Question 1

List and discuss five conditions under which an individual has a duty to intervene. Give an example of each.

Accepted Answer

There are seven different situations whe...

Question 2

The practical considerations of requiring that a criminal act be voluntary include all of the following EXCEPT ______.

Accepted Answer

A)   there is a strong need to deter individuals who involuntary engage in criminal conduct
B)   it would be fundamentally unfair to punish those who do not consciously choose to engage in criminal conduct
C)   involuntary actors cannot be considered morally blameworthy
D)   there is no need to incapacitate or rehabilitate individuals who voluntary engage in criminal conductE) A) and B)
F) A) and C)

Question 3

In which situation is the individually likely to be charged with a crime if stopped by a police officer?

Accepted Answer

A)   a known prostitute who is spotted ordering coffee at the neighborhood spot
B)   a known gang member who is walking with his child to the supermarket
C)   a communist man expressing his views in a public forum
D)   a drug user who is also selling in an open air marketE) A) and B)
F) A) and C)

Question 4

All of the following involuntary acts are covered under the Model Penal Code EXCEPT ______.

Accepted Answer

A)   convulsions
B)   acts committed under hypnosis
C)   reflexes
D)   eyerollsE) C) and D)
F) B) and C)

Question 5

List a reason as to why the criminal law punishes voluntary acts and does NOT penalize thoughts.

Accepted Answer

A strong answer will identify the follow...

Question 6

The common law recognized that individuals possess an obligation to assist their child, spouse, or employee. This is known as a(n)  ______.

Accepted Answer

A)   statute
B)   status
C)   contract
D)   assumptionE) C) and D)
F) A) and D)

Question 7

What types of acts are covered under the Model Penal Code as involuntary acts? Do you believe these acts should be protected? Why or why not? Are there others that you would add to the list? If so, discuss why you would add them. What are some of the issues and challenges posed by using these involuntary acts as a defense during trial?

Accepted Answer

Four of the involuntary acts covered und...

Question 8

Which case held that the defendants had been improperly arrested and punished because they were unemployed "hippies"?

Accepted Answer

A)   People v. Kellogg
B)   Wheeler v. Goodman
C)   Brown v. Board of Education
D)   Robinson v. CaliforniaE) C) and D)
F) B) and D)

Question 9

It is NOT necessary for the voluntary act to have caused the social harm to be punishable under the relevant statute.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following offenses is considered a possession?

Accepted Answer

A)   moral
B)   attempt
C)   omission
D)   preparatoryE) A) and B)
F) All of the above

Question 11

______ possession refers to contraband that is outside of an individual's physical control over which he or she exercises control as a result of access to the location where the items are stored or through his or her ability to control an individual with physical control over the contraband.

Accepted Answer

A)   Mere
B)   Constructive
C)   Joint
D)   MultipleE) B) and C)
F) A) and B)

Question 12

An obligation to intervene may be created by an agreement or a(n)  ______.

Accepted Answer

A)   statute
B)   status
C)   contract
D)   assumptionE) All of the above
F) A) and B)

Question 13

Why do we have the American bystander rule? What are the criticisms of the American bystander rule? Which argument do you agree with? Why?

Accepted Answer

Answers may vary.
There are seven reason...

Question 14

What does fleeting possession permit?

Accepted Answer

Fleeting possession permits an...

Question 15

In State v. Mally the duty to intervene was recognized on what basis?

Accepted Answer

A)   status
B)   control
C)   contract
D)   creation of perilE) A) and B)
F) A) and C)

Question 16

The basic rule in the United States is that an individual is not legally required to assist a person who is in peril.

Accepted Answer

A) True 
 B)False

Question 17

Mere possession refers to an individual's awareness that he or she is in possession of contraband.

Accepted Answer

A) True 
 B)False

Question 18

A(n)  ______ is a failure to act or a negative act.

Accepted Answer

A)   dependent
B)   involuntary
C)   omission
D)   conflictE) A) and B)
F) A) and D)

Question 19

Why is the punishment of a status offense considered cruel and usual?

Accepted Answer

A)   It involves punishment for a condition or characteristic that may not be translated into socially harmful acts.
B)   It violates due process.
C)   It is only considered cruel and unusual in the case of alcohol and drug users.
D)   It is never cruel and unusual.E) None of the above
F) B) and C)

Question 20

______ describes a situation wherein an individual takes on responsibility for and a legal duty to a stranger in peril because he or she chose to assist.

Accepted Answer

A)   Contractual duty
B)   Assumption of duty
C)   Creation of peril
D)   Statutory dutyE) A) and D)
F) None of the above

Exam 4: Actus Reus

An obligation to intervene may be created by an agreement or a(n) ______.

Correct Answer
verified

It is NOT necessary for the voluntary act to have caused the social harm to be punishable under the relevant statute.

Correct Answer
verified

Which case held that the defendants had been improperly arrested and punished because they were unemployed "hippies"?

Correct Answer
verified

List and discuss five conditions under which an individual has a duty to intervene. Give an example of each.

Correct Answer
verified
There are seven different situations whe...
View Answer

Why is the punishment of a status offense considered cruel and usual?

Correct Answer
verified

In which situation is the individually likely to be charged with a crime if stopped by a police officer?

Correct Answer
verified

The practical considerations of requiring that a criminal act be voluntary include all of the following EXCEPT ______.

Correct Answer
verified

Mere possession refers to an individual's awareness that he or she is in possession of contraband.

Correct Answer
verified

The basic rule in the United States is that an individual is not legally required to assist a person who is in peril.

Correct Answer
verified

The common law recognized that individuals possess an obligation to assist their child, spouse, or employee. This is known as a(n) ______.

Correct Answer
verified

Which of the following offenses is considered a possession?

Correct Answer
verified

______ possession refers to contraband that is outside of an individual's physical control over which he or she exercises control as a result of access to the location where the items are stored or through his or her ability to control an individual with physical control over the contraband.

Correct Answer
verified

In State v. Mally the duty to intervene was recognized on what basis?

Correct Answer
verified

Correct Answer
verified
Four of the involuntary acts covered und...
View Answer

Why do we have the American bystander rule? What are the criticisms of the American bystander rule? Which argument do you agree with? Why?

Correct Answer
verified
Answers may vary.
There are seven reason...
View Answer

A(n) ______ is a failure to act or a negative act.

Correct Answer
verified

All of the following involuntary acts are covered under the Model Penal Code EXCEPT ______.

Correct Answer
verified

List a reason as to why the criminal law punishes voluntary acts and does NOT penalize thoughts.

Correct Answer
verified
A strong answer will identify the follow...
View Answer

______ describes a situation wherein an individual takes on responsibility for and a legal duty to a stranger in peril because he or she chose to assist.

Correct Answer
verified

What does fleeting possession permit?

Correct Answer
verified
Fleeting possession permits an...
View Answer

Exam 4: Actus Reus

An obligation to intervene may be created by an agreement or a(n) ______.

Correct AnswerverifiedShow Answer

It is NOT necessary for the voluntary act to have caused the social harm to be punishable under the relevant statute.

Correct AnswerverifiedShow Answer

Which case held that the defendants had been improperly arrested and punished because they were unemployed "hippies"?

Correct AnswerverifiedShow Answer

List and discuss five conditions under which an individual has a duty to intervene. Give an example of each.

Correct AnswerverifiedThere are seven different situations whe...View AnswerShow Answer

Why is the punishment of a status offense considered cruel and usual?

Correct AnswerverifiedShow Answer

In which situation is the individually likely to be charged with a crime if stopped by a police officer?

Correct AnswerverifiedShow Answer

The practical considerations of requiring that a criminal act be voluntary include all of the following EXCEPT ______.

Correct AnswerverifiedShow Answer

Mere possession refers to an individual's awareness that he or she is in possession of contraband.

Correct AnswerverifiedShow Answer

The basic rule in the United States is that an individual is not legally required to assist a person who is in peril.

Correct AnswerverifiedShow Answer

The common law recognized that individuals possess an obligation to assist their child, spouse, or employee. This is known as a(n) ______.

Correct AnswerverifiedShow Answer

Which of the following offenses is considered a possession?

Correct AnswerverifiedShow Answer

______ possession refers to contraband that is outside of an individual's physical control over which he or she exercises control as a result of access to the location where the items are stored or through his or her ability to control an individual with physical control over the contraband.

Correct AnswerverifiedShow Answer

In State v. Mally the duty to intervene was recognized on what basis?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedFour of the involuntary acts covered und...View AnswerShow Answer

Why do we have the American bystander rule? What are the criticisms of the American bystander rule? Which argument do you agree with? Why?

Correct AnswerverifiedAnswers may vary.There are seven reason...View AnswerShow Answer

A(n) ______ is a failure to act or a negative act.

Correct AnswerverifiedShow Answer

All of the following involuntary acts are covered under the Model Penal Code EXCEPT ______.

Correct AnswerverifiedShow Answer

List a reason as to why the criminal law punishes voluntary acts and does NOT penalize thoughts.

Correct AnswerverifiedA strong answer will identify the follow...View AnswerShow Answer

______ describes a situation wherein an individual takes on responsibility for and a legal duty to a stranger in peril because he or she chose to assist.

Correct AnswerverifiedShow Answer

What does fleeting possession permit?

Correct AnswerverifiedFleeting possession permits an...View AnswerShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
There are seven different situations whe...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Four of the involuntary acts covered und...
View Answer

Correct Answer
verified
Answers may vary.
There are seven reason...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A strong answer will identify the follow...
View Answer

Correct Answer
verified

Correct Answer
verified
Fleeting possession permits an...
View Answer