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Exam 3: The Elements of Criminal Liability

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Question 21

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Match each term with its definition. -Mistake of Law

A) One of the core requirements of a crime; meaning "evil act."
B) Where is no requirement for resulting harm.
C) The requirement that the defendant is responsible for the harm in result crimes.
D) Where there is a requirement for actual harm.
E) The mental state or criminal intent of the defendant.
F) The defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

G) C) and E)
H) A) and D)

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Question 22

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Causation can occur from an omission.

A) True
B) False

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Question 23

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Temporal concurrence means that the ________ must accompany the ________ in time.

An act is considered ________ when it is in some way willed by the actor.

Mistake of law can potentially be used as a defense or to negate the mens rea requirement of a crime.

Hank went to the grocery store, selected 10 items from the shelves, and then visited a cashier who began scanning the items. Assume that Hank was talking on his cell phone and failed to notice that the cashier missed an item. Assume further that on leaving the store, a security guard noticed that Hank was leaving with an item that he had not paid for. Hank was prosecuted for theft. Was Hank's theft a mistake of fact or a mistake of law? Explain. Further, what is the likelihood conviction for Hank?

In order to determine ________ causation, courts typically apply a "but for,"or sine qua non test.

If George pushes Gary, who cannot swim, into a lake; Gary struggles and cries out for help; and George fails to assist, George can be guilty of a crime. Which omission would satisfy the actus reus requirement specific to George's situation?

These crimes are offenses that are not complete without actual harm.

________ of the law is when a defendant who does not know there is a law applying to his or her activity.

Another event besides the actions of the defendant that resulted in the harm after the defendant acted is known as a(n) ________ cause.

Identify and define the four mental states used within the Modern Penal Code? Identify which is the most culpable state of mind. Using the four mental states, provide an explanation of the mentality for the killing of an individual.

The doctrines of legality and lenity fit within the ________ part of the criminal law.

Motivational concurrence means that the mens rea must accompany the actus reus in time.

Explain the three main situations in which ignorance or mistake can serve as a defense to criminal liability.

Reckless driving is an example of a ________ crime.

Motive is the intent to commit a wrongful act without a legitimate cause or excuse.

An omission cannot satisfy the actus reus element of crime.

There cannot be a crime without some action or inaction on the part of the defendant.

Which is NOT one of the three basic elements to criminal liability?