Explain the three prongs of the Hicklin test for discerning if material is obscene. Is this a strict or lenient test? Why?
What will be an ideal response?
Would the material affect a child, it did not have to be considered as a whole, and courts did not have to consider the social value.
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What two forms of defense are unique to attempt?
a. Impossibility and abandonment b. Improbability and lack of opportunity c. Probability and proximity d. None of the above
Both general intent and specific intent require the same type of mens rea
Indicate whether the statement is true or false
According to the Model Penal Code (MPC), which of the following is required for a person to be prosecuted as a principal when a crime is committed by an innocent agent?
A. A person who "causes an innocent or irresponsible person to engage in [criminal] conduct" is liable for that conduct or act. B. The accused must cause the agent to commit the criminal act. C. The defendant must act with the intent to commit the crime. D. All of the answers are correct.
The Model Penal Code was produced by __________
a. Congress b. the National Center for State Courts c. the American Law Institute d. the Federal Judicial Center