MBE Crim/Crim Pro Missed Rules

Question 1

What are the four legal insanity tests?

Answer 1

(1) M’Naghten Test = D doesn’t know right from wrong.

(2) Irresistible Impulse Test = D acted due to an irresistible impulse.

(3) MPC Test = combination of M’Naghten Test & Irresistible Impulse Test.

(4) Durham Test = “but for” his mental illness, D would not have acted.

Question 2

When can you use deadly force in defense of your dwelling?

Answer 2

May be used if one reasonably believes:

(1) Force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry;

OR

(2) Force is necessary to prevent entry by a person who intends to commit a felony in the dwelling.

Question 3

What are the limitations one liability for felony murder?

Answer 3

(1) D must be guilty of the underlying felony, the underlying felony itself must be independent of a killing;

(2) Victim’s death must be a foreseeable result of the felony;

(3) Victim’s death must be caused before D reaches a place of temporary safety;

AND

(4) D is not liable for the death of a co-felon killed by police or the original victim.

Question 4

What is voluntary manslaughter?

Answer 4

A killing resulting from an adequate provocation OR imperfect-self defense.

Question 5

What is the scope of a permissible search under the automobile exception?

Answer 5

Police can search:

(1) Entire vehicle and all containers within the vehicle that might contain the object for which they are searching;

AND

(2) Passengers and their belongings.