Chapter 1
After the adoption of the Model Penal Code in 1962, more than forty states changed their criminal codes.
True
A legal fiction turns what into an act, although it is really a passive state?
Possession
Another term for criminal act is
Actus Reus
In criminal law, insanity is
A legal concept
Conspiracy actus reus consists of two parts: an agreement to commit a crime (in all states) and
An offense which is punishable by one year or more in a state prison is called a
Felony
Criminal conduct that qualifies for criminal punishment is the definition of
Criminal Liability
Conscious risk creation is called
recklessness
In the majority of states, duress is not a defense for
Murder
Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?
Inchoate
City, town, and village governments do not enjoy broad powers to create criminal laws.
False
Criminal liability is defined as criminal conduct that qualifies for criminal:
Punishment
Failure-of-proof defenses are also known as
Mistakes
The diminished capacity defense is available
Only in a few states
Legal impossibility is
A defense to attempt liability.
Crimes and torts are essentially the same, but with different names.
False
For an omission to act to be a crime, what must exist?
Legal duty to act
Ignorance of facts and law create a reasonable doubt that the prosecution has proved the element of criminal intent.
Can
The entrapment defense arose primarily in response to police excesses in enforcing what laws?
Consensual crime
Stabbing an already dead victim is an example of
A factual impossibility.
If an appellate court affirms the decision of the court immediately below, this means that the lower court’s decision is
Upheld
What failures to perform legal duties are punishable as criminal omissions?
Unreasonable
In the Model Penal Code, the most blameworthy state of mind is
Purposely
The objective test of entrapment focuses on
The actions of police.
The crime of trying to get someone else to commit a crime is known as
Solicitation