Contemporary Criminal Law Concepts Cases and Controversies 4th Edition Lippman Test Bank Download

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Lippman, Contemporary Criminal Law, 4th Edition

© 2016, SAGE Publications
Contemporary Criminal Law Concepts

Cases and Controversies 4th Edition by
Lippman ISBN 1483379361 9781483379364
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Chapter 5: Mens Rea, Concurrence, Causation
Multiple Choice
1. The mental part of a crime is commonly known as
a. actus Reus
*b. mens rea
c. causation
d. both b and c
Location: Mens Rea
Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment.
Cognitive Domain: Knowledge
Question Type: MC
2. A _____ intent is intent to commit the criminal act.

*a. general
b. specific
c. transferred
d. constructive
Location: The Model Penal Code Standard
Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code.
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Question Type: MC
3. _____ intent provides that individuals who are grossly and wantonly reckless are considered to
intend the natural consequences of their actions.
a. General
b. Specific
c. Transferred
*d. Constructive
Question Type: MC
4. A _____ intent applies when an individual intends to attack one person and injures another.
a. general
b. specific
*c. transferred
d. constructive
Question Type: MC
5. A _____ intent is a mental determination to accomplish a certain result.

a. general
*b. specific
c. transferred
d. constructive
Question Type: MC
6. _____ means that a defendant acted deliberately.

*a. Purposely
b. Knowingly
c. Carelessly
d. Intentionally
Location: Purposely
Learning Objective: 1.3 Explain the difference between the criminal intents of purposely and
knowingly and between the criminal intents of recklessly and negligently.
Question Type: MC
7. _____ means that individuals engage in risky behavior that they know creates a risk of
substantial and unjustifiable harm and yet do not expect the injury or harm will result.
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a. Carelessly
b. Negligently
*c. Recklessly
d. Purposely
Location: Recklessly
Question Type: MC
8. An individual satisfies the _____ standard when he or she is aware that circumstances exist or
that a result is practically certain to result from his or her conduct.
a. specifically
*b. knowingly
c. recklessly
d. negligently
Location: Knowingly
Question Type: MC
9. _____ involves engaging in harmful and dangerous conduct while being unaware of a risk that
a reasonable person would appreciate.
a. Intentionally
b. Knowingly
c. Recklessly
*d. Negligently
Answer Location: The Model Penal Code Standard
Question Type: MC
10. Which of the following is not a type of intent?

a. Recklessly
*b. Intentionally
c. Negligently
d. Knowingly
Location: Negligently
Question Type: MC
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11. A _____ offense is a crime that does not require a mens rea and an individual may be
convicted based solely on the commission of the criminal act.
*a. strict liability
b. public welfare
c. strict welfare
d. public liability
Location: Strict Liability
Learning Objective: 1.4 Know the characteristics of strict liability offenses.
Cognitive Domain: Comprehension
Question Type: MC
12. Selling tobacco to an underage person will most likely be considered a _____ offense.
*a. strict liability
b. public welfare
c. strict welfare
d. public liability
Cognitive Domain: Application
Question Type: MC
13. _____ offenses were intended to protect society against acts impure and defective drugs,
pollution and unsafe working conditions, and trucks and railroads.
a. Strict liability
*b. Public welfare
c. Strict welfare
d. Public liability
Question Type: MC
14. There must be _____ between a criminal act and a criminal intent.
a. knowledge
b. causation
*c. concurrence
d. preparation
Location: Concurrence
Learning Objective: 1.5 Know the importance of concurrence in defining crimes
Question Type: MC
15. _____ is central to criminal law and must be proven beyond a reasonable doubt.
a. Knowledge
*b. Causation
c. Concurrence
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d. Preparation
Location: Causation
Learning Objective: 1.6 Appreciate the role of causality in the determination of criminal guilt
Question Type: MC
16. _____ cause requires you to ask whether “but for” the defendant’s act, the victim would not
have died.
a. Legal
*b. Factual
c. Intervening
d. Proximate
Location: Cause in Fact
Learning Objective: 1.7 Explain the concepts of cause-in-fact, proximate cause, coincidental
intervening cause, and responsive intervening cause.
Question Type: MC
17. _____ cause analysis requires the jury to determine whether it is fair or just to hold a
defendant liable for an injury or death.
*a. Proximate
b. Legal
c. Factual
d. Preparatory
Location: Legal or Proximate Cause
Question Type: MC
18. _____ intervening acts arise when a defendant’s act places a victim in a particular place
where the victim is harmed by an unforeseeable event.
a. Proximate
*b. Coincidental
c. Responsive
d. Factual
Location: Coincidental Intervening Acts
Question Type: MC
19. The consequence of a victim to a defendant’s criminal act is termed _____ intervening act.
a. proximate
b. factual
*c. responsive
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d. legal
Location: Responsive Intervening Acts
Question Type: MC
20. A(n) _____ cause is an outside factor that causes the death or injury rather than the cause in
fact.
a. proximate
b. independent
c. factual
*d. intervening
Question Type: MC
21. Which of the following is not a reason for moral blameworthiness?

a. Responsibility
b. Deterrence
*c. Humility
d. Punishment
Location: Mens Rea
Question Type: MC
22. When analyzing recklessness or negligence, _____ determines whether an individual’s

conduct varies from that expected of the general public.
a. criminal liability
*b. objective standard
c. legal responsibility
d. mental state
Location: Recklessly and Negligently
Question Type: MC
23. When considering intervening causes, what determines whether a defendant would be liable?
a. coincidence
b. responsibility
c. specific intent
*d. foreseeability
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Question Type: MC
24. General intent can be inferred from _____.

a. the nature of the act
b. surrounding circumstances
*c. Both a and b
d. None of the above
Question Type: MC
25. Which of the following intents is considered the most serious?

*a. Purposely
b. Knowingly
c. Recklessly
d. Negligently
Question Type: MC
26. Jackson recently graduated high school and decided to spend his summer before college
hiking the Appalachian Trail. Three weeks into his hike there was a torrential downpour in a
very rural and desolate area of North Carolina. He tried to take shelter in his tent but there was so
much mud and rain that it afforded him little protection from the elements. He decided to seek
out a more stable structure and eventually happened upon an old RV that was seemingly
abandoned. The doors were locked but he was able to pick the lock and enter. Jackson found
enough canned food to make himself a warm dinner and settled in for the night. The next
morning, he took with him all of the dry clothes and food he could find in the RV and headed off
to continue down the trail. Is Jackson guilty of burglary?
a. Yes, he knowingly took items that did not belong to him without permission
b. Yes, he willfully entered into the dwelling of another and took items that did not belong to him
*c. No, when he entered he did not intend to take the items in the RV
d. No, because there was chronological concurrence
Question Type: MC
27. What is the most reliable indication of intent?

*a. The defendant’s confession or statement to other individuals
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b. The police report

c. A ransom note
d. The prosecutor’s theory of the case
Location: The Evidentiary Burden
Question Type: MC
28. The appropriate punishment of an act depends, to a large extent, on what?

*a. whether the act was intentional or incidental
b. the attendant circumstances
c. whether the crime in question was a result crime
d. the categorey of criminal intent
Location: Causation
Question Type: MC
29. What are the considerations behind the legal concept of causation?
a. An individual who wills a certain result deserves to be punished
b. An individual’s act that results in social harm should allow for the imposition of punishment
as appropriate
c. Liability should be limited to those individuals whose conduct produces a prohibited social
harm
d. a and c only
*e. b and c
Location: Causation
Question Type: MC
30. Brock was in the market for his first motorcycle. All of his friends had them and regularly
went on long group rides. He knew he wanted something older because he preferred the style but
he didn’t know much about the engine size. The bigger the engine the more power the bike has
and he looked at bikes with engine sizes ranging from 250 cc to 1500 cc. He decided on the bike
with the 1500 cc engine. It was extremely powerful and he knew it. He let his younger brother
borrow the bike for a weekend ride with friends. The brother ended up in wrecking the bike and
it was likely totaled. The police report stated that he revved the engine, attempted to do a wheelie
(a move which he knew was risky), and the bike threw him off the back. If the brother is charged
with a crime, which level of mental culpability is most appropriate?
a. purposely
b. knowingly
*c. recklessly
d. negligently
Question Location: Recklessly
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knowingly and between the criminal intents of recklessly and negligently
Question Type: MC
31. A conscious disregard of a substantial and unjustifiable risk and a gross deviation from the
standard that a law abiding citizen would observe in the same situation is
a. the two-fold test for negligence
*b. the two-fold test for recklessness
c. the two-fold test for strict liability offenses
d. the two-fold test for purposely
Question Location: Recklessly
Question Type: MC
32. A terrorist bombs a public building in order to make a political statement. He knows people
are likely to be inside but does not take the time to find out their location in relation to the bomb
nor does he look into their injuries after the bombing took place. Everyone inside is injured,
some injuries are minor and others are major, but luckily, no one dies. When criminal charges
are brought forth against the terrorist, which mental state most likely applies?
a. purposely
*b. kowingly
c. recklessly
d. negligently
Question Location: Knowingly
Question Type: MC
33. The major difference between recklessly and negligently is that

a. recklessly applies to more serious criminal conduct
b. negligently applies to more serious criminal conduct
c. the negligent individual is aware of and disregards the substantial and unjustifiable risk
*d. the reckless individual is aware of and disregards the substantial and unjustifiable risk
Question Location: Negligently
Question Type: MC
34. Which of the following crimes is most likely not a strict liability offense?
a. statutory rape
b. selling alcohol to minors
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c. speeding
d. manslaughter
Question Location: Strict Liability
Learning Objective: 1.4 Know the characteristics of strict liability offenses
Question Type: MC
35. In all cases where the defendant’s conduct is the factual cause of an injury or harm, the
conduct is also necessarily
a. the legal cause
b. the proximate cause
c. the intervening cause
*d. none of the above
Question Location: Legal or proximate cause
Learning Objective: 1.6 Appreciate the role of causality in the determination of guilt
Question Type: MC
36. Which situation is least likely to present a causation issue?

*a. An individual is shot in the back as he walks from a street fight and subsequently dies.
b. An ambulance, after having picked up a victim of a gunshot, crashes and the victim dies.
c. A gunshot wound victim dies after waiting for medical attention in a local emergency room for
4 hours.
d. A gunshot wound victim stumbles into the street and is hit by an oncoming vehicle and dies.
Question Location: Causation
Learning Objective: 1.6 Appreciate the role of causality in the determination of guilt
Question Type: MC
37. Which kind of intent allows for a defendant’s intent to be inferred from the nature of the act
and the surrounding circumstances?
a. specific intent
b. constructive intent
*c. general intent
d. transferred intent
Question Location: The Model Penal Code Standard
Learning Objective: 1.2 State the categories of criminal intent in the Model Penal Code
Question Type: MC
38. In order to be convicted of a crime, there must be

a. circumstantial evidence
b. criminal intent
*c. criminal act and criminal intent
d. circumstantial evidence and criminal intent
Question Location: Concurrence
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Question Type: MC
39. Which is not a factor courts look to in determining whether a statute should be interpreted as
providing for strict liability?
*a. The will of the people
b. A single violation poses a danger to a large number of people
c. The penalty is relatively minor
d. A conviction does not harm a defendant’s reputation
Question Type: MC
40. Public welfare offenses were designed to protect against

a. impure food
b. defective drugs
c. pollution
*d. all of the above
Question Type: MC
41. Jack unintentionally killed John. He had no intention of doing so. Originally, at common law,
would he have been found guilty of murder based on these facts alone?
*a. Yes, there was no mens rea requirement
b. No, Jack did not possess a guilty mind
c. Yes, Jack was clearly morally blameworthy
d. No, there was no concurrence
Location: Mens Rea
Learning Objective: 1.1 Know the role of criminal intent in criminal law and punishment
Question Type: MC
42. Which is an example of a law that imposes strict liability?

a. It is a criminal offense to knowingly house a wild animal with violent tendencies
b. It is a criminal offense to purposely house a wild animal with violent tendencies
*c. It is a criminal offense to house a wild animal with violent tendencies
d. It is a criminal offense to recklessly house a wild animal with violent tendencies
Question Type: MC
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43. Causation must be proven by what evidentiary standard?

a. Preponderance of the evidence
b. Strict liability
c. By clear and convincing evidence
*d. Beyond a reasonable doubt
Location: Causation
Question Type: MC
44. What is required for a strict liability offense requires a mens rea.
a. Mens rea only
b. Mens rea and actus reus
c. A criminal act and criminal intent
*d. Actus reus only
Question Type: MC
45. Aiesha went to the mall with the intention of buying a purse for her date on Friday night. She
went into XYZ and found a black and brown leather purse that was large enough for her to fit a
jacket and an extra pair of shoes. She liked big purses because she always wants to make sure
she has everything she needs. She walks up to the counter and pays for the purse and exits the
store. As she leaves an alarm goes off. A retail associate comes to check her bag and finds
various costume jewelry pieces in each of the purse pockets. Aiesha did not put them there and
was unaware of their presence. Nonetheless, is Aiesha guilty of shoplifting?
*a. No, because chronological concurrence did not exist in this scenario.
b. Yes, because chronological concurrence did exist in this scenario
c. No, because she was negligent.
d. Yes, because she had criminal intent at the same time she committed the criminal act.
Question Type: MC
True/False
46. True or False? The “mental part” of a crime is commonly termed actus reus.
a. True
*b. False
Location: Mens Rea
Question Type: TF
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47. True or False? Proof of the defendant’s general intent typically is inferred from the nature of
the act and the surrounding circumstances.
*a. True
b. False
Question Type: TF
48. True or False? A general intent is a mental determination to accomplish a specific result.
a. True
*b. False
Question Type: TF
49. True or False? The Model Penal Code established recklessly as the most serious category of
criminal intent.
a. True
*b. False
Question Type: TF
50. True or False? An example of knowledge of circumstances is to receive stolen property under
mistaken facts.
a. True
*b. False
Location: Knowingly
Question Type: TF
51. True or False? The law does not consider individuals who are reckless less blameworthy than
individuals who act purposely or knowingly.
a. True
*b. False
Question Type: TF
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52. True or False? Recklessness involves an awareness of harm that is lacking in negligence.
*a. True
b. False
Question Type: TF
53. True or False? Congress and state legislatures typically indicate strict liability laws by
omitting language such as knowingly and purposely.
*a. True
b. False
Question Type: TF
54. True or False? There must be concurrence between the actus reus and the mens rea.
*a. True
b. False
Question Type: TF
55. True or False? A criminal intent need not necessarily exist at the same time as the criminal
act.
a. True
*b. False
Question Type: TF
56. True or False? Causation is central to criminal law and must be proven beyond a reasonable
doubt.
*a. True
b. False
Location: Causation
Question Type: TF
57. True or False? A defendant must be the factual cause of harm to be criminally convicted.
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*a. True
b. False
Question Type: TF
58. True or False? Proximate cause analysis requires the jury to determine whether it is fair or
just to hold a defendant legally responsible for an injury or death.
*a. True
b. False
Question Type: TF
59. True or False? A defendant is considered legally responsible for a victim’s injury or death
that results from unforeseeable coincidental intervening acts.
a. True
*b. False
Location: Coincidental Intervening acts
Question Type: TF
60. True or False? The defendant is generally liable for unforeseeable responsive intervening
acts.
a. True
*b. False
Question Type: TF
61. True or False? The defendant is considered responsible for foreseeable coincidental
intervening acts.
*a. True
b. False
Location: Coincidental Intervening Acts
Question Type: TF
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62. True or False? Medical negligence has consistently been viewed as foreseeable and does not
break the chain of causation.
*a. True
b. False
Question Type: TF
Short Answer and Essay

63. Summarize and discuss the People v. Cervantes case. Explain the court’s distinction between
dependent intervening and independent intervening acts. What did the court find? Do you agree
with the ruling? Why or why not?
Correct Answer:
The court found the defendant not guilty for the death of Cabrera because the murder was
unforeseeable. Students must summarize the case by providing details such as what the
prosecutors and the defense argued. They must sufficiently discuss the difference between the
intervening causes, then provide their opinion on whether they agree with the ruling on the case
or not.
Location: The Model Penal Code
Cognitive Domain: Analysis
Question Type: Essay/Short Answer
64. List three reasons for requiring moral blameworthiness.

Correct Answer:
Responsibility, deterrence, and punishment.
Location: Mens Rea
Question Type: Short Answer/Essay
65. What is circumstantial evidence?

Correct Answer:
Circumstantial evidence are evidence that helps to indirectly establish a criminal intent or
criminal act.
Location: The Evidentiary Burden
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66. What is the difference between general intent and specific intent?
Correct Answer:
General intent is the intent to commit the criminal act without the need to demonstrate intent to
violate the law. Specific intent consists of a mental determination to accomplish a specific result.
67. What is transferred intent?

Correct Answer:
Transferred intent is when an individual’s intent to commit an act that was inadvertently
committed against someone other than the actual target is “transferred” as if the victim was the
actual target.
68. What are the four types of mental states provided in the Model Penal Code?
Correct Answer:
Purposely, knowingly, recklessly, negligently
69. What is the difference between purposely and knowingly?

Correct Answer:
Purposely is more morally blameworthy and is considered the most serious because the
perpetrator intentionally and deliberately committed the act. Knowingly, on the other hand, does
not necessarily amount to committing a deliberate act. Rather, when committing an act, the
perpetrator is aware that circumstances exist, or as a result is practically certain to follow from
his or her conduct.
Location: Purposely/Knowingly
Question Type: Short answer/essay
70. What is the difference between reckless and negligence?

Correct Answer:
The main difference between recklessness and negligence lies in the individual’s awareness of
risks involved in the committed act. Reckless individuals are aware that their behavior is risky
and creates a risk of substantial and unjustifiable harm. Negligent individuals are not actually
aware that there is a risk.
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Location: Recklessly/ Negligently

Question Type: Short answer/essay
71. What is chronological concurrence?

Correct Answer:
Chronological concurrence is when a criminal intent must exist at the same time as a criminal
act.
Question Type: Short answer/ Essay
72. What is the difference between factual cause and proximate cause?
Correct Answer:
Factual cause asks whether “but for” the criminal’s act, the victim would have suffered the harm.
Proximate causes are those intervening acts or events that may actually have caused the harm to
the victim.
Location: Cause In Fact/ Legal or Proximate Cause
Question Type: Short Answer/ Essay
73. What is the difference between coincidental intervening acts and responsive intervening acts?
Correct Answer:
Coincidental intervening acts are those events that happen outside the control of the perpetrator.
Responsive intervening acts are the acts committed by a victim as a response to a perpetrator’s
act.
Location: Coincidental Intervening Acts/ Responsive Intervening Acts
74. Compare and contrast the types of mental states provided by the Model Penal Code. Provide
a scenario for each type of mental state to develop your answer.
Correct Answer:
(1) Purposeful acts are done intentionally and deliberately – “You borrowed my car and wrecked
it on purpose.” (2) Knowingly – “You may not have purposely wrecked my car, but you knew
that you were almost certain to get in an accident because you never driven such a powerful and
fast automobile.” (3) Recklessly – “You may not have purposely wrecked my car, but you were
driving over the speed limit on a rain-soaked and slick road in heavy traffic and certainly realized
that you were extremely likely to get into an accident.” (4) Negligently – “You may not have
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purposely wrecked my car and apparently did not understand the power of the auto's engine, but
I cannot overlook your lack of awareness of the risk of an accident. After all, any reasonable
person would have been aware that such an expensive sports car would pack a punch and would
be difficult for a new driver to control.”
75. Is it simple to establish mens rea beyond a reasonable doubt? Why or why not? What is the
most reliable indication of intent? What are some different ways to show mens rea?
Correct Answer:
It is typically not simple to establish mens rea beyond a reasonable doubt because it is impossible
to read minds. Nevertheless, intent is still inferable through the nature of the crime, surrounding
circumstances, confessions as well as statements made to friends.
Location: Mens Rea
76. What is the difference between a purposeful intent and a strict liability offense? Provide an
example of each to support your answer.
Correct Answer:
Purposeful acts are committed intentionally and deliberately meaning that there was intent to
commit an act to accomplish a specific result. Strict liability offenses, on the other hand, do not
require mens rea (which “Purposely” is a type of).
77. Marty and Sarah are fighting. Sarah shoots a gun at Marty and the bullet grazes Marty’s arm.
Marty runs out of the house and into the street. Barry is driving down the street 20 mph over the
speed limit. Unable to see Marty on the dimly lit road, Barry hits Marty and Marty dies instantly.
What is the cause-in-fact in this scenario? What is the proximate cause of Marty’s death? Is the
intervening act coincidental or responsive? Who would you hold liable for Marty’s death?
Correct Answer:
The cause in fact is Sarah shooting at Marty. “But for” her act, Marty would not have run out of
the house and into the street. The proximate cause/intervening cause is Barry hitting Marty with
his car, which is coincidental intervening act. Liability would rest on whether the student argues
that a car going 20 mph over the speed limit on a dimly lit road is foreseeable or not. If a student
argues that it is foreseeable, then Sarah would be liable. If it is not foreseeable, then Sarah is not
liable.
Location: Causation
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Instructor Resource
78. Write a scenario where a defendant would not be considered legally responsible for a
victim’s injury or death that results from a coincidental intervening act. Be sure to indicate the
factual cause and the proximate cause. Now write a scenario where the defendant would be held
legally liable for a coincidental intervening act. Why would the defendant be held liable in the
second scenario?
Correct Answer:
Liability would depend on whether the coincidental intervening act is foreseeable or
unforeseeable. Foreseeable coincidental intervening causes such as lightning during a
thunderstorm would hold a defendant liable. On the other hand, unforeseeable coincidental
intervening causes such as lightning during a clear night would not hold a defendant liable.
Location: Intervening Acts
Question Type: Essay/ Short Answer
79. Write a scenario where a defendant would not be considered legally responsible for a
victim’s injury or death that results from a responsive intervening act. Be sure to indicate the
factual cause and the proximate cause. Now write a scenario where the defendant would be held
legally liable for a responsive intervening act. Why would the defendant be held liable in the
second scenario?
Correct Answer:
Same as coincidental intervening acts, liability would depend on whether the responsive
intervening act is foreseeable or unforeseeable.
Location: Intervening Acts
Question Type: Essay/ Short Answer
80. Explain why similar crimes committed with different levels of intent are punished
differently.
Correct Answer:
Differing levels of intents (purposely, knowingly, recklessly, and negligently) are established to
assign differing levels of moral blameworthiness. Those who commit negligent acts are deemed
less blameworthy than those who commit acts with intent and deliberation. Students may provide
relevant examples, such as the cases provided in the text, to illustrate each level of intent.
Location: Mens Rea
Question Type: Essay/Short Answer
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Lippman, Contemporary Criminal Law, 4th Edition

Contemporary Criminal Law Concepts

2. A _____ intent is intent to commit the criminal act.

5. A _____ intent is a mental determination to accomplish a certain result.

6. _____ means that a defendant acted deliberately.

10. Which of the following is not a type of intent?

21. Which of the following is not a reason for moral blameworthiness?

22. When analyzing recklessness or negligence, _____ determines whether an individual’s

Location: Legal or Proximate Cause

24. General intent can be inferred from _____.

25. Which of the following intents is considered the most serious?

27. What is the most reliable indication of intent?

b. The police report

28. The appropriate punishment of an act depends, to a large extent, on what?

33. The major difference between recklessly and negligently is that

36. Which situation is least likely to present a causation issue?

38. In order to be convicted of a crime, there must be

Learning Objective: 1.5 Know the importance of concurrence in defining crimes

40. Public welfare offenses were designed to protect against

42. Which is an example of a law that imposes strict liability?

43. Causation must be proven by what evidentiary standard?

Short Answer and Essay

64. List three reasons for requiring moral blameworthiness.

65. What is circumstantial evidence?

67. What is transferred intent?

69. What is the difference between purposely and knowingly?

70. What is the difference between reckless and negligence?

Location: Recklessly/ Negligently

71. What is chronological concurrence?

Question Type: Short Answer/ Essay

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