Criminal Law

State A enacted a statute making it a strict liability offense to sell alcohol to anyone under the age of 21. A convenience store in Temperance sold beer and malt liquor. A clerk in the store recognized a customer entering the store as the star shortstop of the city's minor league baseball team, and she excitedly whispered to the store's owner, "This guy is going to be in Cooperstown someday!" When the 18-year-old shortstop approached the counter with beer, both the store owner and the clerk got their pictures taken with him and got autographs, but neither asked the shortstop for identification. The clerk rang up the purchase while the owner invited the shortstop to come back anytime for a free sandwich. The clerk and the store owner are subsequently arrested for violating the Temperance statute.

The store owner is likely to be found:

C) Guilty, because he allowed the clerk to sell the alcohol without checking the shortstop’s ID

Anna and Beth are co-counsels in a murder trial representing co-defendants. After one particularly grueling day in court, Anna tells Beth that she is going to stay overnight with a friend rather than make the long trip back to her home. Anna asks Beth, who lives closer to the courthouse, if she would take her briefcase and keep it until the next day when they meet in court, and Beth agrees. Beth knows that Anna has had issues with drug abuse in the past. On the way home Beth is involved in a car accident and the briefcase she was carrying for Anna opens inside the car. The first officer on the scene finds a kilo of heroin in the now opened briefcase. If Beth is charged with knowingly possessing an illegal substance, what is her best defense?

C) She did not have reason to know what was in the briefcase.

With regard to the requirement of an actus reus, in which of the following cases would the defendant, if charged with criminal homicide, most likely be acquitted because there was no act?

A) Aaron was a chronic sleepwalker. On Monday, he got into a violent argument with his next-door neighbor, Sidney. The next night, while he was asleep, Aaron left his home and walked to Sidney’s house. He entered the front door which was unlocked and ascended the stairs to Sidney’s bedroom. While still sleepwalking, Aaron went inside and strangled Sidney to death.

In State A it is against the law to sell any firearm to anyone that does not have a valid purchaser’s identification card. The Supreme Court of State A has ruled that this statute is a strict liability offense. On the date in question, Joe was working the evening shift at a local gun store when Paul enters, picks up a handgun, and brings it to the counter. Joe asks for Paul’s ID card. At that moment the phone rings, and Joe turns to answer it. Paul then grabs the handgun from the counter and runs out of the store, leaving enough money on the counter to pay for the handgun. Joe is charged with violation of the statute prohibiting selling a firearm to anyone that does not have a purchaser’s ID card. What is Joe's best defense?

B) He did not sell the handgun to Paul

A chef was prosecuted under a state statute that made it a felony punishable by three to five years in state prison to "transport contraband into a state prison facility." The statutory definition of contraband included any food substance containing more than one percent alcohol. The chef had taken a box of rum-flavored chocolates to her husband, an inmate at a state prison, during her annual conjugal visit. The chef testified that she was unaware that the chocolates actually contained rum and that their alcohol content was five percent by weight.

What should be the outcome of the chef's prosecution?

C) An acquittal, if the chef’s testimony is beleived

1. Denny has banked with the same corner bank for the last 10 years. The bank had been sold

or merged on several occasions, but in each previous case Denny had been able to make

arrangements to receive fee-free banking, because one of his accounts always had a large

amount of cash in it.

Within two days of the current merger, Denny received several statements assessing banking

fees. Enraged, Denny called the manager of the bank to complain. The manager stated that she

was not willing in any way to help Denny receive fee free banking. Denny then asked for her

supervisor’s name, and was told that she is the supervisor for the whole state, and makes all

final decisions. The manager then hung up on her. The next day, Denny walked to the bank,

entered, and fired a single shot into the manager's office, killing the occupant. Unfortunately, the

person standing in the office was a customer waiting for the manager to return from the vault.

What is the most serious offense for which Denny could be convicted?

A) 1st degree murder

One night, two teenagers, ages 17 and 18, were walking home from their jobs at a pizza

shop. As they passed a large house, the older boy told the younger one that as a kid, he had

worked in a hotel for the family that owned both that house and the hotel in which he worked.

He also told the younger boy that when he had worked at the hotel, rumor had it that the hotel

owner skimmed most of the cash off the top of his businesses, and that he had accumulated

more than $500,000 in cash, which he kept hidden in the basement of his home. The younger

boy grew extremely excited at the thought of all that cash there for the taking. They

spontaneously decided to sneak into the house and steal the money.

They jumped the fence surrounding the property and crept through the backyard of the house.

The older boy jimmied the downstairs window and had crawled halfway through it when the two

heard the owner yelling, "Hey, who's there?" Frightened, the boys began running away, chased

by the incensed homeowner. However, before he could catch up to them, the homeowner

suffered a heart attack from the excitement and extreme physical exertion and died.

If the teenagers are charged with homicide (assume no problems with charging the 17-year old

as an adult), of what crime will they most likely be found guilty?

A) Felony murder

A husband and wife had been married for many years. Normally, the husband stayed at work

each weekday, returning home after 6 p.m. The wife worked from their home as a telemarketer.

As their 30th anniversary approached, the husband decides to prepare a romantic surprise for

his wife. On the day of their anniversary, the husband left work at 1 p.m. and drove to the local

florist, where he purchased a dozen long-stemmed roses. He then drove home, intending to

surprise his wife with the flowers and spend the entire afternoon alone with her. When the

husband arrived at his home, he looked in the window of the office his wife used to make her

telemarketing calls and observed his wife in what he believed to be a passionate, sexually-

charged embrace with their neighbor. The husband, a jealous man, had long suspected that the

neighbor harbored desires for his wife. Believing that his wife and the neighbor were engaged in

sexual relations, the husband flew into a rage, ran to the garage, and retrieved a loaded revolver

he kept in a locked box. He then ran back to the front of the house just as the neighbor was

leaving. Still in a jealous rage, the husband shot the neighbor, killing him instantly. In actuality,

the neighbor had dropped by the happy couple's home to drop off an anniversary gift for the two

of them and the wife was giving their neighbor a hug when their belt buckles accidentally got

hitched together, causing them to squirm awkwardly for a moment at the precise time the husband had looked through the window. The husband was prosecuted for the

homicide of the neighbor.

If the jury found that the husband reasonably believed that his wife and the neighbor were

having sexual relations at the time of the incident, the husband should be found guilty of:

C) Voluntary manslaughter

"Ice" is the street name for crystallized methamphetamine that, when smoked, causes the

user to hallucinate and become paranoid. George, a 20-year-old man, had smoked some "ice"

about an hour earlier when a female acquaintance and four of her female friends approached

the bench upon which George sat. "Hey, old man," taunted his acquaintance, "What'cha got in

your hand?" George was holding a small vial containing "ice" crystals in his left hand. When he

refused to reply, two of the young woman's companions grabbed his left arm, and the young

woman acquaintance began to pry the fingers of his left hand apart, using a screwdriver for

leverage. George, who made his living as a pianist playing for tips in bars, became enraged. He grabbed the screwdriver from the acquaintance and stabbed it in her neck, killing her

instantly. This jurisdiction has adopted the Model Penal Code.

At George's trial for the murder of his female acquaintance, which of the following is the most

appropriate instruction for the jury?

C) The jurors may find the defendant guilty of the lesser included offense of voluntary

manslaughter if her behavior would have been adequate provocation to a reasonable

professional piano player.

A college student was a committed vegan, eating only plant-derived foods, and the thought of

all the animals slaughtered to provide meat for people nauseated her. One night, in order to

dramatize the unhealthy nature of meat and to draw attention to the slaughter of innocent

animals, the student went to the butcher's section of the supermarket where she was employed

as produce manager and sprinkled a nausea-inducing chemical on all the meat, fowl and fish

products. Despite being careful, the student accidentally put too much powder in one package

of hamburger. When the woman who bought it served it to her family, her husband, who was

unusually susceptible, died as a result of ingesting the chemical. In the student's jurisdiction,

murder is defined as: "the unlawful killing of a human being with malice aforethought. Such

malice may be express or implied. It is express when there is manifested a deliberate intention

unlawfully to take away the life of another person. It is implied when no considerable

provocation appears or when the circumstances attending the killing show an abandoned and

malignant heart. All murder which is perpetrated by willful, deliberate, or premeditated killing or

which is committed in the perpetration of or attempt to perpetrate arson, rape, robbery, or

burglary is murder of the first degree. All other kinds of murders are of the second degree." If

prosecuted for the criminal homicide of the woman's husband, the student should be found

guilty of

D) involuntary manslaughter, since she did not intend to kill anyone.

An 18-year-old high school dropout and his friends, a group of about a dozen teenagers, like

to roam around the city on their skateboards. Despite (or perhaps as he claims, because of) his

lack of formal education, the 18-year-old is highly intelligent and well-read. He is also an avid

anarchist, and his friends regard him as a virtual deity. The 18-year-old constantly warns them

that society is attempting to beat every last independent thought out of their heads. One day in

the city park, the 18-year-old encourages his friends to raid the nearby subway station, which he

claims is a focal point for governmental spying on private citizens.

The young men eagerly follow the 18-year-old down into the subway station, where he proceeds

to brandish a gun. Together, they take more than 20 hostages. The 18-year-old and his group

hold siege for a full 24 hours, until finally the National Guard is called in. The 18-year-old and his

friends are arrested and charged with multiple crimes.

If the friends assert a "mental defect" defense, under which of the following standards do they

have the best chance of escaping criminal liability?

A) Model Penal Code test

Max, an office worker, gets extremely drunk at the office holiday party. Max started

pantomiming on the dance floor, and picked up an umbrella and started incorporating it into his

performance. He swung it around faster and faster and then let go, and it flew and hit someone

in the face, injuring them severely. Max is charged with criminal battery. Max’s blood alcohol

level at the time was 0.14 percent, more than twice that permissible for operating a motor

D) No, because intoxication cannot negate recklessness.

The State of Madison has a statute that provides as follows: (1) first-degree murder is a

deliberate and premeditated killing, (2) second-degree murder is an unlawful killing with malice

aforethought, and (3) manslaughter is either an unlawful killing committed with adequate

provocation or an unlawful killing committed through criminal negligence. An electrician, a

resident of the State of Madison, is distraught over his recent dismissal from a job he had held

for 20 years. The day following his dismissal, the electrician returns to his former employer's

place of business with two loaded handguns. The electrician enters the building and confronts

the owner of the business. Waving the two handguns around indiscriminately, he shouts, "You'd

better give me my job back, or I'm going to start shooting!" Concerned for the safety of his

employees and customers, the owner dives at the electrician in an attempt to disarm him. As the

owner tackles the electrician, one of the handguns hits the ground and discharges. A customer

is shot and killed.

The owner is guilty of which, if any, of the following crimes?

D) No crime

Delilah was asleep in her second floor bedroom when she heard noises downstairs in the

living room. Delilah took a loaded gun from her night table and descended the stairs. She saw

two burglars running out the front door. Delilah ran outside trying to catch them.

Simultaneously, Oscar, an off-duty plainclothes police officer was driving his car past Delilah’s

home when he saw two suspicious men running down the street. Oscar stopped his car in front

of Delilah’s house, exited his vehicle, pulled out his gun and started walking toward Delilah,

who was standing on the front lawn. Delilah turned and saw Oscar with his gun drawn. Not

knowing that Oscar was an off-duty police officer, Delilah shot him with her pistol. Oscar was

wounded, but survived the shooting.

If Delilah is prosecuted for assault with a deadly weapon, which of the following would

provide her with his best defense?

B) She reasonably believed that her life was in danger when she shot Oscar.

For the past three weeks, a shopkeeper has been actively protesting the construction of a

major overpass in his small town. Every day, he blocks traffic and yells disparaging remarks at

the drivers who are "sacrificing their hometown just so they get to work quicker." A driver and a

passenger who regularly carpool to work have grown frustrated with the shopkeeper and at

having to leave for work 30 minutes early because of the traffic delays he has caused. One

morning as they are driving past the shopkeeper's regular location, the shopkeeper spits at

them through the open window of the car. The passenger manages to duck, but the driver is

spattered with the shopkeeper's saliva.

If the shopkeeper is charged with the assault of the passenger, he will likely be found

B) guilty, because the shopkeeper tried to spit on the passenger.

1. In her prosecution for murder of a police officer, a defendant claimed that she had acted in

an extreme heat of passion because the officer had beaten her with a nightstick while making

an otherwise lawful arrest on an outstanding arrest warrant for numerous parking violations.

The defendant introduced evidence supporting her claim and argued that she should be

convicted of voluntary manslaughter rather than murder. The jurisdiction uses the common law

definition of murder as "the killing of another human being, with malice, which is not justified,

excused or mitigated."

What is the burden of proof on the defendant's claim that her killing of the police officer was

mitigated by heat of passion?

B) The prosecution must prove beyond a reasonable doubt that the defendant was not acting in the heat of passion when she killed the police officer.

A husband and wife decided to go out dancing together. While out, both drank excessively.

Because the wife felt that she was less intoxicated than the husband, she decided to drive the

pair home. While in the car, the husband told her that he had been cheating on her with her best

friend. The wife looked calm as she continued to focus intently on the road. Ten minutes later,

she lost control of the vehicle and struck another vehicle, killing her husband. When told that her

husband was dead, the wife showed no emotion. Her blood alcohol concentration was above

the legal limit.

What is the appropriate criminal charge in the death of the husband?

C) Involuntary manslaughter

Defendant had a long history of animosity toward his neighbor due to loud parties held by the

neighbor's teenage children. As a result, the defendant decided to get even. Later that week, as

the neighbor's children were throwing yet another party, Defendant dressed up as a police

officer, placed a toy gun in his holster, and knocked on the neighbor's front door. The

neighbor's teenage son answered the door. Defendant drew the gun and pointed it at the

teenager. Frightened, the teenager stepped back into the house, tripped on a beer bottle, fell

backwards, and hit his head on a table. He died from a fractured skull.

Defendant may be convicted of which of the following crimes?

D) Involuntary manslaughter

During his winter break from college, a sophomore returns to his hometown to visit his friends

and family. One night, he meets up with his old high school pals at a local pub. After several

hours, the sophomore's high school sweetheart walks into the bar. Overjoyed to see her, the

sophomore immediately runs over, scoops her up in his arms, and kisses her. The sophomore

then decides to impress his friends by showing that he can still do the complicated dance moves

with his sweetheart that they used to practice in high school, despite the fact that the bar is quite

crowded. As he is swinging his sweetheart around in glee, her high heel strikes a nearby patron

in the eye. The patron requires surgery to save his sight.

Of what common-law crime, if any, should the sophomore be found guilty?

B) Battery

Hundreds of people gather at a local park to watch a movie on a projection screen. In the

middle of the movie, a group of teenagers begin to fight loudly and violently at the back of the

crowd. Three teenagers pull out large knives, causing panic among the moviegoers. One

teenager is stabbed in the stomach by another teenager. The stabbed teenager runs into the

crowd bleeding and screaming, which causes all of the moviegoers to run in every direction to

avoid the altercation. The stabbed teenager falls and passes out from the stab wound and the

crowd runs over him. An autopsy reveals that the stabbed teenager died from being crushed by

the crowd and not from the stab wound.

Can the stabber successfully assert the defense of a superseding act for the death of the

stabbed teenager?

D) No, the dependent intervening cause was not an abnormal response.

State X has the following statutes defining the crimes of battery and assault: "Criminal

battery is defined as the intentional, reckless, or criminally negligent unlawful

application of force to the person of the victim."

"Criminal assault is defined as the attempted battery of a person or intentionally causing a

victim to fear an immediate battery."

A man got into a heated altercation with a bartender late one night at a bar over a disputed tab.

The man argued that the bartender had placed additional drinks on his tab, and refused to pay

for any of the tab. The bartender told the man he might not make it out of the bar alive if he did

not pay. The man laughed at the bartender, and walked away towards the front door. The

bartender pulled a pistol that he knew to be unloaded out from behind the bar, and pointed it at

the man, but the man never turned around to see the gun, and walked out of the bar without

paying.

Can the bartender be convicted of criminal assault?

C) No, because the man was never put in fear of an immediate battery.

During his winter break from college, a sophomore returns to his hometown to visit his friends

and family. One night, he meets up with his old high school pals at a local pub. After several

hours, the sophomore's high school sweetheart walks into the bar. Overjoyed to see her, the

sophomore immediately runs over, scoops her up in his arms, and kisses her. The sophomore

then decides to impress his friends by showing that he can still do the complicated dance moves

with his sweetheart that they used to practice in high school, despite the fact that the bar is quite

crowded. As he is swinging his sweetheart around in glee, her high heel strikes a nearby patron

in the eye. The patron requires surgery to save his sight.

Assume it is determined that the sophomore was legally intoxicated at the time he swung his

sweetheart, causing the injury to the patron. Is the sophomore's intoxication likely to prevent his

conviction of the crime of battery?

D) No, because his intoxication cannot negate recklessness.

Defendant was at a bowling alley with his girlfriend. The group bowling on the next alley

became loud and obnoxious. Defendant asked then to quiet down and to refrain from using

vulgar language. A man from the group then told Defendant to mind his own business.

Defendant began to walk toward the man to try to reason with him. Defendant saw the man

reach into his pocket and take something out. Unreasonably believing it to be a knife, Defendant

pulled his own knife and stabbed the man in the arm. The object that the man took from his

pocket turned out to be a shoehorn that he used to put on his bowling shoes. Before the

ambulance arrived, the man bled to death. Of which of the following crimes may Defendant be

convicted?

C) Voluntary manslaughter

A nurse was prosecuted for battery. At trial, it was established that the nurse poked a doctor in the eye.

In which of the following situations is the nurse most likely to be acquitted of the battery charge?

C) The nurse was undergoing electrostimulation tests for a nerve disorder, and the electric shock caused his arm muscles to contract, sending his finger into the doctor's eye.

10. A man loses his driver's license as a mandatory penalty for a simple possession of

marijuana under state law. Under the statute, even if the possession occurs nowhere near a

car, as was the case with this man's violation, the suspension still applies. The man has never

committed any sort of traffic violation, been issued a speeding ticket, or been involved in an

automobile accident in his 15 years of driving. In the jurisdiction, driving without a license is a

misdemeanor offense. Several weeks following the revocation of the man's license, his wife

comes down with the flu and cannot drive him to work as usual. Because he needs to get to

work, the man drives for the first time since his license was suspended. He is less than a mile

away from home when a child darts out from between two cars and into the street, directly into

the path of the man's car. The child is killed instantly in the collision. There is no indication that

at the time of the accident the man was operating his motor vehicle less than safely or

committing any moving violation. If the man is charged with involuntary manslaughter, he will likely be found.

B) not guilty, because the misdemeanor that was committed bore no proximate relation to the

death.

Which of the following statements is not true with respect to the Model Penal Code (MPC)?

B) The MPC has been adopted verbatim by virtually every jurisdiction.

Each crime will have, as a part of its definition, which of the following elements?

A) A definition of the required criminal act (or omission to act if there is a duty to act) that the defendant must perform.

Which of the following is not a source of criminal laws?

C) Public opinion

Which of the following is not currently accepted as a rationale for punishment of criminal behavior?

C) Pacification

A defendant may not be convicted of a crime until:

C) guilt is established beyond a reasonable doubt.

Which of the following terms refer to the mental part of a crime?

B) Mens rea

Which of the following is the most accurate statement?

A) Most crimes today are defined by statute.

In the State v Rocker case, the dissenting opinion uses the terms “general intent.” “General intent,” according to this dissent, means that the defendant acted:

B) with the awareness of sufficient facts and circumstances from which the trier of fact could infer defendant acted with general intent.

What is the difference between acting “purposely” with respect to a result and acting “knowingly” with respect to a result under the Model Penal Code?

D) To act purposely is to act with purpose, aim, or design to cause a particular result, whereas to act knowingly is to do an act conscious of the practical certainty of the results.

In dealing with mens rea,  when a statue uses the term "willful," how should that be interpreted?

A) As the equivalent of intentional

In State v. Rocker, the court discussed the crime of common nuisance. Which of the following statements regarding that crime is correct?

B) The intent necessary to be guilty is a general intent

Based on the United States v. Jewell case, which of the following is an incorrect
statement of the law?

D) An actor who is aware of the probable existence of a material fact but does not attempt to determine if that material fact exists can only be found to have acted recklessly with respect to that material fact.

MPC section 2.02 expressly addresses all of the following mental states except:

C) Intentionally

Based on State v. Larson, which of the following is not a correct statement regarding the term “reckless”?

B) One acts recklessly only if he intentionally does an act or fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable man to realize that the actor’s conduct is practically certain to cause a harmful result

Recklessness as defined by MPC section 2.02 requires:

D) Both A and B

Which of the following is a correct statement regarding criminal negligence?

A) Criminal negligence is a higher standard than civil negligence, but a lesser standard than recklessness.

Diego was stopped by customs officers as he entered Los Angeles airport after arriving from a flight from Europe. When the customs officers opened his suitcase, they found a brown paper package that contained heroin. Diego acted surprised and claimed that he had put the package in his suitcase at the request of a friend who asked Diego to bring it to the United States and that Diego had no idea what was inside the package. Diego has been charged with knowingly and intentionally transporting heroin. The jury should be instructed that Diego is:

B) guilty, if Diego knew that the package contained heroin and intended to transport it.

On a rainy Saturday, Padma entered a restaurant to have lunch. She placed her brown umbrella in a receptacle located in the foyer of the restaurant. After finishing lunch, Padma picked up a brown umbrella, believing it to be hers. However, the umbrella Padma took belonged to another patron. After Padma had left the restaurant and walked a short distance she discovered that she had taken the wrong umbrella. She immediately returned to the restaurant, intending to return the umbrella. The umbrella Padma had taken belong to a police officer, who placed Padma under arrest.   Padma was charged with larceny, which is defined as the trespassory taking and carrying away of the personal property of another with the intent to steal. Is Padma guilty of larceny?

C) No, because Padma lacked the requisite state of mind.

The State of Liberty has enacted a criminal statute making it unlawful to knowingly possess, sell, or transport narcotics and other controlled dangerous substances within its borders. A reputed drug dealer who lived in Liberty oftentimes would hire drivers to transport drugs from his home in Liberty to various locations across the country. One day the drug dealer approached Duncan, an acquaintance who lived next door to the drug dealer, and offered to pay him $1000 to deliver a package to a location in another city within the state of Liberty. Since Duncan was unemployed and needed the money, he agreed. The drug dealer handed the package to Duncan, who placed it in the back seat of his car. Duncan did not ask, nor was he told what was contained in the package. The package contained a kilo of cocaine. During the drive to deliver the package, Duncan deliberately refrained from inspecting the package because he knew what the drug dealer did for a living. When Duncan arrived at the delivery location, he was immediately arrested by the police, who had been surveilling the drug dealer for some time. If Duncan is charged with violating the aforementioned state statute, will he be found guilty?

B) Yes, because he chose not to examine the contents for fear of discovering narcotics.

On a camping trip in a state park, Rose discovered metal signs near a rubbish heap stating, "Natural Wildlife Area--No Hunting." She took two of the signs and used them to decorate her room at home. She is charged with violation of a state statute which provides, "Any person who knowingly appropriates to his own use property owned by the state shall be guilty of a crime and shall be punished by a fine of not more than five hundred dollars, or by both such fine and imprisonment." At trial, Rose admitted taking the signs, but testified she believed the signs had been thrown away.  Rose should be found:

D) not guilty, if the jury finds she honestly believed the signs had been thrown away.

Dot purchased a roll-top desk at a used furniture store. When she brought the desk home, she found a small pill box which contained four tablets that looked like a common cold medicine. Dot took the tablets to her pharmacist who told her that the tablets were "zylomin," a controlled substance. When Dot asked what she should do with the tablets the pharmacist told her that while it was illegal to purchase zylomin tablets, she could keep them without fear of breaking any laws since she had no idea the tablets were in the desk when she purchased it. Unknown to Dot or the pharmacist, a statute in the jurisdiction prohibits the "knowing and unlawful possession of a controlled substance."
If Dot is arrested and prosecuted for violation of this statute, she should be found:

A) guilty, because she knowingly possessed zylomin tablets.

Doris went to visit her husband, Carl, who was an inmate at a county jail. Since Carl had been complaining of a head cold for quite some time, Doris brought with her a decongestant she had purchased at the local pharmacy. When she removed the decongestant from her purse and handed it to Carl, she was immediately placed into custody by the guards. She was charged with violating a state statute which made it a felony punishable by three to five years in state prison to “transport any item into a county jail facility containing more that 5% alcohol.” The decongestant was found to contain 10% alcohol. At trial Doris testified that she did not believe that the decongestant actually contained alcohol. Should Doris be found guilty of the charged crime?

C) No, if Doris’s belief that the decongestant did not contain alcohol is reasonable

Defendant, while under oath, testified as a material witness in a criminal trial.  On cross-examination Defendant was asked whether he had previously been convicted of theft. Defendant replied that he had not. Defendant was subsequently arrested and charged with perjury. The jurisdiction defines perjury as knowingly making a false statement while under oath. At Defendant’s trial, the prosecution introduced evidence that Defendant, while a teenager, had been convicted of theft. Defendant then testified that he had indeed been found guilty of theft when he was 16, but his attorney at the time told him that his arrest record would be sealed when he reached the age of 18. Defendant further testified that he believed the sealing of his record absolved him of the conviction, so it was as if it the conviction had never occurred. In fact, that was not the case. If the jury believes Defendant, it should find him:

D) not guilty, because he lacked the necessary mental state

Elena was a single mother who had a one-year-old daughter named Connie. Elena made an appointment to see her doctor after experiencing recurring lower back pain. After examining her the doctor prescribed a muscle relaxant drug to relieve the pain. One evening Elena took the muscle relaxant as prescribed. She then drank a glass of wine with dinner. Later, she began hallucinating. The doctor did not advise Elena that the medication should not be taken with alcohol, and the combination could cause a person to become disoriented and experience hallucinations. While hallucinating, Elena took Connie out of her crib and threw her against the wall, injuring her. Elena was charged with assault with intent to commit serious bodily injury.  Elena should be found:

C) not guilty, if she lacked the intent to cause serious bodily injury to Connie.

Deepak decided to incorporate his business. Since he was completely ignorant as to the requirements of incorporation, he hired a lawyer who specializing in corporate law to prepare all necessary articles of incorporation documents that needed to be filed with the state. The employment contract called for the documents to be prepared by August 1. The lawyer drafted the necessary documents, which contained false statements of fact. The lawyer discovered the false statements on July 31, but did not have the time to correct them by the August 1 deadline.  Therefore, he delivered the documents to Deepak and told him the documents were ready for filing. Deepak, without knowledge of the false statements, signed the documents and filed them with the state. If Deepak is prosecuted for violation of a state statute which prohibits the willful making of false statements in articles of incorporation documents, is Deepak guilty?

D) No, if Deepak reasonably and in good faith relied on the lawyer to properly draft the documents

Which of the following is most likely to be found to be a strict liability offense?

B) A state statute providing that the sale of food products contaminated with the e coli is a misdemeanor

Which of the following best illustrates an example of a defendant’s voluntary act?

D) The act of willfully slapping a person across the face.

Under the Model Penal Code, which of the following is NOT considered an example of an involuntary act?

A) An omission to act when a duty to perform is otherwise imposed by law.

In County Court of Ulster County v. Allen, the U.S Supreme Court held

A) When the act required is one of possession, it can be the subject of a presumption.

Which of the following crimes is specifically defined as requiring an omission to act?

D) Failure to file a tax return

Which of the following statements about the state of unconsciousness is true?

A) It is a complete defense if the defendant was in fact unconscious at the time he/she undertook that which constituted the acts required for the alleged crime

At common law, criminal liability required

C) A finding that both a mental element and a physical act requirement are established

Which one of the following statements best characterizes the principle of vicarious liability as it relates to the criminal law?

A) A person is generally not liable for how someone else acts, unless that person directs, encourages, or aids the other person to act

Which of the following statements is true about voluntary manslaughter?

Murder can be reduced to voluntary manslaughter even though the defendant intentionally killed the victim

Which of the following is not relevant when deciding whether a defendant should be found guilty of voluntary manslaughter?

C) Whether the victim intended to provoke the defendant

According to Patterson v. New York, second degree murder under New York law exists when the requisite mental state combines with:

B) causing the death of another.

What test is used to determine whether a defendant killed after reasonable provocation?

C) A hybrid test containing both objective and subjective tests of provocation

If an expert marksman, enraged by seeing his wife engaged in an adulterous relationship, entered the bedroom and shot and killed his wife, his intent to kill his wife:

B) can be inferred because the killer used a gun

Which of the following DOES NOT need to be proven in order to establish the defendant committed murder?

A) The defendant acted with the intent to kill

Devon owned a warehouse and lived in a loft above the warehouse. After suffering three break-ins in less than a month, Devon purchased a trained attack dog that he allowed to sleep in the warehouse at night. The dog had been trained to inflict serious injury or kill any intruders. Three days after purchasing the dog, Devon awoke one night when he heard the dog barking in the warehouse. When Devon came down to determine the cause of the dog's disturbance, he found that the dog had attacked and killed a homeless person who had broken in to find a place to sleep inside. What is the most severe crime of which Devon is guilty?

A) Murder

Victor and Jesse were playing softball. Victor and Jesse had been drinking buddies for years and, in fact, Jesse worked for Victor at one point. However, Victor terminated the employment when he caught Jesse stealing.  In the fourth inning, Victor broke up a double play by purposely spiking Jesse. After the game, during a wild celebration due to a game ending home run by Victor’s team, Jesse charged at Victor and hit him in the head with a baseball bat.  Witness heard Jesse state as he committed the act: “Remember this—now we’re even.” Victor died instantly as a result of the blow. What is the most serious crime Jesse may be found guilty of?

B) 2nd degree murder

Marv worked as a teacher at a child-care center owned and operated by Childco. One morning, Marv noticed that Victoria, one of the students in his kindergarten class, had fresh bruises on her arms and legs. Suspecting that Victoria had been abused, Marv asked her how she got the bruises. Victoria refused to answer and began to cry. At the end of the school day, Marv reported the incident as a possible case of child abuse to the Childco management as he was required to do by company policy. A state law required all teachers and child care providers to report all cases of suspected child abuse to the local police or child welfare authorities. The Childco management told Marv not to report the incident to the police or local child welfare officials because they feared that the likely publicity would cause unnecessary fear by the parents of children in the school and could cause a loss of enrollments. Marv agreed not to report the incident to the authorities. Two days later, Victoria was killed during a beating administered by her mother. If Marv is prosecuted for the murder of Victoria and evidence is presented that the bruises Marv observed were inflicted by Victoria's mother, Marv should be found:

C) not guilty, Marv lacked the necessary mental state required to support a murder conviction

Carlos and Jim often took their rifles and entered a vacant field adjacent to their homes to practice target shooting. They would set up some cans and bottles on tree limbs and rocks in the field to serve as targets. One day, as they were setting up the targets, Carlos noticed that a new office building was under construction in the lot directly behind their targets. Carlos mentioned to Jim that there was a chance a stray bullet might hit the building, but Jim assured Carlos that no one would be occupying the building yet since it was still under construction, and since it was Sunday no construction workers would be on site. For those reasons Jim felt it was safe to shoot at the targets they had set up. Carlos took aim at the targets and fired off several rounds of ammunition. One of the bullets Carlos fired missed the target and struck and killed a homeless man who was sleeping inside the unfinished office building. Carlos is most likely guilty of:

C) involuntary manslaughter, because Carlos’ criminal negligence caused the death of the homeless man

Dan came home to find his wife lying on the floor, most of her clothing missing, her underwear ripped and her face scratched. When Dan asked her what happened, she told him that Vic, their neighbor, had raped her. Enraged, Dan shouted, “I’ll kill that little coward!” Grabbing a revolver he kept in a cupboard, Dan ran next door to Vic’s apartment and pounded on the door. No one answered, but as Dan turned away he saw Vic drive up in a car. Dan ran to where Vic was getting out of the car, leveled the gun at Vic’s chest and shouted, “I’m going to kill you for raping my wife.” Vic protested that he had been at a baseball game for two hours, but said that as he had left to go to the game, he had seen Tom, another neighbor with whom Dan’s wife had previously had an extra-marital affair, go into Dan’s house. Dan realized that he had heard noises as if someone was hurriedly dressing as he had entered his own house a few seconds before finding his injured wife on the floor of the kitchen. Dan suddenly put the revolver in his own mouth and tried to pull the trigger. Vic reached for the gun and struggled to pull it out of Dan’s mouth. As Dan continued to try and point the gun at himself, the revolver went off. The bullet struck and killed Vic.  Dan is guilty of:

B) manslaughter, because a suicide attempt made with bystanders nearby is generally considered reckless conduct sufficient for involuntary manslaughter

Deft and Vick were drinking in a bar when they began to argue. Vick slapped Deft and the two men began to fight. Deft suddenly pulled out a pistol and shot Vick in the head. Vick was rushed to the hospital where emergency surgery was performed. While in the course of removing the bullet from Vick’s head, the surgeon discovered a malignant cancerous brain tumor. The surgeon attempted to remove the tumor, but Vick died during the tumor removal procedure.
If Deft is charged with the murder of Vick, his best defense will be that:

A) he shot Vick in the heat of passion.

Jacob is a devout person.  His faith believes that only God can heal. One day a car hits Jacob’s son. Although his son was badly injured, Jacob took his son from the scene to his home and started to pray. His son’s condition worsened. At that point Jacob’s sister, who is medical doctor, petitioned the court to have Jacob’s son hospitalized.  Her petition was granted and Jacob’s son was hospitalized, but fell into a coma due to the delay in getting treatment. Jacob then petitioned the court to remove his son from the life support system.  He argued that his faith does not allow it and that it should be disconnected. The doctors testified that the child was not likely to ever regain consciousness. They also testified that the delay in Jacob getting medical treatment was why the son was in an irreversible coma. If treatment had been obtained promptly, Jacob’s son would have recovered fully. The Court ruled to disconnect the life support systems and Jacob’s son immediately died. If Jacob is charged with contributing to his son’s death the result should be the Jacob is guilty of:

C) Involuntary manslaughter

Victor and Jesse were playing softball. Victor and Jesse had been drinking buddies for years and, in fact, Jesse worked for Victor at one point. However Victor terminated the employment when he caught Jesse stealing. In the fourth inning Victor broke up a double play by purposely spiking Jesse. After the game, Jesse waits in hiding in the parking lot for Victor to finish two more games in the tournament.  During that time Jesse consumed several beers and smoked a joint.  When Victor approached his car Jesse charged at Victor and hit him in the head with a baseball bat.  When he hit Victor Jesse was heard to say, “You just played your last game.”  When a witness said “Vic is dead,” Jesse was overheard to say, “Good!” Which of the following is the most serious crime Jesse is guilty of?

A) 1st degree murder

Dell, intending to kill Vespa, placed a powerful explosive device in Vespa’s automobile. Dell knew that Vespa was leaving on a long automobile trip the next day. The explosive device was timed to go off one hour after Vespa began the driving trip. Shortly after Vespa began driving on her trip the next day, a large truck ran through a red light at a high rate of speed and collided with Vespa’s automobile, killing Vespa immediately. The collision disengaged the fuse of the explosive device so that it could not activate the explosives. If Dell is prosecuted for the murder of Vespa, he should be found:

D) not guilty, because Dell did not cause Vespa's death

Darnell was practicing rifle shooting in a vacant field with his collection of rifles. He set up his target at one end of the field and measured off a distance of 50 yards away to mark the distance he wanted to practice. Darnell had used the vacant field for many years for target practice without incident. On this occasion, Darnell noticed that someone had built bicycle paths with ramps and jumps in the area just beyond where he had placed his target. As he was preparing to begin target shooting, Darnell noticed that several children were riding bicycles on the paths. Darnell began firing at the target. One of his shots missed the target and struck one of the children riding on the bicycle paths, killing the child instantly.
Darnell is guilty of:

A) Murder

In State v. Goodseal, the Court found that the purpose of the felony-murder rule was to:

C) furnish an added deterrent to the perpetration of felonies which, by their nature or by the attendant circumstances, create a foreseeable risk of death

Defendant was engaged in a bank robbery. At the time Defendant was taking money from the teller, a customer about to enter the bank, who was unaware of the robbery taking place, suffered a heart attack and died. Is the Defendant guilty of felony murder?

C) No, because there was no causal connection between the customer’s death and the robbery.

At the early common law one whose conduct brought about an unintended death in the commission or attempted commission of a felony was guilty of murder. Modernly, American jurisdictions have limited the rule by

D) All of the above

Both at common law and under the typical modern statute the felony murder rule requires that

C) the killing occur in the commission or attempted commission of the felony

In connection with the defendant’s mental state in causing the death of another, felony murder should be classified as a:

C) Strict liability crime

Which one of the following statements regarding criminal assault and battery is correct?

B) The Model Penal Code defines assault to include both assault and battery.

Which one of the following statements regarding criminal assault as an attempted battery is correct?

D) Where A throws a rock at B, but misses, A must have intended to hit B in order to be convicted of assault as an attempted battery

In State v. Quintana, what did the court hold was required to establish the crime of mayhem?

D) All of the above

Which of the following statements is correct?

D) Simple battery is a general intent crime but aggravated battery is a specific intent crime.

Which one of the following statements regarding mayhem is true?

A) At common law, a mayhem injury must have rendered the victim unable to fight

Which one of the following statements regarding mayhem is true?

At common law mayhem required the defendant to perform a violent act

Darryl was a nurse assigned to the intensive care unit at a major public hospital. For months he had watched his patient, Payne, a severely burned accident victim, languish in agony. With increasing feelings of frustration, he discussed Payne’s case with the burn specialists who were treating him. The doctors all said that Payne was dying, and that the best they could hope to accomplish was to prolong his life by a month or two. Even this, they said, required special equipment since the patient could not breathe without the assistance of a breathing machine. Depressed, Darryl went to visit Payne’s room just as a member of the housekeeping staff was mopping the floor. Darryl saw the cleaner’s mop strike the plug of Payne’s breathing machine and disconnect it from the wall outlet, but said nothing. After the cleaning person left the room Darryl watched as Payne, unable to breathe without the machine, quietly died. If Darryl is prosecuted for the murder of Payne, he should be:

C) convicted, because as a nurse assigned to Payne’s care, Darryl had an affirmative duty to save Payne from a life-threatening danger known to Darryl

Don decided to rob the City Bank. To avoid detection by the video camera security system, Don wore fake "Security System" overalls, brought a ladder into the building and, under the guise of inspecting and cleaning a camera, disengaged the security cameras. Don then proceeded to rob the City Bank by drawing a gun and demanding that a teller give him the contents of her cash drawer. As Don was preparing to exit the building, he noticed that police officers had arrived and were in position outside the building. Another teller had observed Don during the robbery and had called the police to warn them that a man wearing “Security System” overalls was armed with a gun and was committing a robbery. Don told everyone in the bank to lie down on the floor. Everyone complied. When Don saw the police, he quickly removed the “Security System” overalls and pointed his gun at Bill, the bank president, and told Bill to put on the overalls and run outside. Bill did as Don instructed and Bill was shot and killed by a police officer when he ran out of the bank. Don was apprehended a short time later while attempting to walk to the bank parking lot wearing Bill's clothing pretending to be the bank president.
At common law, if Don is charged with felony murder for the death of Bill, Don will be:

B) convicted, because Don's actions caused the death of another during the commission of a robbery.

Roxanne, a wealthy socialite, often wore expensive jewelry while walking her dog in Central Park. Her friends warned her against wearing such valuable ornaments because they feared she would be an easy target for muggers. In order to persuade Roxanne not to wear her expensive jewelry in the park, her friend, Desdemona, decided to play a practical joke on Roxanne.  One morning, Desdemona dressed like a man and hid in an area of the park that she knew Roxanne customarily walked through. While Roxanne was strolling through the park with her dog, Desdemona suddenly jumped out from behind a bush. Brandishing a toy pistol, she grabbed Roxanne’s diamond necklace from around her neck. Startled, Roxanne became hysterical and began to plead, “Please don’t hurt me.” Desdemona then removed her male garb, handed the necklace back to Roxanne and said, “I just wanted to frighten you to teach you a lesson.” If Desdemona is subsequently prosecuted, she should be found guilty of which, if any, of the following crimes?

C) Both battery and assault

Dan was a resident of Centerville who had long suffered from a mental disease. As a result of this disease, Dan believed that the police department of Centerville was out to “get him.” Dan knew that this belief was irrational because the police had always treated him with respect, but he was unable to convince himself that he was not the subject of a police conspiracy to persecute him. Acting on his belief, Dan walked into a Centerville police department and shot and killed a police officer. If Dan is arrested and tried for murder and Dan asserts the defense of insanity, he is most likely to be found not guilty if the jurisdiction has adopted:

B) Model Penal Code

Demetrice had long suspected his neighbor, Bob, of stealing Demetrice’s garden tools. One night, Demetrice found his lawnmower was missing. Believing Bob took it, Demetrice grabbed a shovel, vowing to teach Bob a lesson. Demetrice ran next door and into Bob’s house through an open door. He ran up to Bob and yelled, “Take this,” and hit him over the head with the shovel. Bob died immediately. Carol, Bob’s wife, fainted when she saw Bob lying on the floor. As she fainted, Carol’s head struck the fireplace, knocking her unconscious. Believing that both Bob and Carol were dead, Demetrice decided to destroy the bodies and placed newspapers around them and lit the papers on fire. Firefighters arrived and put out the fire, but only after Carol had died in the fire. It was later determined that Demetrice’s son had borrowed the lawnmower without asking permission.  If Demetrice is charged with the death of Bob, Demetrice is most likely to be found guilty of the crime of:

D) Murder

While waiting for a bus to take him to work, Bill was shot and killed by Tom, a business acquaintance. Under which of the following circumstances, if accepted as accurate by the jury, would a verdict of first-degree murder be proper in the murder trial of Tom?

C) Two days earlier, Bill had seriously embarrassed Tom in front of a group of business partners who laughed heartily at Tom’s expense and Tom had publicly threatened Bill that he would “get even.”

Wanda and Horatio, who lived together in the state of Liberty, divorced after seventeen years of marriage. They had one son, Shaq, age 10. As part of the divorce decree, Wanda was given custody of Shaq, while Horatio was entitled to weekend visitation rights. Thereafter, Horatio accepted a new job in the adjoining state of Columbia. Before relocating, Horatio met with Vernon, an attorney who practiced in Liberty, to seek his advice about how he could gain full custody of Shaq. Vernon told Horatio that Columbia did not give full faith and credit to divorce proceedings in Liberty. As a consequence, Vernon advised Horatio that he could take Shaq to live with him in Columbia and not be in violation of the law. This was erroneous legal advice and Columbia did in fact honor and give full faith and credit to other states’ divorce decrees.
When his next scheduled visitation took place, Horatio picked up Shaq at Wanda's home and, instead of returning Shaq to Wanda on Sunday evening, took Shaq to live with him in Columbia. After refusing to return Shaq to Wanda, Horatio was arrested and charged with kidnapping. The applicable statute defined kidnapping as “willfully taking a person and moving him or her to another location without lawful authority.”  Should Horatio be found guilty of kidnapping?

C) No because he lacked the requisite state of mind

In which of the following situations would Defendant be found not guilty by reason of insanity under the M’Naghten rule?

B) Defendant suffers from schizophrenia. He has a delusion that a real gun was in actuality a squirt gun, and he fired it at Victim to squirt water on Victim.  Victim died as a result

Tara and Britany were ballet dancers and members of a dance ensemble. Tara and Britany shared a two-bedroom apartment on the upper West Side of New York and had lived together for about four months. Although they were friends they did not have an especially close relationship. One evening Tara and Britany were eating dinner together at their apartment when Britany suddenly started choking on a chicken bone that was stuck in her throat. As Britany gasped for air, she looked beseechingly at Tara and moaned, “Help...Help me.” Although experienced in the Heimlich maneuver, Tara did not render any aid or assistance to her roommate.  Shortly thereafter, Britany choked to death. Tara is subsequently prosecuted for Britany’s death. At common law she should be found:

D) not guilty, because she had no legal duty to render assistance to Brittany.

Demetrice had long suspected his neighbor, Bob, of stealing Demetrice’s garden tools. One night, Demetrice found his lawnmower was missing. Believing Bob took it, Demetrice grabbed a shovel, vowing to teach Bob a lesson. Demetrice ran next door and into Bob’s house through an open door. He ran up to Bob and yelled, “Take this,” and hit him over the head with the shovel. Bob died immediately. Carol, Bob’s wife, fainted when she saw Bob lying on the floor. As she fainted, Carol’s head struck the fireplace, knocking her unconscious. Believing that both Bob and Carol were dead, Demetrice decided to destroy the bodies and placed newspapers around them and lit the papers on fire. The fire quickly escalated and burned a good portion of the building. Firefighters arrived and put out the fire, but after Carol had died in the fire. It was later determined that Demetrice’s son had borrowed the lawnmower without asking permission. At trial, Demetrice was convicted of arson. If Demetrice is also charged with the death of Carol, Demetrice is most likely to be found guilty of the crime of:

D) Murder

How does the Model Penal Code define intoxication?

A) A disturbance of mental or physical capacities resulting from the introduction of substances into the body

The majority of the courts that have held that evidence of mental condition not amounting to insanity is admissible have done so to allow a defendant to negate

A) Premeditation or deliberation required for conviction of first degree murder.

If a defendant is charged with first degree murder based on the premeditated and deliberate intent to kill, but then establishes that he was voluntarily intoxicated at the time of the killing, what might be the effect of the voluntary intoxication?

B) It might reduce the defendant’s guilt to second degree murder.

In City of Minneapolis v. Altimus, involuntary intoxication was stated to include several different kinds of intoxication. These include

D) All of the above