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Exam 3: Essential Elements of a Crime

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Question 31

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

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Question 32

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

A) Receiving stolen property
B) Robbery
C) Possession of illegal substances
D) Homicide

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Question 33

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The Latin term mens rea refers to:

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.

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

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

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.

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

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

Actus rea is the  ____ act or omission.

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

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

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.

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

A strict liability offense is one without:

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

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 crime requires specific intent?

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.

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