Crim Law MCQ

Question 1

Common-law murder

Answer 1

Common-law murder is the unlawful killing of another with malice aforethought. Malice aforethought includes a reckless disregard of an obvious or unjustifiably high risk of causing death or serious bodily injury (i.e., depraved-heart murder).

Question 2

Common law conspiracy

Answer 2

Common law conspiracy requires proof of at least two guilty minds, so a defendant cannot be convicted of conspiracy if the other alleged conspirator(s) feigned agreement. Additionally, solicitation is complete upon the encouragement of the crime—it does not matter if the other person agrees to or can commit the solicited crime.

Question 3

Criminal assault

Answer 3

Criminal assault occurs when a defendant (1) attempts to commit a battery or (2) intentionally places another in reasonable apprehension of imminent harmful or offensive contact.

Question 4

Factual impossibility

Answer 4

Factual impossibility—i.e., the existence of an unknown condition that makes the unlawful objective impossible to complete—is never a defense to conspiracy.

Question 5

Common-law bigamy

Answer 5

Common-law bigamy is a strict liability crime, so proof of the actus reus is alone sufficient to support a conviction. Additionally, mistake of fact is no defense to strict liability crimes—even if the defendant’s mistake was honest and reasonable.

Question 6

agency theory

Answer 6

majority rule - the defendant is responsible for deaths caused by cofelons

Question 7

accomplice

Answer 7

An accomplice (1) aids or abets the principal prior to or during the commission of a crime with (2) the specific intent that the crime be committed. An accomplice need not participate in or be present at the crime to be held liable and, under the modern majority approach, may be convicted even if the principal is not.

Question 8

Kidnapping

Answer 8

Kidnapping is (1) the intentional and unlawful confinement of another (2) against that person’s will (3) coupled with moving or hiding the person. For a kidnapping to occur incident to the commission of another offense, the movement of the victim must be more than is necessary to complete the other offense.

Question 9

mistake of law

Answer 9

A mistake of law based on erroneous legal advice is generally no defense to criminal liability. However, reliance on such advice may serve as a defense when the mistake negates the required mental state.

Question 10

embezzlement

Answer 10

The inability to fulfill a contractual obligation, such as paying back a loan, is not embezzlement