Later Knowledge Relates Back To The Purchase And Supplies The Missing Mens Rea
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
18477_church_craft_fair_quilt · CRIMINAL · Choice AYes, because the quilt was stolen before Naomi bought it.
Why it's attractive
The student reasons that the quilt was stolen, that Naomi received it, and that the offense is therefore made out. The student skips the knowledge or belief at receipt element. The Gold Key tells them: receipt-time knowledge is the dispositive element; the offense is not made out by the fact that property was stolen before the defendant received it.
Why it's wrong
The student reasons that the quilt was stolen, that Naomi received it, and that the offense is therefore made out. The student skips the knowledge or belief at receipt element. The Gold Key tells them: receipt-time knowledge is the dispositive element; the offense is not made out by the fact that property was stolen before the defendant received it.
18477_church_craft_fair_quilt · CRIMINAL · Choice CNo, because receiving stolen property applies only to cash.
Why it's attractive
The student reads 'stolen property' too narrowly and concludes that the offense covers only cash, not tangible personal property like a quilt. The Silver Key tells them: receiving stolen property covers all stolen personal property, not just cash; the dispositive question is the defendant's knowledge or belief at receipt, not the type of property.
Why it's wrong
The student reads 'stolen property' too narrowly and concludes that the offense covers only cash, not tangible personal property like a quilt. The Silver Key tells them: receiving stolen property covers all stolen personal property, not just cash; the dispositive question is the defendant's knowledge or belief at receipt, not the type of property.
18477_church_craft_fair_quilt · CRIMINAL · Choice DYes, because later knowledge always relates back to the purchase.
Why it's attractive
The student treats later knowledge as if it could supply the missing receipt-time mens rea. The offense is not made out by retroactive imputation. The Gold Key tells them: the mens rea must exist at the moment of receipt; later knowledge does not relate back.
Why it's wrong
The student treats later knowledge as if it could supply the missing receipt-time mens rea. The offense is not made out by retroactive imputation. The Gold Key tells them: the mens rea must exist at the moment of receipt; later knowledge does not relate back.
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