MBE Review Criminal Law/Procedure

Question 1

Common Law Murder

Answer 1

The unlawful killing of another with malice aforethought

Question 2

Mental states for common law murder

Answer 2

1) Intent to kill
2) Intent to cause serious physical harm
3) Depraved indifference
4) Intent to commit a felony (felony murder)

Question 3

Manslaughter

Answer 3

1) Recklessly killing another (involuntary manslaughter)
2) Heat of passion upon adequate provocation (voluntary manslaughter)
3) Misdemeanor-manslaughter (usually wrong answer)

Question 4

If asked for the most serious crime the jury could find the defendant guilty of committing

Answer 4

Go with the the most severe if it is at all possible to convict on that

Question 5

Rules where a crime requires recklessness

Answer 5

1) Prosecutor must establish an extreme deviation from normal behavior
2) Voluntary intoxication not a defense
3) If defendant makes a critical mistake, it must be a reasonable mistake

Question 6

Mental state of knowledge

Answer 6

Knows, believes, or is substantially certain

Question 7

Common Law Merger (MBE)

Answer 7

1) Solicitation merges with conspiracy, attempt, and the completed crime
2) Conspiracy does not merge with attempt or the completed crime
3) Attempt merges with the completed crime

Question 8

5 rules for conspiracy

Answer 8

1) At common law, conspiracy just required an agreement between two or more people to commit an unlawful act (overt act requirement added most jurisdictions)
2) Co-conspirators are liable for the conspiracy and all substnative offenses committed in furtherance of the conspiracy
3) Withdrawal gets defendant off the hook for subsequent crimes in furtherance of the conspiracy, but not for the conspiracy itself
4) Successful withdrawal must be voluntary and communicate to co-conspirators in time for them to change their plans
5) Conspiracy does not merge

Question 9

Robbery

Answer 9

The intentional taking and carrying away of the personal property of another by force or intimidation from the other’s person or presence with the intent to permanently deprive

Question 10

3 rules for specific intent crimes

Answer 10

1) Prosecution must prove actual intent
2) If defendant made a mistake with respect to a critical fact, it doesn’t matter whether it was reasonable and unreasonable
3) Voluntary intoxication is a defense, but defendant must have been super drunk

Question 11

Common law arson

Answer 11

Malicious burning of the dwelling of another

Question 12

At common law, intentional burning of your own home is

Answer 12

not a crime

Question 13

3 ramifications for malice

Answer 13

1) Can be shown by either intent or recklessness
2) Reasonable mistake is a defense
3) Voluntary intoxication is not a defense

Question 14

Rules to distinguish larceny from embezzlement

Answer 14

1) When dealing with theft by an employee, the correct answer will either be larceny or embezzlement
2) Low-level employee with control for short period of time will be larceny

Question 15

For searches in a home, which of the warrant exceptions generally can apply?

Answer 15

1) Consent

2) Exigent circumstances