Contemporary Criminal Law Concepts Cases and Controversies 4th Edition By Lippman – Test Bank

 

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Test Bank

Chapter 5: Mens Rea, Concurrence, Causation

Multiple Choice

 

1. The mental part of a crime is commonly known as
2. actus Reus

*b. mens rea

1. causation
2. both b and c

Location: Mens Rea

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.

Cognitive Domain: Knowledge

Question Type: MC

 

2. A _____ intent is intent to commit the criminal act.

*a. general

1. specific
2. transferred
3. constructive

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Knowledge

Question Type: MC

 

3. _____ intent provides that individuals who are grossly and wantonly reckless are considered to intend the natural consequences of their actions.
4. General
5. Specific
6. Transferred

*d. Constructive

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Knowledge

Question Type: MC

 

4. A _____ intent applies when an individual intends to attack one person and injures another.
5. general
6. specific

*c. transferred

1. constructive

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Knowledge

Question Type: MC

 

5. A _____ intent is a mental determination to accomplish a certain result.
6. general

*b. specific

1. transferred
2. constructive

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Knowledge

Question Type: MC

 

6. _____ means that a defendant acted deliberately.

*a. Purposely

1. Knowingly
2. Carelessly
3. Intentionally

Location: Purposely

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently.

Cognitive Domain: Knowledge

Question Type: MC

 

7. _____ means that individuals engage in risky behavior that they know creates a risk of substantial and unjustifiable harm and yet do not expect the injury or harm will result.
8. Carelessly
9. Negligently

*c. Recklessly

1. Purposely

Location: Recklessly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently.

Cognitive Domain: Knowledge

Question Type: MC

 

8. An individual satisfies the _____ standard when he or she is aware that circumstances exist or that a result is practically certain to result from his or her conduct.
9. specifically

*b. knowingly

1. recklessly
2. negligently

Location: Knowingly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently.

Cognitive Domain: Knowledge

Question Type: MC

 

9. _____ involves engaging in harmful and dangerous conduct while being unaware of a risk that a reasonable person would appreciate.
10. Intentionally
11. Knowingly
12. Recklessly

*d. Negligently

Answer Location: The Model Penal Code Standard

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently.

Cognitive Domain: Knowledge

Question Type: MC

 

10. Which of the following is not a type of intent?
11. Recklessly

*b. Intentionally

1. Negligently
2. Knowingly

Location: Negligently

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently.

Cognitive Domain: Knowledge

Question Type: MC

 

11. A _____ offense is a crime that does not require a mens rea and an individual may be convicted based solely on the commission of the criminal act.

*a. strict liability

1. public welfare
2. strict welfare
3. public liability

Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses.

Cognitive Domain: Comprehension

Question Type: MC

 

12. Selling tobacco to an underage person will most likely be considered a _____ offense.

*a. strict liability

1. public welfare
2. strict welfare
3. public liability

Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses.

Cognitive Domain: Application

Question Type: MC

 

13. _____ offenses were intended to protect society against acts impure and defective drugs, pollution and unsafe working conditions, and trucks and railroads.
14. Strict liability

*b. Public welfare

1. Strict welfare
2. Public liability

Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses.

Cognitive Domain: Comprehension

Question Type: MC

 

14. There must be _____ between a criminal act and a criminal intent.
15. knowledge
16. causation

*c. concurrence

1. preparation

Location: Concurrence

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

Cognitive Domain: Knowledge

Question Type: MC

 

15. _____ is central to criminal law and must be proven beyond a reasonable doubt.
16. Knowledge

*b. Causation

1. Concurrence
2. Preparation

Location: Causation

Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt

Cognitive Domain: Knowledge

Question Type: MC

 

16. _____ cause requires you to ask whether “but for” the defendant’s act, the victim would not have died.
17. Legal

*b. Factual

1. Intervening
2. Proximate

Location: Cause in Fact

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: MC

 

17. _____ cause analysis requires the jury to determine whether it is fair or just to hold a defendant liable for an injury or death.

*a. Proximate

1. Legal
2. Factual
3. Preparatory

Location: Legal or Proximate Cause

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: MC

 

18. _____ intervening acts arise when a defendant’s act places a victim in a particular place where the victim is harmed by an unforeseeable event.
19. Proximate

*b. Coincidental

1. Responsive
2. Factual

Location: Coincidental Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: MC

 

19. The consequence of a victim to a defendant’s criminal act is termed _____ intervening act.
20. proximate
21. factual

*c. responsive

1. legal

Location: Responsive Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: MC

 

20. A(n) _____ cause is an outside factor that causes the death or injury rather than the cause in fact.
21. proximate
22. independent
23. factual

*d. intervening

Location: Legal or Proximate Cause

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: MC

 

21. Which of the following is not a reason for moral blameworthiness?
22. Responsibility
23. Deterrence

*c. Humility

1. Punishment

Location: Mens Rea

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.

Cognitive Domain: Comprehension

Question Type: MC

 

22. When analyzing recklessness or negligence, _____ determines whether an individual’s conduct varies from that expected of the general public.
23. criminal liability

*b. objective standard

1. legal responsibility
2. mental state

Location: Recklessly and Negligently

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently.

Cognitive Domain: Comprehension

Question Type: MC

 

23. When considering intervening causes, what determines whether a defendant would be liable?
24. coincidence
25. responsibility
26. specific intent

*d. foreseeability

Location: Legal or Proximate Cause

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: MC

 

24. General intent can be inferred from _____.
25. the nature of the act
26. surrounding circumstances

*c. Both a and b

1. None of the above

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Knowledge

Question Type: MC

 

25. Which of the following intents is considered the most serious?

*a. Purposely

1. Knowingly
2. Recklessly
3. Negligently

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Comprehension

Question Type: MC

 

26. Jackson recently graduated high school and decided to spend his summer before college hiking the Appalachian Trail. Three weeks into his hike there was a torrential downpour in a very rural and desolate area of North Carolina. He tried to take shelter in his tent but there was so much mud and rain that it afforded him little protection from the elements. He decided to seek out a more stable structure and eventually happened upon an old RV that was seemingly abandoned. The doors were locked but he was able to pick the lock and enter. Jackson found enough canned food to make himself a warm dinner and settled in for the night. The next morning, he took with him all of the dry clothes and food he could find in the RV and headed off to continue down the trail. Is Jackson guilty of burglary?
27. Yes, he knowingly took items that did not belong to him without permission
28. Yes, he willfully entered into the dwelling of another and took items that did not belong to him

*c. No, when he entered he did not intend to take the items in the RV

1. No, because there was chronological concurrence

Location: Concurrence

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

Cognitive Domain: Application

Question Type: MC

 

27. What is the most reliable indication of intent?

*a. The defendant’s confession or statement to other individuals

1. The police report
2. A ransom note
3. The prosecutor’s theory of the case

Location: The Evidentiary Burden

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Application

Question Type: MC

 

28. The appropriate punishment of an act depends, to a large extent, on what?

*a. whether the act was intentional or incidental

1. the attendant circumstances
2. whether the crime in question was a result crime
3. the categorey of criminal intent

Location: Causation

Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt

Cognitive Domain: Comprehension

Question Type: MC

 

29. What are the considerations behind the legal concept of causation?
30. An individual who wills a certain result deserves to be punished
31. An individual’s act that results in social harm should allow for the imposition of punishment as appropriate
32. Liability should be limited to those individuals whose conduct produces a prohibited social harm
33. a and c only

*e. b and c

Location: Causation

Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt

Cognitive Domain: Comprehension

Question Type: MC

 

30. Brock was in the market for his first motorcycle. All of his friends had them and regularly went on long group rides. He knew he wanted something older because he preferred the style but he didn’t know much about the engine size. The bigger the engine the more power the bike has and he looked at bikes with engine sizes ranging from 250 cc to 1500 cc. He decided on the bike with the 1500 cc engine. It was extremely powerful and he knew it. He let his younger brother borrow the bike for a weekend ride with friends. The brother ended up in wrecking the bike and it was likely totaled. The police report stated that he revved the engine, attempted to do a wheelie (a move which he knew was risky), and the bike threw him off the back. If the brother is charged with a crime, which level of mental culpability is most appropriate?
31. purposely
32. knowingly

*c. recklessly

1. negligently

Question Location: Recklessly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Application

Question Type: MC

 

31. A conscious disregard of a substantial and unjustifiable risk and a gross deviation from the standard that a law abiding citizen would observe in the same situation is
32. the two-fold test for negligence

*b. the two-fold test for recklessness

1. the two-fold test for strict liability offenses
2. the two-fold test for purposely

Question Location: Recklessly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Knowledge

Question Type: MC

 

32. A terrorist bombs a public building in order to make a political statement. He knows people are likely to be inside but does not take the time to find out their location in relation to the bomb nor does he look into their injuries after the bombing took place. Everyone inside is injured, some injuries are minor and others are major, but luckily, no one dies. When criminal charges are brought forth against the terrorist, which mental state most likely applies?
33. purposely

*b. kowingly

1. recklessly
2. negligently

Question Location: Knowingly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Application

Question Type: MC

 

33. The major difference between recklessly and negligently is that
34. recklessly applies to more serious criminal conduct
35. negligently applies to more serious criminal conduct
36. the negligent individual is aware of and disregards the substantial and unjustifiable risk

*d. the reckless individual is aware of and disregards the substantial and unjustifiable risk

Question Location: Negligently

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Comprehension

Question Type: MC

 

34. Which of the following crimes is most likely not a strict liability offense?
35. statutory rape
36. selling alcohol to minors
37. speeding
38. manslaughter

Question Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses

Cognitive Domain: Application

Question Type: MC

 

35. In all cases where the defendant’s conduct is the factual cause of an injury or harm, the conduct is also necessarily
36. the legal cause
37. the proximate cause
38. the intervening cause

*d. none of the above

Question Location: Legal or proximate cause

Learning Objective: 1.6 Appreciate the role of causality in the determination of guilt

Cognitive Domain: Comprehension

Question Type: MC

 

36. Which situation is least likely to present a causation issue?

*a. An individual is shot in the back as he walks from a street fight and subsequently dies.

1. An ambulance, after having picked up a victim of a gunshot, crashes and the victim dies.
2. A gunshot wound victim dies after waiting for medical attention in a local emergency room for 4 hours.
3. A gunshot wound victim stumbles into the street and is hit by an oncoming vehicle and dies.

Question Location: Causation

Learning Objective: 1.6 Appreciate the role of causality in the determination of guilt

Cognitive Domain: Application

Question Type: MC

 

37. Which kind of intent allows for a defendant’s intent to be inferred from the nature of the act and the surrounding circumstances?
38. specific intent
39. constructive intent

*c. general intent

1. transferred intent

Question Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code

Cognitive Domain: Comprehension

Question Type: MC

 

38. In order to be convicted of a crime, there must be
39. circumstantial evidence
40. criminal intent

*c. criminal act and criminal intent

1. circumstantial evidence and criminal intent

Question Location: Concurrence

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

Cognitive Domain: Comprehension

Question Type: MC

 

39. Which is not a factor courts look to in determining whether a statute should be interpreted as providing for strict liability?

*a. The will of the people

1. A single violation poses a danger to a large number of people
2. The penalty is relatively minor
3. A conviction does not harm a defendant’s reputation

Question Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses

Cognitive Domain: Comprehension

Question Type: MC

 

40. Public welfare offenses were designed to protect against
41. impure food
42. defective drugs
43. pollution

*d. all of the above

Question Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses

Cognitive Domain: Knowledge

Question Type: MC

 

41. Jack unintentionally killed John. He had no intention of doing so. Originally, at common law, would he have been found guilty of murder based on these facts alone?

*a. Yes, there was no mens rea requirement

1. No, Jack did not possess a guilty mind
2. Yes, Jack was clearly morally blameworthy
3. No, there was no concurrence

Location: Mens Rea

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment

Cognitive Domain: Application

Question Type: MC

 

42. Which is an example of a law that imposes strict liability?
43. It is a criminal offense to knowingly house a wild animal with violent tendencies
44. It is a criminal offense to purposely house a wild animal with violent tendencies

*c. It is a criminal offense to house a wild animal with violent tendencies

1. It is a criminal offense to recklessly house a wild animal with violent tendencies

Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses.

Cognitive Domain: Application

Question Type: MC

 

43. Causation must be proven by what evidentiary standard?
44. Preponderance of the evidence
45. Strict liability
46. By clear and convincing evidence

*d. Beyond a reasonable doubt

Location: Causation

Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt

Cognitive Domain: Comprehension

Question Type: MC

 

44. What is required for a strict liability offense requires a mens rea.
45. Mens rea only
46. Mens rea and actus reus
47. A criminal act and criminal intent

*d. Actus reus only

Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses.

Cognitive Domain: Comprehension

Question Type: MC

 

45. Aiesha went to the mall with the intention of buying a purse for her date on Friday night. She went into XYZ and found a black and brown leather purse that was large enough for her to fit a jacket and an extra pair of shoes. She liked big purses because she always wants to make sure she has everything she needs. She walks up to the counter and pays for the purse and exits the store. As she leaves an alarm goes off. A retail associate comes to check her bag and finds various costume jewelry pieces in each of the purse pockets. Aiesha did not put them there and was unaware of their presence. Nonetheless, is Aiesha guilty of shoplifting?

*a. No, because chronological concurrence did not exist in this scenario.

1. Yes, because chronological concurrence did exist in this scenario
2. No, because she was negligent.
3. Yes, because she had criminal intent at the same time she committed the criminal act.

Location: Concurrence

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

Cognitive Domain: Application

Question Type: MC

 

True/False

 

46. True or False? The “mental part” of a crime is commonly termed actus reus.
47. True

*b. False

Location: Mens Rea

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.

Cognitive Domain: Comprehension

Question Type: TF

 

47. True or False? Proof of the defendant’s general intent typically is inferred from the nature of the act and the surrounding circumstances.

*a. True

1. False

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Comprehension

Question Type: TF

 

48. True or False? A general intent is a mental determination to accomplish a specific result.
49. True

*b. False

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Comprehension

Question Type: TF

 

49. True or False? The Model Penal Code established recklessly as the most serious category of criminal intent.
50. True

*b. False

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Comprehension

Question Type: TF

 

50. True or False? An example of knowledge of circumstances is to receive stolen property under mistaken facts.
51. True

*b. False

Location: Knowingly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently.

Cognitive Domain: Comprehension

Question Type: TF

 

51. True or False? The law does not consider individuals who are reckless less blameworthy than individuals who act purposely or knowingly.
52. True

*b. False

Location: Recklessly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Comprehension

Question Type: TF

 

52. True or False? Recklessness involves an awareness of harm that is lacking in negligence.

*a. True

1. False

Location: Recklessly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Comprehension

Question Type: TF

 

53. True or False? Congress and state legislatures typically indicate strict liability laws by omitting language such as knowingly and purposely.

*a. True

1. False

Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses.

Cognitive Domain: Comprehension

Question Type: TF

 

54. True or False? There must be concurrence between the actus reus and the mens rea.

*a. True

1. False

Location: Concurrence

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

Cognitive Domain: Comprehension

Question Type: TF

 

55. True or False? A criminal intent need not necessarily exist at the same time as the criminal act.
56. True

*b. False

Location: Concurrence

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

Cognitive Domain: Comprehension

Question Type: TF

 

56. True or False? Causation is central to criminal law and must be proven beyond a reasonable doubt.

*a. True

1. False

Location: Causation

Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt

Cognitive Domain: Knowledge

Question Type: TF

 

57. True or False? A defendant must be the factual cause of harm to be criminally convicted.

*a. True

1. False

Location: Legal or Proximate Cause

Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt

Cognitive Domain: Comprehension

Question Type: TF

 

58. True or False? Proximate cause analysis requires the jury to determine whether it is fair or just to hold a defendant legally responsible for an injury or death.

*a. True

1. False

Location: Legal or Proximate Cause

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: TF

 

59. True or False? A defendant is considered legally responsible for a victim’s injury or death that results from unforeseeable coincidental intervening acts.
60. True

*b. False

Location: Coincidental Intervening acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: TF

 

60. True or False? The defendant is generally liable for unforeseeable responsive intervening acts.
61. True

*b. False

Location: Responsive Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: TF

 

61. True or False? The defendant is considered responsible for foreseeable coincidental intervening acts.

*a. True

1. False

Location: Coincidental Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Comprehension

Question Type: TF

 

62. True or False? Medical negligence has consistently been viewed as foreseeable and does not break the chain of causation.

*a. True

1. False

Location: Responsive Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Knowledge

Question Type: TF

 

Short Answer and Essay

 

63. Summarize and discuss the People v. Cervantes case. Explain the court’s distinction between dependent intervening and independent intervening acts. What did the court find? Do you agree with the ruling? Why or why not?

Correct Answer:

The court found the defendant not guilty for the death of Cabrera because the murder was unforeseeable. Students must summarize the case by providing details such as what the prosecutors and the defense argued. They must sufficiently discuss the difference between the intervening causes, then provide their opinion on whether they agree with the ruling on the case or not.

Location: The Model Penal Code

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Analysis

Question Type: Essay/Short Answer

 

64. List three reasons for requiring moral blameworthiness.

Correct Answer:

Responsibility, deterrence, and punishment.

Location: Mens Rea

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.

Cognitive Domain: Comprehension

Question Type: Short Answer/Essay

 

65. What is circumstantial evidence?

Correct Answer:

Circumstantial evidence are evidence that helps to indirectly establish a criminal intent or criminal act.

Location: The Evidentiary Burden

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.

Cognitive Domain: Comprehension

Question Type: Short Answer/Essay

 

66. What is the difference between general intent and specific intent?

Correct Answer:

General intent is the intent to commit the criminal act without the need to demonstrate intent to violate the law. Specific intent consists of a mental determination to accomplish a specific result.

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Analysis

Question Type: Short Answer/Essay

 

67. What is transferred intent?

Correct Answer:

Transferred intent is when an individual’s intent to commit an act that was inadvertently committed against someone other than the actual target is “transferred” as if the victim was the actual target.

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Comprehension

Question Type: Short Answer/Essay

 

68. What are the four types of mental states provided in the Model Penal Code?

Correct Answer:

Purposely, knowingly, recklessly, negligently

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Comprehension

Question Type: Short Answer/Essay

 

69. What is the difference between purposely and knowingly?

Correct Answer:

Purposely is more morally blameworthy and is considered the most serious because the perpetrator intentionally and deliberately committed the act. Knowingly, on the other hand, does not necessarily amount to committing a deliberate act. Rather, when committing an act, the perpetrator is aware that circumstances exist, or as a result is practically certain to follow from his or her conduct.

Location: Purposely/Knowingly

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Analysis

Question Type: Short answer/essay

 

70. What is the difference between reckless and negligence?

Correct Answer:

The main difference between recklessness and negligence lies in the individual’s awareness of risks involved in the committed act. Reckless individuals are aware that their behavior is risky and creates a risk of substantial and unjustifiable harm. Negligent individuals are not actually aware that there is a risk.

Location: Recklessly/ Negligently

Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and knowingly and between the criminal intents of recklessly and negligently

Cognitive Domain: Analysis

Question Type: Short answer/essay

 

71. What is chronological concurrence?

Correct Answer:

Chronological concurrence is when a criminal intent must exist at the same time as a criminal act.

Location: Concurrence

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

Cognitive Domain: Comprehension

Question Type: Short answer/ Essay

 

72. What is the difference between factual cause and proximate cause?

Correct Answer:

Factual cause asks whether “but for” the criminal’s act, the victim would have suffered the harm. Proximate causes are those intervening acts or events that may actually have caused the harm to the victim.

Location: Cause In Fact/ Legal or Proximate Cause

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Analysis

Question Type: Short Answer/ Essay

 

73. What is the difference between coincidental intervening acts and responsive intervening acts?

Correct Answer:

Coincidental intervening acts are those events that happen outside the control of the perpetrator. Responsive intervening acts are the acts committed by a victim as a response to a perpetrator’s act.

Location: Coincidental Intervening Acts/ Responsive Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Analysis

Question Type: Short Answer/Essay

 

74. Compare and contrast the types of mental states provided by the Model Penal Code. Provide a scenario for each type of mental state to develop your answer.

Correct Answer:

(1) Purposeful acts are done intentionally and deliberately – “You borrowed my car and wrecked it on purpose.” (2) Knowingly – “You may not have purposely wrecked my car, but you knew that you were almost certain to get in an accident because you never driven such a powerful and fast automobile.” (3) Recklessly – “You may not have purposely wrecked my car, but you were driving over the speed limit on a rain-soaked and slick road in heavy traffic and certainly realized that you were extremely likely to get into an accident.” (4) Negligently – “You may not have purposely wrecked my car and apparently did not understand the power of the auto’s engine, but I cannot overlook your lack of awareness of the risk of an accident. After all, any reasonable person would have been aware that such an expensive sports car would pack a punch and would be difficult for a new driver to control.”

Location: The Model Penal Code Standard

Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.

Cognitive Domain: Analysis

Question Type: Short Answer/Essay

 

75. Is it simple to establish mens rea beyond a reasonable doubt? Why or why not? What is the most reliable indication of intent? What are some different ways to show mens rea?

Correct Answer:

It is typically not simple to establish mens rea beyond a reasonable doubt because it is impossible to read minds. Nevertheless, intent is still inferable through the nature of the crime, surrounding circumstances, confessions as well as statements made to friends.

Location: Mens Rea

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.

Cognitive Domain: Analysis

Question Type: Short Answer/Essay

 

76. What is the difference between a purposeful intent and a strict liability offense? Provide an example of each to support your answer.

Correct Answer:

Purposeful acts are committed intentionally and deliberately meaning that there was intent to commit an act to accomplish a specific result. Strict liability offenses, on the other hand, do not require mens rea (which “Purposely” is a type of).

Location: Strict Liability

Learning Objective: 1.4 Know the characteristics of strict liability offenses.

Cognitive Domain: Analysis

Question Type: Short Answer/ Essay

 

77. Marty and Sarah are fighting. Sarah shoots a gun at Marty and the bullet grazes Marty’s arm. Marty runs out of the house and into the street. Barry is driving down the street 20 mph over the speed limit. Unable to see Marty on the dimly lit road, Barry hits Marty and Marty dies instantly. What is the cause-in-fact in this scenario? What is the proximate cause of Marty’s death? Is the intervening act coincidental or responsive? Who would you hold liable for Marty’s death?

Correct Answer:

The cause in fact is Sarah shooting at Marty. “But for” her act, Marty would not have run out of the house and into the street. The proximate cause/intervening cause is Barry hitting Marty with his car, which is coincidental intervening act. Liability would rest on whether the student argues that a car going 20 mph over the speed limit on a dimly lit road is foreseeable or not. If a student argues that it is foreseeable, then Sarah would be liable. If it is not foreseeable, then Sarah is not liable.

Location: Causation

Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt

Cognitive Domain: Analysis

Question Type: Short Answer/ Essay

 

78. Write a scenario where a defendant would not be considered legally responsible for a victim’s injury or death that results from a coincidental intervening act. Be sure to indicate the factual cause and the proximate cause. Now write a scenario where the defendant would be held legally liable for a coincidental intervening act. Why would the defendant be held liable in the second scenario?

Correct Answer:

Liability would depend on whether the coincidental intervening act is foreseeable or unforeseeable. Foreseeable coincidental intervening causes such as lightning during a thunderstorm would hold a defendant liable. On the other hand, unforeseeable coincidental intervening causes such as lightning during a clear night would not hold a defendant liable.

Location: Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Application

Question Type: Essay/ Short Answer

 

79. Write a scenario where a defendant would not be considered legally responsible for a victim’s injury or death that results from a responsive intervening act. Be sure to indicate the factual cause and the proximate cause. Now write a scenario where the defendant would be held legally liable for a responsive intervening act. Why would the defendant be held liable in the second scenario?

Correct Answer:

Same as coincidental intervening acts, liability would depend on whether the responsive intervening act is foreseeable or unforeseeable.

Location: Intervening Acts

Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental intervening cause, and responsive intervening cause.

Cognitive Domain: Application

Question Type: Essay/ Short Answer

 

80. Explain why similar crimes committed with different levels of intent are punished differently.

Correct Answer:

Differing levels of intents (purposely, knowingly, recklessly, and negligently) are established to assign differing levels of moral blameworthiness. Those who commit negligent acts are deemed less blameworthy than those who commit acts with intent and deliberation. Students may provide relevant examples, such as the cases provided in the text, to illustrate each level of intent.

Location: Mens Rea

Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.

Cognitive Domain: Analysis

Question Type: Essay/Short Answer