence of the ____ of a defendant available to the state.
68. A statement of substantive law that cannot be overcome with evidence showing otherwise is
known as a ______________ presumption.
69. The penalties for ___ liability offenses are usually lighter than “true” crimes.
70. Proximate cause is the ordinary and ____ cause of a result.
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71. Actus rea is the ____ act or omission.
72. A form of specific intent requiring a showing that the actor knew of the existence of certain
facts is called ___.
73. The mental purpose or design to commit a specific act is called ___.
74. The ordinary and probable cause of a result is called the ____.
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75. Under the common law, an individual could only be held responsible for the cause of
someone’s death if death occurred within ____ of the criminal act.
76. Define mens rea. Define actus reus. Explain the differences between the two.
77. Explain the difference between specific intent and general intent crimes.
78. Explain the difference between motive and intent. Explain which is generally more important
in a criminal trial and why.
79. What types of evidence can prosecutors introduce at trial in order to prove a defendant’s
mens rea beyond a reasonable doubt?
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80. Discuss conclusive presumption. Explain why conclusive presumptions are usually
prohibited.
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.
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.
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.
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84. Identify the mental state (element) that generally must be proved in possession offenses.
Discuss if criminal statutes require that ownership of the property be proved. Explain why this is
so.
85. Discuss how presumptions and inferences help a fact finder conclude that facts have been
proved. Explain why they are important in criminal law. Explain the difference between a
presumption and an inference.