Question 1

Mens rea is the criminal ____ or state of mind.

Accepted Answer

The answer of Mens rea is the criminal ____ or...

Question 2

For crimes in which a harm has occurred, the state must prove:

Accepted Answer

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. B

Question 3

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Accepted Answer

A)  The maxim "ignorance of the law is no excuse" is applicable:
B)  in most crimes.
C)  only in strict liability crimes.
D)  in most cases except strict liability crimes.
E)  almost never.

Question 4

Thinking of committing a crime without performing a criminal act is:

Accepted Answer

A)  never a crime.
B)  a crime in many states.
C)  a strict liability crime.
D)  difficult to prove beyond a reasonable doubt.

Question 5

A party to a crime could be a person who aids and assists in the commission of the crime.

Accepted Answer

A) True 
 B)False

Question 6

Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment.

Accepted Answer

constructive

Question 7

Which term refers to an individual's mental state?

Accepted Answer

A)  Mens rea
B)  Actus reus
C)  Scienter
D)  Proximate cause

Question 8

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.

Accepted Answer

A)  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:
B)  that Susie found them.
C)  that Susie stole them.
D)  that Susie was returning them.
E)  nothing from this situation.

Question 9

Motive is an essential element of most criminal offenses.

Accepted Answer

A) True 
 B)False

Question 10

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.

Accepted Answer

In possession offenses, the mental state...

Question 11

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.

Accepted Answer

The "year and a day rule" is a common la...

Question 12

To obtain a conviction, the prosecution has the burden of proving every element of the crime:

Accepted Answer

A)  by a preponderance of the evidence.
B)  by clear and convincing evidence.
C)  beyond a reasonable doubt.
D)  beyond a shadow of a doubt.

Question 13

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Accepted Answer

A)  Presumptions fall into two categories, they are:
B)  rebuttable and irrebuttable.
C)  presumptive and nonpresumptive.
D)  general and specific.
E)  negligible and nonnegligible.

Question 14

The year-and-a-day murder rule:

Accepted Answer

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.

Question 15

Only rarely is written evidence of the ____ of a defendant available to the state. ​

Accepted Answer

The answer of Only rarely is written evidence of the...

Question 16

The ordinary and probable cause of a result is called the ____.

Accepted Answer

The answer of The ordinary and probable cause of a...

Question 17

To find a defendant guilty of the crime of receiving stolen property, most states:

Accepted Answer

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. B

Question 18

Most crimes require the concurrence of which of the following?

Accepted Answer

A)  Act and proximate cause
B)  Guilty act and guilty mind
C)  Guilty mind and causation
D)  Act and omission

Question 19

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Accepted Answer

A)  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:
B)  specific intent.
C)  scienter.
D)  mental intent.
E)  knowledgeable intent.

Question 20

In the past, the year-and-a-day rule required that criminal defendants be charged within that time frame following the unlawful act.

Accepted Answer

A) True 
 B)False

Exam 3: Essential Elements of a Crime

Mens rea is the criminal ____ or state of mind.

Correct AnswerverifiedShow Answer

For crimes in which a harm has occurred, the state must prove:

Correct AnswerverifiedB

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Correct AnswerverifiedShow Answer

Thinking of committing a crime without performing a criminal act is:

Correct AnswerverifiedShow Answer

A party to a crime could be a person who aids and assists in the commission of the crime.

Correct AnswerverifiedShow Answer

Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment.

Correct Answerverifiedconstructive

Which term refers to an individual's mental state?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Motive is an essential element of most criminal offenses.

Correct AnswerverifiedShow Answer

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.

Correct AnswerAnswered by ExamLex AIIn possession offenses, the mental state...View AnswerShow Answer

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.

Correct AnswerAnswered by ExamLex AIThe "year and a day rule" is a common la...View AnswerShow Answer

To obtain a conviction, the prosecution has the burden of proving every element of the crime:

Correct AnswerverifiedShow Answer

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Correct AnswerverifiedShow Answer

The year-and-a-day murder rule:

Correct AnswerverifiedShow Answer

Only rarely is written evidence of the ____ of a defendant available to the state. ​

Correct AnswerverifiedShow Answer

The ordinary and probable cause of a result is called the ____.

Correct AnswerverifiedShow Answer

To find a defendant guilty of the crime of receiving stolen property, most states:

Correct AnswerverifiedB

Most crimes require the concurrence of which of the following?

Correct AnswerverifiedShow Answer

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana.

Correct AnswerverifiedShow Answer

In the past, the year-and-a-day rule required that criminal defendants be charged within that time frame following the unlawful act.

Correct AnswerverifiedShow Answer

Correct Answer
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B

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constructive

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Answered by ExamLex AI
In possession offenses, the mental state...
View Answer

Correct Answer
Answered by ExamLex AI
The "year and a day rule" is a common la...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Only rarely is written evidence of the ____ of a defendant available to the state.

Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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Correct Answer
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Correct Answer
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