Common Law Mens Rea Self-Quiz

 

 

 

 

 

 

 

Because of a severe drought, Valjean, local farmer, has not been able to produce any crops for three straight seasons. Valjean and his family have depleted their own stores of food and have no money with which to buy more. When Valjean’s family begins to starve, he arms himself with a knife and goes out to the main road. Valjean hides behind some bushes and waits for a pedestrian to walk by. Soon, Javert, a wealthy businessman, comes by. Valjean jumps from behind the bushes, holds the knife to Javert’s throat and demands the money and valuables that Javert is carrying. Valjean takes what Javert has, apologizes for having to do this and then disappears. If Valjean is tried for robbing Javert, he will probably be:
Choice 1 Acquitted, because Valjean would not ordinarily do something like this
Choice 2 Acquitted, because Valjean only did this to keep his family from starving
Choice 3 Convicted, because Valjean intended to rob Javert
Choice 4 Convicted, because Valjean is poor and Javert is wealthy
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, walks about fifteen feet, turns and fires. Curley is not a very good shot and, instead of hitting the apple, he accidentally shoots Moe between the eyes killing him instantly. Since murder is a general intent crime, if the prosecution wants to convict Curley for Moe's murder, he will have to prove:

Choice 1 That Curley shot Moe with the intent of killing him
Choice 2 That Curley intended to shoot the gun at Moe
Choice 3 That Curley had a grudge against Moe
Choice 4 Curley cannot be convicted because the shooting was an accident
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, walks about fifteen feet, turns and fires. Curley is not a very good shot and, instead of hitting the apple, he accidentally shoots Moe between the eyes killing him instantly. Hypothetically, if murder is a specific intent crime and the prosecution wants to convict Curley for Moe’s murder, he will have to prove:
Choice 1 That Curley shot Moe with the intent of killing him
Choice 2 That Curley intended to shoot the gun at Moe
Choice 3 That Curley had a grudge against Moe
Choice 4 Curley cannot be convicted because the shooting was an accident
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, walks about fifteen feet, turns and fires. Curley is not a very good shot and, instead of hitting the apple, he accidentally shoots Moe between the eyes killing him instantly. If the prosecution cannot prove that Curley intended to fire the gun at Moe, Curley cannot be convicted of Moe’s murder:
True
False
The state legislature has just passed a law making it a criminal offense for an adult male to engage in sexual intercourse with a female under the age of eighteen. The law clearly states that this is to be considered a strict liability crime. One night, Brittany, a sixteen year old high school sophomore, uses a fake identification to get into a bar where she meets Justin, a twenty-five year old bartender. Brittany and Justin spend the night flirting and at the end of Justin’s shift, they go back to his apartment and have sex. Justin is charged with violating the state stature. If Justin can prove that he had no idea Brittany was underage he can still be convicted for violating the statute:
True
False

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