The Model Penal Code allows evidence of diminished capacity:

1.The Model Penal Code allows evidence of diminished capacity: (Points : 5)for murders onlyfor all crimesfor felonies onlyonly when the insanity defense is raised2. If a homicide defendant did not intend to kill, but did intend to inflict serious bodily injury, he is guilty of which of the following if the victim dies: (Points : 5)First-degree murderSecond-degree murderVoluntary manslaughterInvoluntary manslaughter3. The objective test of entrapment focuses on government action that: (Points : 5)creates the intent to commit the crimewould cause a predisposed person to commit a crimeprovides an opportunity for a person predisposed to commit a crimewould cause an otherwise law-abiding person to commit a crime.4. The actor intends to kill Mr. A. He shoots at Mr. A and misses but kills Mr. B instead. The actor is guilty of murder by application of the doctrine of: (Points : 5)concurrencecircumstantial evidencegeneral intenttransferred intent5. If the criminal intent does not exist, the element of ________ is not present: (Points:5)concurrenceactus reusresultmens rea6. The Pinkerton rule applies to: (Points : 5)the doctrine of complicityconspiraciesprincipalsaccomplices7. The Model Penal Code defines the defense of necessity as: (Points : 5)creating a risk of harm less than that created by economic deprivationthe avoidance of an evil greater than the evil sought to be prevented by the law defining the offenseprotecting oneself or property from an injury due to natural causesviolating the criminal law to overcome an emergency situation8. Wharton’s Rule would prevent two people from being charged which conspiracy to commit which of the following crimes? (Points : 5)MurderLarcenyRapeGambling9. The test for insanity that requires a defendant to show that he did not understand the nature and quality of his act or that his act was wrong is the: (Points : 5)M’Naghten testDurham testDiminished capacity testRes ipsa loquitur test10. “Megan’s Laws” provide for: (Points : 5)Life incarceration for sex offendersCapital punishment for sex offendersRegistration of sex offenders with police agenciesFines for sex offenders11. Traditionally, a critical distinction between assault and battery has been: (Points : 5)battery requires the intent to assault; assault is strict liabilityassault has been a felony consistently, while sometimes battery has been a misdemeanorassault requires some physical contact and battery does notbattery requires some physical contact and assault does not12. The intent usually required for the crime of false imprisonment is: (Points : 5)mere criminal negligencenothing false imprisonment is a strict liability offensethe intent to restrain or confine the other personreckless endangerment13. Justin breaks into Jordan’s apartment with the intent to steal Jordan’s computer. Once Justin is inside, Jordan’s attack poodle barks and frightens Justin who leaves without having taken anything. Justin has committed: (Points : 5)trespass onlyno crimeburglaryattempted burglary14. Which is not true in regards to Common Law? (Points : 5)State Legislatures produce Common LawGrowth of Common Law depended on judicial decisionThey evolved from a long history of ancient offenses called Common Law CrimesCommon Law was passed on through generations, changing to meet current conditions15. The First Amendment of the Constitution protects: (Points : 5)ObscenityLibel and slanderOpinionProfanity16. A statute that makes it a crime to be addicted to drugs: (Points : 5)Is constitutionalIs unconstitutional, as it violates the Fourteenth Amendment’s Due Process Clause and the Eighth Amendment’s Cruel and Unusual Punishment ClauseIs unconstitutional, as it violates the First Amendment’s Free Speech ClauseIs unconstitutional, as it violates the Fourteenth Amendment’s Equal Protection Clause17. Which is not an example of involuntary act? (Points : 5)AutomatismSomnambulismSleepwalkingIntoxication18. Under the Model Penal Code, which of the following states of mind never satisfies the mens rea requirement for murder? (Points : 5)PurposefulRecklessNegligentb and c19. One who actually commits the crime, or plans and helps the crime occur, is called a: (Points : 5)principalaccessory during the factaccomplices after the factPrinciple before the fact20. Vicarious liability: (Points : 5)requires the defendant to further the crime with some discrete actcreates liability on the basis of the relationship between the party who commits the crime and the defendantrequires an agreement among the parties that a crime will be committedrequires the defendant to be present at the time and place of the crime


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