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True/False
1. A party to a crime could be a person who aids and assists in the commission of the crime.
a. True
b. False
2. The term mens rea refers to the harm caused by the defendant’s forbidden act.
a. True
b. False
3. Not all crimes require proof that a defendant had a specific intent to achieve a specific end.
a. True
b. False
4. Motive is an essential element of most criminal offenses.
a. True
b. False
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5. The motor vehicle codes of most states contain strict liability statutes.
a. True
b. False
6. According to the Model Penal Code, purposeful is a higher degree of culpability than
negligent.
a. True
b. False
7. In the past, the year-and-a-day rule required that criminal defendants be charged within that
time frame following the unlawful act.
a. True
b. False
8. The use of presumptions in the prosecution’s case never present due process problems.
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a. True
b. False
9. One cannot be guilty of possession of stolen property if one does not know property is stolen.
a. True
b. False
10. Presumptions and inferences enable a fact finder to conclude that because some facts have
been proved, other facts may be presumed to be true.
a. True
b. False
11. The Latin term actus reus means:
a. strict liability.
b. guilty act.
c. guilty mind.
d. elements of a crime.
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12. The Latin term mens rea refers to:
a. strict liability.
b. guilty act.
c. guilty mind.
d. elements of a crime.
13. Samuel hated his neighbor, and decided to cut the brake lines on the neighbor’s car.
Neighbor crashed the car on the way to work the next day. Samuel can be charged with a
_____________ intent crime.
a. nonspecific
b. general
c. specific
d. negligent
14. Samuel decided to play a trick on his neighbor; they were always pranking each other. He
installed a device under the car that would allow him to control the radio in the car.
Unfortunately, while he was installing the device he cut the brake lines on the neighbor’s car.
Neighbor crashed the car on the way to work the next day. Samuel can be charged with a
_____________ intent crime.
a. nonspecific
b. general
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c. specific
d. negligent
15. Thinking of committing a crime without performing a criminal act is:
a. never a crime.
b. a crime in many states.
c. a strict liability crime.
d. difficult to prove beyond a reasonable doubt.
16. Most crimes require the concurrence of which of the following?
a. Act and proximate cause
b. Guilty act and guilty mind
c. Guilty mind and causation
d. Act and omission
17. To obtain a conviction, the prosecution has the burden of proving every element of the crime:
a. by a preponderance of the evidence.
b. by clear and convincing evidence.
c. beyond a reasonable doubt.
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d. beyond a shadow of a doubt.
18. Which term refers to an individual’s mental state?
a. Mens rea
b. Actus reus
c. Scienter
d. Proximate cause
19. To find a defendant guilty of the crime of receiving stolen property, most states:
a. do not require scienter.
b. require proof the defendant knew the property was stolen.
c. require proof the defendant committed the theft.
d. require proof the defendant had a motive.
20. In criminal law, motive refers to:
a. criminal intent.
b. the defendant’s mental state while committing the crime.
c. the reason the defendant committed the crime.
d. a necessary element of every crime.
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21. In a criminal trial, motive:
a. is always relevant evidence.
b. alone, is sufficient evidence for a conviction.
c. is required for conviction.
d. is the same as criminal intent.
22. A strict liability offense is one without:
a. motive.
b. proximate cause.
c. criminal intent.
d. a guilty act.
23. Strict liability statutes:
a. generally provide for harsh penalties.
b. do not require the prosecutor to prove criminal intent.
c. require a particular state of mind at the time of the act.
d. are considered true crimes.
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24. ______ include strict liability crimes.
a. Traffic violations
b. Narcotics laws
c. Public health laws
d. All of these choices
25. In many states, when the age of a minor is an essential element of a crime, as in contributing
to the delinquency of a child, the law:
a. requires the defendant to testify.
b. allows defendants to use the victim’s consent as a defense.
c. contains a scienter element.
d. does not allow mistake as to the age of the minor to be used as a defense.
26. For crimes in which a harm has occurred, the state must prove:
a. the harm to the victim occurred immediately.
b. the defendant’s act was the ordinary and proximate cause of the harm.
c. both that harm to the victim occurred immediately, and that the defendant’s act
was the ordinary and proximate cause of the harm.
d. neither that harm to the victim occurred immediately, nor that the defendant’s act
was the ordinary and proximate cause of the harm.
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27. While the classification system suggested by the Model Penal Code distinguishes between
each level of mental state, the distinction:
a. always makes a difference.
b. does not always make a difference.
c. is never important.
d. is always important.
28. The year-and-a-day murder rule:
a. requires the victim die within a year and a day.
b. has been abolished or amended in many states.
c. requires the victim die within a year and a day, and has been abolished or
amended in many states.
d. does not require the victim die within a year and a day, and has not been
abolished or amended in many states.
29. The offense of carrying an unauthorized concealed weapon requires a showing of:
a. actual possession.
b. constructive possession.
c. either actual or constructive possession.
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d. ownership of the weapon by the defendant.
30. The mental element required in possession offenses is generally that of:
a. intent or knowledge.
b. recklessness.
c. negligence.
d. No mental element is required.
31. The intent necessary for one or more elements of an offense is:
a. specific intent.
b. global intent.
c. mental intent.
d. knowledgeable intent.
32. The mental purpose or design to commit a specific act is called:
a. intent.
b. motive.
c. recklessness.
d. negligence.
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33. The cause, inducement, or reason why an act is committed is called:
a. intent.
b. motive.
c. recklessness.
d. negligence.
34. Conclusive presumptions can be unconstitutional under the Due Process Clause because the
presumption allows the prosecution to avoid proving:
a. an element of the crime charged.
b. guilt beyond a reasonable doubt.
c. motive.
d. negligence.
35. Which is a name given to crimes which require no specific intent?
a. General intent crimes
b. Conclusive intent crimes
c. Substantive intent crimes
d. Reasonable intent crimes
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36. _____ is the highest degree of culpability according to the Model Penal Code.
a. Purpose
b. Knowledge
c. Recklessness
d. Negligence
37. Which crime includes the essential element of knowledge beyond a reasonable doubt that
defendant knew the property was stolen?
a. Receiving stolen property
b. Robbery
c. Possession of illegal substances
d. Homicide
38. _____ is seldom made an essential element that must be proved beyond a reasonable doubt in
many crimes.
a. Motive
b. Intent
c. Guilt
d. Criminal act
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39. Motive can be important evidence in determining:
a. punishment.
b. guilt.
c. recklessness.
d. negligence.
40. Which crime requires specific intent?
a. First-degree murder
b. Selling alcohol to an underage person
c. Distribution of illegal drugs
d. Unregistered hand grenades
In the state of Wisconsin during the month of February it can easily reach below zero on any
given day. During this time period Johnny M is trying to sleep in an alley behind some
businesses. The temperature is reaching 20 degrees below zero, and Johnny realizes that he is
about to freeze to death unless he gets inside a warm building. He sees a back door to one of the
businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In
the morning, the owner comes to the store and finds Johnny and the broken door. The owner
calls the police.