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Question 1
Robert and Ed are jewel thieves and they are planning the most daring heist of their careers. They have found out that the crown jewels, belonging to the Queen of England, are to be brought to America and kept in the vault of the Federal Reserve Bank in New York for safe keeping. Robert and Ed take three months to plan the robbery. However, two days before the robbery is supposed to take place, they find out that the crown jewels are being kept together with a Darjeeling necklace belonging to the Prime Minister of India and a jewel encrusted golden sword belonging to the Sultan of Brunei in a small safe within the main vault. Although Robert and Ed are only interested in the crown jewels, they proceed with the robbery anyway. They successfully steal the small safe and, upon arriving at their hideout and blowing the safe open, they find all three pieces of jewelry. According to the Model Penal Code's definitions of intent, Robert and Ed have:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct According to the Model Penal Code, a person acts intentionally if he acts with the intent that his action cause a certain result and he acts knowingly if he is aware that his conduct will result in certain consequences even if he does not intend for those consequences to occur. In this case, Robert and Ed acted with the intent to steal the crown jewels from the Queen. Further, although they were not interested in stealing the necklace and the sword from the Prime Minister and the Sultan respectively, they acted with the certainty that their actions would result in the Prime Minister and Sultan being stolen from. That being the case, they have intentionally stolen from the Queen and knowingly stolen from the Prime Minister and Sultan and D is the correct answer.
Incorrect! According to the Model Penal Code, a person acts intentionally if he acts with the intent that his action cause a certain result and he acts knowingly if he is aware that his conduct will result in certain consequences even if he does not intend for those consequences to occur. In this case, Robert and Ed acted with the intent to steal the crown jewels from the Queen. Further, although they were not interested in stealing the necklace and the sword from the Prime Minister and the Sultan respectively, they acted with the certainty that their actions would result in the Prime Minister and Sultan being stolen from. That being the case, they have intentionally stolen from the Queen and knowingly stolen from the Prime Minister and Sultan and D is the correct answer.
Question 2
Moe, Larry and Curley go up to Moe's lodge for a weekend of hunting. After an afternoon spent chasing deer, they get bored and decide to test their marksmanship. Moe, Larry and Curley each agree to take turns putting an apple on their heads and letting the other two try to shoot it off with a pistol. Moe puts the apple on his head first and Curley takes the pistol. Curley is not a very good shot and he knows that there is a very good chance that he might hit Moe. However, he decides to give it a try anyway. Sure enough, instead of hitting the apple, he accidentally shoots Moe between the eyes killing him instantly. According to the Model Penal Code's definitions of intent, Curley has acted:
Correct
Incorrect!
Correct
Incorrect!
Correct A person acts recklessly if he is aware of a substantial risk that a certain result will occur as a result of his actions. The risk must be substantial enough that the action represents a gross deviation from what a reasonable law abiding person would do. In this case, Curley acted knowing that there was a substantial risk that he could seriously injure or kill Moe. Further, the risk is great enough that Curley's actions represented a gross deviation from that which a normal law abiding citizen would do. Therefore, Curley has acted with recklessness and C is the correct answer.
Incorrect! A person acts recklessly if he is aware of a substantial risk that a certain result will occur as a result of his actions. The risk must be substantial enough that the action represents a gross deviation from what a reasonable law abiding person would do. In this case, Curley acted knowing that there was a substantial risk that he could seriously injure or kill Moe. Further, the risk is great enough that Curley's actions represented a gross deviation from that which a normal law abiding citizen would do. Therefore, Curley has acted with recklessness and C is the correct answer.
Correct
Incorrect!
Question 3
Moe, Larry and Curley go up to Moe's lodge for a weekend of hunting. After an afternoon spent chasing deer, they get bored and decide to test their marksmanship. Moe, Larry and Curley each agree to take turns putting an apple on their heads and letting the other two try to shoot it off with a pistol. Moe puts the apple on his head first and Curley takes the pistol. For some reason, Curley does not recognize the risk involved in what he is about to do. Unfortunately, when Curley shoots the gun, he misses the apple and accidentally shoots Moe between the eyes killing him instantly. According to the Model Penal Code's definitions of intent, Curley has acted:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness the actor must be aware of the risk involved with her actions whereas, for negligence, the actor is not aware of the risks but should have known what those risks were. Here, the risks Curley undertook were the same that would qualify for recklessness. However, because he was unaware of the risks, his actions in this case will qualify as negligence and D is the correct answer.
Incorrect! A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness the actor must be aware of the risk involved with her actions whereas, for negligence, the actor is not aware of the risks but should have known what those risks were. Here, the risks Curley undertook were the same that would qualify for recklessness. However, because he was unaware of the risks, his actions in this case will qualify as negligence and D is the correct answer.
Question 4
The state legislature has recently passed a law making it illegal to use unlawful force against another person with the intent of permanently depriving them of their personal property. Mike and Evander live in the same neighborhood and hate each other. One night, they bump into each other at the park. Some words are exchanged and soon they are involved in a full blown fist fight. Mike, being bigger and stronger than Evander, soon beats Evander into unconsciousness. While Mike is standing over Evander, he notices a thick gold chain around Evander's neck. Mike gently unfastens the chain, slips it off of Evander's neck and takes it home. When Evander comes to, he reports Mike to the police. If Mike is charged with violating the new statute, he will probably be:
Correct According to the concurrence rule, the defendant must have had the requisite intent at the moment he performed the act in order to be convicted of the crime. Here, the statute itself requires that the intent to permanently deprive a person of his property be there when the defendant uses the unlawful force. Here, Mike formed the intent to take Evander's property only after he had used unlawful force. Since there was no concurrence between the act and the intent, Mike cannot be convicted of violating the statute and A is the correct answer.
Incorrect! According to the concurrence rule, the defendant must have had the requisite intent at the moment he performed the act in order to be convicted of the crime. Here, the statute itself requires that the intent to permanently deprive a person of his property be there when the defendant uses the unlawful force. Here, Mike formed the intent to take Evander's property only after he had used unlawful force. Since there was no concurrence between the act and the intent, Mike cannot be convicted of violating the statute and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Mike owns a piece of property that borders on a large lake. Evander loves to go swimming and fishing in the lake and routinely walks across Mike's property to get to the water. Mike does not particularly like Evander and hates the fact that Evander trespasses on his property. To teach Evander a lesson, Mike digs a deep pit in the middle of the path that Evander uses to get to the lake. Mike covers the pit with leaves and brush so that Evander will not see it until it is too late. Mike knows that Evander could be seriously hurt by a fall into the pit but he knows that, afterwards, Evander will never trespass on his property again. After Mike finishes the pit, he goes back to his house and waits at a window for Evander to come by. Eventually, Mike sees Evander coming. As Evander gets closer to the pit, Mike realizes that he has done a terrible thing and begins to run out of his house to warn Evander. Unfortunately, Mike is too late and Evander falls into the pit. He suffers several broken bones and internal injuries. If Mike is charged with a crime for his actions, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Where the relationship between the mens rea and the result are at issue the prosecution must show that the result was attributable to the mens rea in order to win a conviction. Typically, the prosecution will win a conviction if they can show that the defendant intended for the result to occur at the time he committed his act. Here, when Mike was digging the pit, he intended for Evander to fall into it. That being the case, Mike can be convicted even though he did not have the intent for Evander to fall at the exact moment that he actually fell. Therefore, D is the correct answer.
Incorrect! Where the relationship between the mens rea and the result are at issue the prosecution must show that the result was attributable to the mens rea in order to win a conviction. Typically, the prosecution will win a conviction if they can show that the defendant intended for the result to occur at the time he committed his act. Here, when Mike was digging the pit, he intended for Evander to fall into it. That being the case, Mike can be convicted even though he did not have the intent for Evander to fall at the exact moment that he actually fell. Therefore, D is the correct answer.