Contemporary Criminal Law Concepts Cases and Controversies 4th Edition Lippman Test Bank 1

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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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Test Bank
Chapter 4: Actus Reus
Multiple Choice
1. A criminal act or omission to act is known as a(n):
*a. Actus reus
b. Mens rea
c. Actus rea
d. Mens reus
Answer Location: Introduction
Learning Objective: 1.1 State why the criminal law punishes voluntary criminal acts and does
not penalize thoughts or involuntary acts.
Cognitive Domain: Knowledge
Question Type: MC
2. A criminal intent is known as a(n):

a. Actus reus
*b. Mens rea
c. Actus rea
d. Mens reus
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Question Type: MC
3. A(n) _____ is a conscious choice by an individual to commit or not commit an act.

a. independent
b. involuntary
c. dependent
*d. voluntary
Answer Location: A Voluntary Criminal Act
Question Type: MC
4. A(n) _____ is a failure to act or a negative act.

a. dependent
b. involuntary
*c. omission
d. conflict
Answer Location: Omissions
Learning Objective: 1.4 Describe when an individual may be held liable for an omission to act.
Question Type: MC
5. The _____ rule obligates an individual to intervene.

*a. Good Samaritan
b. American Bystander
c. Both a and b
d. None of the above
Answer Location: The American and European Bystander Rules
Learning Objective: 1.4 Describe when an individual may be held liable for an omission to act
Cognitive Domain: Comprehension
Question Type: MC
6. The _____ rule states that an individual is not legally required to assist a person who is in
peril.
a. Good Samaritan
*b. American Bystander
c. Both a and b
Question Type: MC
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7. Which of the following is not a condition to which a person must intervene?

a. Status
b. Contract
c. Statute
*d. Morals
Answer Location: The Duty to Intervene
Question Type: MC
8. What type of offense is possession?

a. Moral
b. Attempt
c. Omission
*d. Preparatory
Answer Location: Possession
Learning Objective: 1.5 State the definition of possession and the difference between actual and
constructive possession
Question Type: MC
9. The _____ rule permits an innocent individual to momentarily possess and dispose of an
illegal object.
*a. fleeting possession
b. constructive possession
c. temporary possession
d. mere possession
Question Type: MC
10. _____ possession refers to a situation in which a number of individuals exercise control over
an object.
a. Basic
b. Group
*c. Joint
d. Multiple
Question Type: MC
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11. _____ possession refers to physical control without awareness of the object.
a. Negligible
b. Actual
c. Constructive
*d. Mere
Question Type: MC
12. _____ possession refers to drugs and other contraband that are in an individual's physical
possession or within the individual's immediate reach.
Question Type: MC
13. _____ possession refers to contraband that is outside of an individual's physical control over
which he or she exercises control as a result of access to the location where the items are stored
or through his or her ability to control an individual with physical control over the contraband.
a. Mere
*b. Constructive
c. Joint
d. Multiple
Question Type: MC
14. _____ possession means an individual's awareness that he or she is in possession of an

object.
*a. Knowing
b. Constructive
c. Mere
d. Identifiable
Question Type: MC
15. The commentary to Model Penal Code Section 2.01 stresses that a crime requires an act and
that individuals may be punished based on a mere _____ or condition.
*a. status
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b. attitude
c. thought
d. prestige
Question Type: MC
16. The criminal law punishes _____ acts and does not penalize thoughts.
a. involuntary
*b. voluntary
c. negative
d. none of the above
Answer Location: A Voluntary Act
Question Type: MC
17. An act may be innocent or criminal depending on the context or _____ circumstances.
a. resulting
b. Actus
*c. attendant
d. intermediate
Question Type: MC
18. An obligation to intervene may be created by an agreement or a(n) _____.

a. statute
b. status
*c. contract
d. assumption
Question Type: MC
19. The common law recognized that individuals possess an obligation to assist their child,
spouse, or employee. This is known as a(n):
a. Statute
*b. Status
c. Contract
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d. Assumption
Question Type: MC
20. _____ is typically defined as the ability to exercise “dominion and control” over an object.
a. Preparation
b. Omission
c. Fleeting
*d. Possession
Question Type: MC
21. Which of the following types of possession is actually a defense at trial?

a. Constructive possession
b. Defensible possession
c. Justifiable possession
*d. Fleeting possession
Question Type: MC
22. Which of the following involuntary acts are not covered under the Model Penal Code?
a. Seizures
b. Acts committed under hypnosis
c. Sneezes
*d. None of the above
Learning Objective: 1.2 List some examples of involuntary acts
Question Type: MC
23. When is an individual able to negate a legal duty to intervene?

a. When the individual does not know another is in peril
b. When the individual might potentially find himself or herself in danger
*c. Both a and b
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Question Type: MC
24. Robinson v. California ruled that it is unjust to convict the defendant of a _____ because he
is a narcotic addict.
a. possession
b. preparatory offense
c. misdemeanor
*d. status offense
Answer Location: Status Offenses
Learning Objective: 1.3 Explain why it is unconstitutional to punish a defendant for a status or
condition
Question Type: MC
25. _____ describes a situation wherein an individual takes on responsibility for and a legal duty
to a stranger in peril because he or she chose to assist.
a. Contractual duty
*b. Assumption of duty
c. Creation of peril
d. Statutory duty
Question Type: MC
26. Jacinda has had seizures all her life; nonetheless she still drives her car to and from work
every day. One day on her way to work, she began having a seizure while driving.
Subsequently she was unable to stop her car at a stop sign and hit multiple children as they
crossed the street on their walk to school. Will Jacinda likely be successful in her argument that
the accident was a result of an involuntary action?
a. Yes, she has no control of when her seizures take place
b. Yes, she did not intend to hit the students
*c. No, she was aware of her seizure disorder and should take precautions
d. No, unless she was taking anti-seizure medication at the time
Cognitive Domain: Application
Question Type: MC
27. The practical considerations of requiring that a criminal act be voluntary include which of the
following:
a. There is no need to deter, incapacitate, or rehabilitate individuals who involuntary engage in
criminal conduct
b. It would be fundamentally unfair to punish those who do not consciously choose to engage in
criminal conduct
c. Involuntary actors cannot be considered morally blameworthy
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d. a and b only
*e. all of the above
Question Type: MC
28. Why is the punishment of a status offense considered cruel and usual?
*a. it involves punishment for a condition or characteristic that may not be translated into
socially harmful acts
b. it violates due process
c. it is only considered cruel and unusual in the case of alcohol and drug users
d. it is never cruel and unusual
condition
Question Type: MC
29. Meech is a known gang member living in a house with several other men from his gang. He
was pressured to join the gang and is really the lowest man on the totem pole in terms of
hierarchy. Nonetheless, the police raided the house pursuant to a legally issued search warrant.
They seized methamphetamines and heroin. Will Meech be convicted of the relevant drug
crimes just because he lives in the house?
a. Yes, living in the house where the contraband was found constitutes joint possession
*b. No, joint possession requires specific proof that Meech was connected to the drugs
c. Yes, based on these facts the prosecutor can clearly establish mere possession
d. No, mere possession requires physical control
Question Type: MC
30. Possession should be clearly established:

a. by a preponderance of the evidence
b. by circumstantial evidence
*c. beyond a reasonable doubt
d. by clear and convincing evidence
Question Type: MC
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31. It is a crime to be drunk in public. Homeless people are always in public because they have
nowhere else to go. Would it be constitutionally permissible to punish alcoholics who are
homeless?
a. Yes, they violated a statute for which the standard is strict liability
*b. Yes, providing they were exhibiting the type of disruptive behavior the statute was aimed at
preventing
c. No, being alcoholic and homeless are both statuses, which cannot be criminalized
d. No, as a society we aim to not kick people when they are down.
condition
Question Type: MC
32. Jonathan is a sleepwalker. One night during a nightmare, he takes the gun from his
nightstand and goes on a search for his attacker. He shoots and injures David, an innocent
bystander who has never met Jonathan. Jonathan wakes up in the police station unaware of any
of the recent events. Will he be convicted for his actions?
a. Yes, he fired his weapon without excuse or justification
b. Yes, his actions were a product of voluntariness
*c. No, he was unconscious and his actions were involuntary
d. No, unless eyewitnesses prove his actions
Question Type: MC
33. Which case held that the defendants had been improperly arrested and punished because they
were unemployed “hippies”?
a. People v. Kellogg
*b. Wheeler v. Goodman
c. Brown v. Board of Education
d. Robinson v. California
condition
Question Type: MC
34. Which is an example of a voluntary act?

a. A convulsion
b. A reflect
c. A habit
*d. None of the above
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Question Type: MC
35. Rory has been kidnapped. The kidnappers plan to use him to commit a crime spree in hopes
they will not be identified and will reap the benefits from the crimes Rory will commit. He has
been hypnotized to believe that the entire plan is his own. Will Rory have criminal liability if he
participates in the crime spree?
a. Yes, if he participates he is subject to accomplice liability
*b. No, providing his actions are found to be involuntary
c. Yes, but he will be subject to lesser penalties
d. No, but he will have to testify against his kidnappers in exchange for immunity.
Question Type: MC
36. In State v. Mally the duty to intervene was recognized on what basis?
*a. Spousal relationship
b. Parental relationship
c. Contract
d. Creation of peril
Question Type: MC
37. During an urban peaceful protest Jack is tazed by a police officer. The jolt sends his limbs
flying and he kicks the officer in the shin. Will he likely be charged with assaulting an officer
based on the kick?
a. Yes because it was the natural and probable consequence of attending the protest.
b. Yes, because his foot made contact with an officer in an inappropriate manner that was the
result of voluntary action.
*c. No, because it was the product of an involuntary movement
d. No, because it would violate equal protection
Question Type: MC
38. Which is not an element of possession?

a. Knowledge of the presence of the object
b. Exercise of dominion or control
c. Knowledge of the character of the object
*d. Possession for such time to satisfy the statutory required 24 hour period
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Question Type: MC
39. Janice was arrested in a hotel room in which the police found a duffle bag with drug
paraphernalia and residue. Janice claimed to be carrying the bag into the hotel room for her
friend who arrived shortly thereafter. May Janice be found guilty of possession of a controlled
substance despite having no knowledge of the contents in the duffle bag?
a. Yes, most states do not have a knowledge requirement
*b. Yes, but only if knowledge can be proven through circumstantial evidence and inferences
c. No, because the police did not witness Janice physically holding the paraphernalia itself
d. No, unless Janice has prior drug related convictions
Question Type: MC
40. Why is it unconstitutional to punish individuals for a status offense?

a. A crime requires an act
b. A status may be obtained innocently or involuntarily
c. It would constitute cruel and unusual punishment
d. a and c only
*e. all of the above
condition
Question Type: MC
41. In which situation is the individually likely to be charged with a crime if stopped by a police
officer?
a. a known prostitute who is spotted ordering coffee at the neighborhood spot
b. a known gang member who is walking with his child to the supermarket
c. a communist man expressing his views in a public forum
*d. a drug user who is also selling in an open air market
condition
Question Type: MC
42. Which is not a status that one can be found criminally liable for?
a. homeless
b. alcoholic
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c. unemployed
*d. all of the above
condition
Question Type: MC
43. What are the two requirements for a crime to occur?

*a. Actus reus and mens rea.
b. A voluntary act and a criminal thought
c. Actus rea and mens reus
d. a criminal intent and opportunity
Question Type: MC
44. What is Mens rea?

a. A criminal act
*b. A criminal intent
c. An omission
d. A criminal thought
Question Type: MC
45. In which cases would it be fair to punish individuals who do not consciously engage in
criminal activity?
a. When there are aggravating circumstances
*b. Never
c. When dealing with white collar criminals
d. Only when the charge is capital murder
Question Type: MC
True/False
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46. True or false? There does not necessarily need to be concurrence between the actus reus and
mens rea.
a. True
*b. False
Question Type: TF
47. True or false? The Model Penal Code requires that the guilt of the defendant should be based
on conduct that includes a voluntary act or omission.
*a. True
b. False
Answer Location: A Voluntary Act
Question Type: TF
48. True or false? Crimes require differing attendant circumstances.
*a. True
b. False
Question Type: TF
49. True or false? The criminal law punishes involuntary acts and does not penalize thoughts.
a. True
*b. False
Answer Location: Criminal Acts
Question Type: TF
50. True or false? Individuals may be punished on a mere condition.

a. True
*b. False
condition
Question Type: TF
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51. True or false? The basic rule in the United States is that an individual is not legally required
to assist a person who is in peril.
*a. True
b. False
Question Type: TF
52. True or false? The Good Samaritan standard common in Europe obligates individuals to
intervene.
*a. True
b. False
Answer Location: The American and European Bystander Rules, pg. 84
Learning Objective: Describe when an individual may be held liable for an omission to act
Question Type: TF
53. True or false? In the United States, a duty to intervene may be created by a statute that
imposes a duty of care.
*a. True
b. False
Question Type: TF
54. True or false? An individual who intentionally places another in danger does not have a duty
of rescue.
a. True
*b. False
Question Type: TF
55. True or false? The law excuses persons from fulfilling their duty in those instances in which
they would be placed in peril.
*a. True
b. False
Question Type: TF
56. True or false? It is believed that punishing possession deters and prevents the next step.
*a. True
b. False
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Question Type: TF
57. True or false? The most difficult issue for courts is mere possession.
a. True
*b. False
Question Type: TF
58. True or false? It is not necessary for the voluntary act to have caused the social harm to be
punishable under the relevant statute.
a. True
*b. False
not penalize thoughts or involuntary acts
Question Type: TF
59. True or false? A criminal act is limited to acts and omissions.

*a. True
b. False
Question Type: TF
60. True or false? A crime is comprised of an actus reus and a mens rea.
*a. True
b. False
Question Type: TF
61. True or false? The modern view is that an act involves a bodily movement whether voluntary
or involuntary.
*a. True
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b. False
Question Type: TF
62. True or false? A negation is a failure to act or a “negative act.”

a. True
*b. False
Question Type: TF
63. True or false? Individuals who intervene will never be placed in jeopardy.
a. True
*b. False
Question Type: TF
Short Answer and Essay

64. List a reason as to why the criminal law punishes voluntary acts and does not penalize
thoughts.
There are four reasons: (1) It would involve an unacceptable degree of governmental intrusion
into individual privacy; (2) it would be difficult to distinguish between criminal thoughts that
reflect momentary anger, frustration, or fantasy, and thoughts involving the serious consideration
of criminal conduct; (3) individuals should only be punished for conduct that creates a social
harm or imminent threat of social harm and should not be penalized for thoughts that are not
translated into action; and (4) the social harm created by an act can be measured and
proportionate punishment imposed. The harm resulting from thoughts is much more difficult to
determine.
Cognitive Domain: Analysis
Question Type: Essay/ Short Answer
65. How does the Good Samaritan standard differ from the American bystander rule?
The Good Samaritan standard is commonly used in Europe where individuals are obligated to
assist another in peril. The American bystander rule, however, does not legally bind an
individual from assisting another in peril.
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66. List four reasons why we have the American bystander rule.
There are seven reasons: (1) individuals intervening may be placed in jeopardy; (2) bystanders
may misperceive a situation, unnecessarily interfere, and create needless complications; (3)
individuals may lack the physical capacity and expertise to subdue an assailant or to rescue a
hostage and place themselves in danger; (4) the circumstances under which individuals should
intervene and the acts required to satisfy the obligation to assist another would be difficult to
clearly define; (5) criminal prosecutions for a failure to intervene would burden the criminal
justice system; (6) individuals in a capitalist society are responsible for their own welfare and
should not expect assistance from others; and (7) most people will assist others out of a sense of
moral responsibility, and there is no need for the law to require intervention.
67. List four situations where an individual has the duty to intervene.
There are seven different situations where an individual has a duty to intervene: (1) status, (2)
statute, (3) contract, (4) assumption of duty, (5) creation of peril, (6) control, and (7) property
owner.
68. What is a preparatory offense?

A preparatory offense, such as the crime of possession, is a crime that is considered to be a step
toward a more serious offense.
69. What is possession?

Possession is a preparatory offense defined as the ability to exercise dominion and control over
an object.
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70. What is fleeting possession?

Fleeting possession permits an innocent individual to momentarily possess and dispose of an
illegal object or contraband.
71. What is a difference between a voluntary act and an involuntary act?

A voluntary act is a conscious choice by an individual to commit or not to commit an act.
Involuntary acts are those acts that are a result of a reflex or a convulsion, a bodily movement
during unconsciousness or sleep, conduct during hypnosis or resulting from hypnotic suggestion,
and bodily movements that otherwise is not a product of the effort or determination of the actor,
either conscious or habitual.
72. What is a status offense? Why are status offenses considered cruel and unusual punishment?
Provide examples from your readings to support your answer.
Status offenses are offenses that are based on an individual's mere status or condition. They are
considered cruel and unusual punishment because it would be unjust to convict an individual, for
example, of being homeless or being an alcoholic. For instance, in Robinson v. California, the
defendant was not found guilty because the charge was based on his status as a narcotic addict,
rather than any voluntary act of using drugs. In contrast, Powell v. Texas convicted the defendant
of his public behavior and not his status as being homeless.
condition
73. Why do we have the American bystander rule? What are the criticisms of the American
bystander rule? Which argument do you agree with? Why?
There are seven reasons: (1) individuals intervening may be placed in jeopardy; (2) bystanders
may misperceive a situation, unnecessarily interfere, and create needless complications; (3)
individuals may lack the physical capacity and expertise to subdue an assailant or to rescue a
hostage and place themselves in danger; (4) the circumstances under which individuals should
intervene and the acts required to satisfy the obligation to assist another would be difficult to
clearly define; (5) criminal prosecutions for a failure to intervene would burden the criminal
justice system; (6) individuals in a capitalist society are responsible for their own welfare and
should not expect assistance from others; and (7) most people will assist others out of a sense of
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moral responsibility, and there is no need for the law to require intervention. Some criticisms
against the bystander rule include situations where assistance could be as little as making a
phone call to the police. For instance, in the case of Kitty Genovese, the victim was raped and
murdered by her apartment building and her neighbors watched without calling the police. The
perpetrator returned three separate times to stab Kitty repeatedly until finally a person called the
police. Unfortunately, it was too late to save Kitty. Had there been a legal obligation to assist,
perhaps Kitty would still be alive. On the other hand, those who attempt to assist others may,
themselves, face the same peril that the person they are assisting is facing.
74. List and discuss five conditions under which an individual has a duty to intervene. Give an
example of each.
There are seven different situations where an individual has a duty to intervene: (1) status—
obligation to assist their child, spouse, or employee; (2) statute—a statute imposes a duty of care;
(3) contract—created by an agreement; (4) assumption of duty—voluntary intervention by an
individual; (5) creation of peril—an individual who intentionally or negligently places another in
danger has a duty to rescue; (6) control—those under direct supervision and command such as
employees and members of the military; and (7) property owner—those invited onto their land.
75. What is the difference between actual possession and joint possession? What is the difference
between constructive possession and fleeting possession? Why is joint possession the difficult
issue for courts?
Students must provide definitions for each and must discuss the differences in exercising
dominion and control for the different types of possession. Joint possession is a difficult issue for
courts because it is usually difficult to determine how much dominion and control a person may
have over an object. For instance, if drugs are found in an apartment shared by 4 people, it might
prove difficult to directly show who actually controls specific areas. Furthermore, there is a
potential to convict an otherwise innocent individual.
76. Jerry is involved in a hit-and-run accident while riding his bike. Marge sees the accident
occur, realizes that Jerry is slowly dying on the road, yet she continues to walk home. Later that
evening, Marge sees on the nightly news that Jerry has died. In what types of situations are you
liable to help someone? Was Marge liable for the death of Jerry? Why or why not? If Marge had
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started to take Jerry to the hospital, but dropped him off a block before the destination because
she was running late, would she be liable for the death of Jerry? Why or why not?
There are different situations where an individual has a duty to intervene. Marge appears to be a
stranger and does not have any relation to Jerry. As a result, she would not be held liable for the
death of Jerry. If Marge started to take Jerry to the hospital, then Marge assumed a duty of care
that she must follow through. By abandoning Jerry a block away, Marge also abandoned her
legal duty and she would be liable for Jerry's death.
77. Briefly compare and contrast the concepts of constructive and joint possession against actual
(regular) possession. State why you believe constructive and joint possession should or should
not be permissible as legal offenses.
Constructive possession is when an object or contraband is outside of an individual's actual
physical control but over which he or she exercises control through access to the location. Joint
possession is when a number of individuals exercise control over an object or contraband. These
two types of possession differ from actual possession, which means that an object or contraband
is within an individual's physical possession or immediate reach. It is much more difficult to
convict a defendant of constructive possession because the amount of control a person has over
an object or an area where the object is, is not always clear. With joint possession, it is also
difficult to determine who actually controls an object or the area where the object is.
78. Summarize and discuss the case People v. Kellogg. Compare and contrast this case with
Robinson v. California and Powell v. Texas. What were the rulings in each of these cases? Do
you agree with the ruling? Why or why not?
People v. Kellogg deals with the issue of status offense and whether the defendant was being
unjustly punished for his status as a homeless alcoholic. The court ruled that the defendant was
not being punished for his status, rather, his voluntary act (similar to Powell v. Texas). Robinson
v. California held that it is unjust to punish a person because of his or her mere condition. The
court argued that it is possible to be drunk in public and not pose a threat to the safety of
everyone else. Kellogg, on the other hand, posed a safety issue and was held guilty for his
behavior rather than his status.
condition
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79. When there exists a legal duty to intervene, such as a mother's duty to her child, what types
of situation can an individual disregard or be excused from this duty? Provide example(s) to
illustrate these situations.
There are four situations: (1) possession of knowledge of peril—if an individual did not know
that a person under his or her care was in peril, then he or she will not be liable; (2) acted with
the required intent—if an individual commits poor judgment, reasonable mistake, or a debatable
decision, he or she will not be liable; (3) caused the harm to the victim—if an individual's choice
to not assist actually caused the harm, then he or she will be liable; and (4) individuals are not
expected to accomplish the impossible—individuals are not expected to place themselves in peril
in order to save another.
80. What types of acts are covered under the Model Penal Code as involuntary acts? Do you
believe these acts should be protected? Why or why not? Are there others that you would add to
the list? If so, discuss why you would add them. What are some of the issues and challenges
posed by using these involuntary acts as a defense during trial?
Four of the involuntary acts covered under the Model Penal Code are (1) a reflex or convulsion,
(2) a bodily movement during unconsciousness or sleep, (3) conduct during hypnosis or resulting
from hypnotic suggestion, (4) a bodily movement that otherwise is not a product of the effort or
determination of the actor, either conscious or habitual.
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Lippman, Contemporary Criminal Law, 4th Edition

Contemporary Criminal Law Concepts

2. A criminal intent is known as a(n):

3. A(n) _____ is a conscious choice by an individual to commit or not commit an act.

4. A(n) _____ is a failure to act or a negative act.

5. The _____ rule obligates an individual to intervene.

7. Which of the following is not a condition to which a person must intervene?

8. What type of offense is possession?

14. _____ possession means an individual's awareness that he or she is in possession of an

18. An obligation to intervene may be created by an agreement or a(n) _____.

21. Which of the following types of possession is actually a defense at trial?

23. When is an individual able to negate a legal duty to intervene?

30. Possession should be clearly established:

34. Which is an example of a voluntary act?

Cognitive Domain: Comprehension

38. Which is not an element of possession?

40. Why is it unconstitutional to punish individuals for a status offense?

43. What are the two requirements for a crime to occur?

44. What is Mens rea?

50. True or false? Individuals may be punished on a mere condition.

Answer Location: Possession

59. True or false? A criminal act is limited to acts and omissions.

62. True or false? A negation is a failure to act or a “negative act.”

Short Answer and Essay

Answer Location: The American and European Bystander Rules

68. What is a preparatory offense?

69. What is possession?

70. What is fleeting possession?

71. What is a difference between a voluntary act and an involuntary act?

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