-which of the following is a valid defense to escape? a. Mistake of fact and nec

Question

-which of the following is a valid defense to escape?
a. Mistake of fact and necessity
b. Mistake of fact, but not necessity
c. Necessity, but not mistake of fact
d. Neither mistake of fact or necessity
- The Model Penal Code provides bail jumping is a felony when:
a. the bail posted exceeds $ 10,000.
b. one fails to appear in court on any degree misdemeanor or felony.
c. when a felony is involved and the actor took flight or went into hiding to avoid apprehension, trial, or punishment.
d. when a misdemeanor or felony is involved and the actor took flight or went into hiding to avoid apprehension, trial, or punishment.
- Which of the following would fall within the general class of crimes referred to as obstructing justice:
a. hiding evidence
b. tampering with a witness
c. retaliating against a witness
d. all of the above
- Criminal contempt may be committed in which of the following two ways?
a. Aggravated or mitigated
b. Directly or indirectly
c. Judicially or non-judicially
d. With force or without force
- Which of the following is/are condition(s) of a constitutionally protected assembly?
a. Peaceable
b. Lawful
Criminal Law
Professor Holyfield
Open-book Quiz 3
c. By lawful means
d. All of the above
-

- Any conduct committed in public view that puts fear in the hearts of the citizenry and not dealt with by any other statute, is called:
a. breach of the peace.
b. disturbing the peace.
c. disorderly conduct.
d. any of the above; the terms are interchangeable
- Which of the following is NOT an element of criminal mischief?
a. Damage or destruction of property requiring repair
b. Property belongs to someone other than the accused
c. May be committed recklessly or by culpable negligence
d. Must be committed consciously, with realization of its effect
Malicious Mischief or Criminal Mischief may be either a misdemeanor or felony by statute today, depending upon:
a. the type of property damaged or destroyed.
b. the method by which the damage or destruction is done.
c. the extent of the damage or destruction.
d. all of the above

Explanation / Answer

- The correct answer is option b.

A person may commit a physical crime by mistake but that does not mean he or she is a criminal. So it is not necessary that a person is liable for the crime.

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