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Exam 3: Essential Elements of a Crime

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Question 31

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The term mens rea refers to the harm caused by the defendant's forbidden act.

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Question 32

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According to the Model Penal Code, acting ___________________ is the same as acting with general intent.

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Question 33

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The mental purpose or design to commit a specific act is called: ​

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.

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.

Which crime includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen? ​

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.

The offense of carrying an unauthorized concealed weapon requires a showing of:

Which crime requires specific intent?

_____ is the highest degree of culpability according to the Model Penal Code.

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.

Which is a name given to crimes which require no specific intent?

The Latin term mens rea refers to:

The motor vehicle codes of most states contain strict liability statutes.

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.

Actus rea is the  ____ act or omission.

A strict liability offense is one without:

Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other facts may be presumed to be true.

While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction:

One cannot be guilty of possession of stolen property if one does not know property is stolen. ​