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Exam 3: The Elements of Criminal Liability

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Question 1

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________________ of the criminal law refers to the basic elements that form the foundation of the criminal law in America.

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Question 2

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When the consequences of a person's actions are desired, this is known as direct intent.

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A parent's duty to protect his or her child requires affirmative performance to prevent harm and that failure to act may mean that the parent knowingly endangers the welfare of the child.

Only a few states have laws that require certain officials to report actions such as child abuse. Failure to report can lead to criminal liability by omission.

__________________ exists when the defendant claims to misunderstand the law as it applies to the specific circumstances.

Traditional actus reus is concerned with culpability, or an offender's level of blameworthiness for a crime.

________________ are laws that make it a crime for someone to fail to come to the aid of another who is in danger.

You are an investigator who has been assigned a case of elder abuse. The suspect has legal responsibility of care, custody, and control of his elderly mother, who is a victim of Alzheimer's disease. The suspect knows that the victim is prone to wandering aimlessly all hours of the night and day. However, the suspect neglects to lock the doors on a given night. The victim leaves the home around 2:00 a.m.and walks down the center of a major highway adjacent to the home. The driver of an approaching vehicle did not seen the victim soon enough to avoid hitting the victim. The victim was pronounced dead at the scene. You have been charged with the investigation to determine if the suspect may have caused the situation to occur. What will you have to prove to be able to develop probable cause in this case?

The five basic elements of culpable mental states are _____________________.

_____________________ is concerned with culpability, or an offender's level of blameworthiness for a crime. The offender is considered morally bankrupt.

What is the requirement that the defendant's conduct was the cause in fact of the harm?

What is the term that refers to cases where a person can be held criminally liable in the complete absence of mens rea?

Match each word with the appropriate definition or description.

Who stated that "the true explanation of the rule is the same as that which accounts for the law's indifference to a man's particular temperament, faculties, and so forth?"

When determining whether to file charges, why is it important to distinguish between a defendant who does not know there is a law applying to his or her activity versus a defendant who knows there is a relevant law, but is not sure whether it applies in the exact circumstances in question?

What is the intent to commit the actus reus or criminal act of the crime only?

What element or attendant circumstances do some crimes contain? For example, in the crime of driving under the influence, the circumstance unique to that offense is "under the influence."

The apparent safety doctrine holds that a defendant is the legal cause of a resulting harm if the victim reaches a place of "apparent safety," at which point an intervening cause of harm comes into play.

What type of causation, also known as "proximate" causation, is concerned with who should be held criminally responsible?

What type of crimes are crimes that require actual harm?