MBE Test 1 Criminal law and procedure

Question 1

If a conviction based on not unanimous 6 person jury verdict, Fed court will

Answer 1

Reverse, Constitution requires a unanimous verdict from a 6 person jury

Question 2

A “Retreat” state

Answer 2

Does not require retreat from a threat of violence unless the defendant intends to use deadly force

Question 3

CL Depraved heart murder

Answer 3

the killing of person resulting from the DF’s actions which carried a high risk of death and were without any societal benefit (e.g. shooting a shotgun in the air at a factory trying to get it closed down for the day)

Question 4

How can a grand jury compel production of a document over a suspect’s 5th amendment claim?

Answer 4

ONLY if suspect55 is granted use and derivative use immunity from the act of production

Question 5

Is this instruction correct: If you find the df guily of larceny of the car, and that the car was the but for cause of the store’s damage you shall find the df guilty of malicious destruction of property’?

Answer 5

NO, malicious destruction of property requires at least a knowingly mens rea, meaning the df would have needed to be practically certain that by stealing the car he would damage the store

Question 6

Common Law Conspiracy

Answer 6

Requires plurality of agreement, does not criminalize unilateral conspiracy where 1 person actually agrees to commit the crime and the other only feigned agreement

Question 7

Burglery

Answer 7

Requires the Specific intent to commit the felony there in, taking back one’s own property or being under the mistaken belief that they are authorized to recover the property is not enough

Question 8

4th Amendment protection of Hotel rooms?

Answer 8

Yes and absent exigent circumstances, a warrant is needed even with hotel manager’s permission

Question 9

Limitations on a warrant

Answer 9

That which the validity of the warrant is triggered by and limited to, if a particular thing (eg a package) once the package was discovered, the warrant does not authorize further exploratory searches

Question 10

Is a grand jury entitled to hear consider hearsay?

Answer 10

YES, and are not limited by the exclusionary rule

Question 11

Does the proper exclusion of jurors violate the Fair cross section right of the 6th amendment?

Answer 11

NO

Question 12

Mc’Naughten Test

Answer 12

1. Severe mental disease or defect &

2. As a result they did not know the nature or quality of the act, OR that act was wrong.