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Question 1
Mike is an honors student who has just graduated at the top of his high school class and will be attending Harvard University in the fall. Unfortunately, Mike falls in with a bad crowd during the summer and one of Mike's new friends, a heroin addict, convinced Mike to try drugs. Within a month, Mike is an addict himself. He gives up his place at Harvard and, over the next two years, does nothing but sell and use a variety of illegal drugs. One day, Mike is picked up in a police sweep and is put in prison for violating a statute that has criminalized the sale, use and addiction to illegal substances. If Mike is charged with using heroin and being a heroin addict, he will be:
Correct
Incorrect!
Correct The Eighth Amendment Ban on Cruel and Unusual Punishment makes it unconstitutional to define crimes in terms of a person's status. In other words, people cannot be criminally prosecuted for simply being something, like an alcoholic or a drug addict. However, people can be criminally prosecuted for illegal acts. That being the case, Mike can be convicted for using heroin but he cannot be convicted for his status as a heroin addict. Therefore, B is the correct answer.
Incorrect! The Eighth Amendment Ban on Cruel and Unusual Punishment makes it unconstitutional to define crimes in terms of a person's status. In other words, people cannot be criminally prosecuted for simply being something, like an alcoholic or a drug addict. However, people can be criminally prosecuted for illegal acts. That being the case, Mike can be convicted for using heroin but he cannot be convicted for his status as a heroin addict. Therefore, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
The state legislature has recently passed the "Anti-Drug Proliferation Act" which makes it a crime to intentionally synthesize, process, package and sell any kind of illegal drug. Mike is charged with violating this statute. During the trial, the prosecution successfully proves that Mike intentionally processed, packaged and sold drugs. However they cannot prove that Mike synthesized the drugs. Despite this, the fact that the prosecution proved three of the four elements of the crime will be enough to win a conviction:
Correct
Incorrect!
Correct In order to convict a defendant of committing a crime, the prosecutor must prove that the defendant committed each specific act required in the crime's definition. Since this crime required the commission of four different acts, the prosecution will have to prove that Mike committed all four acts in order to win a conviction. Proving anything less will not be enough. That being the case, FALSE is the correct answer.
Incorrect! In order to convict a defendant of committing a crime, the prosecutor must prove that the defendant committed each specific act required in the crime's definition. Since this crime required the commission of four different acts, the prosecution will have to prove that Mike committed all four acts in order to win a conviction. Proving anything less will not be enough. That being the case, FALSE is the correct answer.
Question 3
Jack and Jill go up the hill to fetch a pail of water. On the way down, Jack trips and hits his head on a rock. The blow to Jack's head blacks him out. When he comes to, he sees Jill lying next to him with blood covering her face. Jack has no idea what has happened to Jill. When Jill comes to, she goes to the police and claims that, after Jack hit his head, he got up and began to wildly swing his arms, one of which hit Jill in the face and broke her nose. If Jack is tried for criminal battery, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Where criminal liability is based on an affirmative act, the prosecution must show that the defendant made a conscious and volitional movement. That being the case, things like reflexes, convulsions and movements made while the defendant is sleeping or otherwise unconscious do not meet the legal definition of an act because they are not volitional. Here, Jack was in a state of unconsciousness when he hit Jill. That being the case, his actions were not volitional and he cannot be convicted. Therefore, D is the correct answer.
Incorrect! Where criminal liability is based on an affirmative act, the prosecution must show that the defendant made a conscious and volitional movement. That being the case, things like reflexes, convulsions and movements made while the defendant is sleeping or otherwise unconscious do not meet the legal definition of an act because they are not volitional. Here, Jack was in a state of unconsciousness when he hit Jill. That being the case, his actions were not volitional and he cannot be convicted. Therefore, D is the correct answer.
Question 4
Jack and Jill go up the hill to fetch a pail of water. Thinking that this chore will take a few hours, Jack packs some snacks for the trip. Although Jack knows that he is highly allergic to chocolate he packs several chocolate bars and chocolate cookies along with some sandwiches. During the hike up the hill, Jack eats three of the chocolate bars and has a severe allergic reaction which temporarily blacks him out. When he comes to, he sees Jill lying next to him with blood covering her face. Jack has no idea what has happened to Jill. When Jill comes to, she goes to the police and claims that, after Jack ate the chocolate, he began to wildly swing his arms, one of which hit Jill in the face and broke her nose. If Jack is tried for criminal battery, he will probably be:
Correct
Incorrect!
Correct Where criminal liability is based on an affirmative act, the prosecution must show that the defendant made a conscious and volitional movement. That being the case, things like reflexes, convulsions and movements made while the defendant is sleeping or otherwise unconscious do not meet the legal definition of an act because they are not volitional. However, if the defendant was at fault for bringing about his state of unconsciousness, he will be responsible for the acts he commits while unconscious. Here, Jack was responsible for bringing about his unconsciousness. Therefore, he is also responsible for his actions while he was unconscious. That being the case, Jack can be convicted for hitting Jill and B is the correct answer.
Incorrect! Where criminal liability is based on an affirmative act, the prosecution must show that the defendant made a conscious and volitional movement. That being the case, things like reflexes, convulsions and movements made while the defendant is sleeping or otherwise unconscious do not meet the legal definition of an act because they are not volitional. However, if the defendant was at fault for bringing about his state of unconsciousness, he will be responsible for the acts he commits while unconscious. Here, Jack was responsible for bringing about his unconsciousness. Therefore, he is also responsible for his actions while he was unconscious. That being the case, Jack can be convicted for hitting Jill and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Orion is an avid hunter and he invites his friend, Artimus, to his hunting lodge for a weekend. After a long day chasing deer and rabbits, Orion and Artimus return to the lodge exhausted. Orion places his hunting rifle, still loaded, on the table and falls into bed. Orion knows that he is a frequent sleepwalker and that he has been prone to violent outbursts while he sleepwalks. Usually, as a precaution, he unloads all of his weapons and places the guns and the ammunition in different locked closets around the lodge. However, tonight, he is simply too tired. During the night, Orion has a sleepwalking episode and, in a violent outburst, shoots and kills Artimus. If Orion is tried for murder, we will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct Although a person cannot be found criminally liable if his actions are not volitional, he can be found criminally liable if he engages in a course of action knowing that he may unintentionally become unconscious and hurt somebody while he is engaging in that course of action. Here, Orion went to sleep knowing that there was a possibility that he could start sleepwalking and hurt Artimus. Further, Orion knew what safety precautions to take and he did not take them. Therefore, he can be convicted of Artimus' murder and C is the correct answer.
Incorrect! Although a person cannot be found criminally liable if his actions are not volitional, he can be found criminally liable if he engages in a course of action knowing that he may unintentionally become unconscious and hurt somebody while he is engaging in that course of action. Here, Orion went to sleep knowing that there was a possibility that he could start sleepwalking and hurt Artimus. Further, Orion knew what safety precautions to take and he did not take them. Therefore, he can be convicted of Artimus' murder and C is the correct answer.
Correct
Incorrect!
Question 6
Orville and Wilbur, two best friends, are hiking along a river looking for a good fishing spot. Orville trips over a rock and falls into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. Wilbur is highly amused by his friend's plight and, instead of helping Orville, he sits down on the banks of the river and begins laughing at him. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Correct Under certain circumstances, criminal liability can be based on a defendant's failure to act. However, in order to win a conviction, the prosecution must prove that the defendant was under a legal duty to act, the defendant knew that he needed to act and, it was possible for the defendant to act. Here, Wilbur was not under a legal duty to act. It is true that if the defendant has a special relationship to the victim, he may have a duty to act in certain situations. However, a friendship is not one of the relationships that require one person to come to the aid of a second person. That being the case, Wilbur cannot be convicted for Orville's death and A is the correct answer.
Incorrect! Under certain circumstances, criminal liability can be based on a defendant's failure to act. However, in order to win a conviction, the prosecution must prove that the defendant was under a legal duty to act, the defendant knew that he needed to act and, it was possible for the defendant to act. Here, Wilbur was not under a legal duty to act. It is true that if the defendant has a special relationship to the victim, he may have a duty to act in certain situations. However, a friendship is not one of the relationships that require one person to come to the aid of a second person. That being the case, Wilbur cannot be convicted for Orville's death and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 7
Orville and Wilbur, two best friends, are hiking along a river looking for a good fishing spot. Orville trips over a rock and falls into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. The current begins to sweep Orville away and Wilbur grabs a branch and starts to chase after Orville so that he can fish Orville out of the water. Several bystanders are in a position to help Orville as well but they do nothing when they see that Wilbur is helping. Wilbur has almost caught up to Orville when he decides to go back to the fishing spot and let Orville fend for himself. At this point, it is too late for anybody else to help Orville. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Correct
Incorrect!
Correct
Incorrect!
Correct Under certain circumstances, criminal liability can be based on a defendant's failure to act. However, in order to win a conviction, the prosecution must prove that the defendant was under a legal duty to act, the defendant knew that he needed to act and, it was possible for the defendant to act. Here, Wilbur was not initially under a legal duty to act but he voluntarily undertook to aid Orville. In this situation, since Wilbur undertook to help Orville and than abandoned his rescue efforts and, because his abandonment left Orville in a condition that was worse than he would have been in had Wilbur not started to help at all, Wilber can be convicted for Orvilles death. Therefore C is the correct answer.
Incorrect! Under certain circumstances, criminal liability can be based on a defendant's failure to act. However, in order to win a conviction, the prosecution must prove that the defendant was under a legal duty to act, the defendant knew that he needed to act and, it was possible for the defendant to act. Here, Wilbur was not initially under a legal duty to act but he voluntarily undertook to aid Orville. In this situation, since Wilbur undertook to help Orville and than abandoned his rescue efforts and, because his abandonment left Orville in a condition that was worse than he would have been in had Wilbur not started to help at all, Wilber can be convicted for Orvilles death. Therefore C is the correct answer.
Correct
Incorrect!
Question 8
Orville and Wilbur, two best friends, are hiking along a river looking for a good fishing spot. As they are walking, Wilbur plays a joke on Orville by pushing him into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. Wilbur is highly amused by his friend's plight and, instead of helping Orville, he sits down on the banks of the river and begins laughing at him. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A defendant will have the duty to aid another person if he wrongfully placed the victim in harm's way to begin with. In this situation, failure to help the victim will result in criminal prosecution. Here, Wilbur put Orville in danger. Therefore, he was under a legal obligation to go to Orville's aid and by failing to do so, he can be convicted for Orville's death. Thus, D is the correct answer.
Incorrect! A defendant will have the duty to aid another person if he wrongfully placed the victim in harm's way to begin with. In this situation, failure to help the victim will result in criminal prosecution. Here, Wilbur put Orville in danger. Therefore, he was under a legal obligation to go to Orville's aid and by failing to do so, he can be convicted for Orville's death. Thus, D is the correct answer.
Question 9
Wilbur and his son Orville are hiking along a river looking for a good fishing spot. Once they find a spot, Wilbur lies down under a tree and falls asleep. While Wilbur is asleep, Orville falls into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. Wilbur is in a deep sleep and never hears Orville thrashing around and calling for help. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Correct
Incorrect!
Correct Under certain circumstances, criminal liability can be based on a defendant's failure to act. However, in order to win a conviction, the prosecution must prove that the defendant was under a legal duty to act, the defendant knew that he needed to act and, it was possible for the defendant to act. Here, Wilbur was under a legal duty to act and it was possible for him to do so. However, Wilbur never knew that Orville needed his help. Therefore, he cannot be convicted of Orville's death and B is the correct answer.
Incorrect! Under certain circumstances, criminal liability can be based on a defendant's failure to act. However, in order to win a conviction, the prosecution must prove that the defendant was under a legal duty to act, the defendant knew that he needed to act and, it was possible for the defendant to act. Here, Wilbur was under a legal duty to act and it was possible for him to do so. However, Wilbur never knew that Orville needed his help. Therefore, he cannot be convicted of Orville's death and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 10
Wilbur and his son Orville drive up to their favorite fishing spot along the river. Wilbur, who is nursing a broken leg, is sitting in a beach chair on the banks of the river while Orville plays in the water. Orville slips on some rocks, hits his head and is knocked unconscious. Because of his leg, Wilbur cannot to anything to help his son. However, he pulls out his cellular phone and calls for help. Unfortunately, by the time help arrives, the current has swept Orville downstream and Orville had drowned. If Wilbur is charged with murder, he will be:
Correct
Incorrect!
Correct A defendant who has a legal duty to act and who is aware that his actions are required will not be convicted for failing to act if, at the time his actions were necessary, it was impossible for him to act. However, even if it is impossible for the defendant to act on his own, he can be prosecuted if it was reasonably possible for him to get other people to help the victim but failed to do so. Here, it was impossible for Wilbur to act on his own but it was possible for him to call for help, which he did do. That being the case, Wilbur fulfilled his legal duty and he can not be prosecuted for Orville's death. Thus, B is the correct answer.
Incorrect! A defendant who has a legal duty to act and who is aware that his actions are required will not be convicted for failing to act if, at the time his actions were necessary, it was impossible for him to act. However, even if it is impossible for the defendant to act on his own, he can be prosecuted if it was reasonably possible for him to get other people to help the victim but failed to do so. Here, it was impossible for Wilbur to act on his own but it was possible for him to call for help, which he did do. That being the case, Wilbur fulfilled his legal duty and he can not be prosecuted for Orville's death. Thus, B is the correct answer.