CAS Bar Criminal Law 2 — Questions and Answers
Question 1: Dan shoots at Victor intending to kill him, but misses and the bullet kills Bystander. Under the doctrine of transferred intent, Dan is most likely guilty of:
- Involuntary manslaughter of Bystander only
- Murder of Bystander and attempted murder of Victor (Correct answer)
- Murder of Bystander only, because intent cannot be split
- Negligent homicide because he missed his intended target
Correct answer: Murder of Bystander and attempted murder of Victor
Transferred intent allows Dan's intent to kill Victor to transfer to the unintended victim Bystander, and he also remains liable for the attempted murder of Victor.
Question 2: A defendant is charged with burglary. The prosecution must prove the defendant entered a dwelling at night with intent to commit a felony therein. If the defendant formed the intent to steal only AFTER entering the dwelling, the correct outcome is:
- Guilty of burglary because entry and intent occurred in the same episode
- Not guilty of burglary because the intent must exist at the time of entry (Correct answer)
- Guilty of burglary under the continuing-trespass doctrine
- Guilty of attempted burglary because the crime was not completed
Correct answer: Not guilty of burglary because the intent must exist at the time of entry
At common law burglary requires the intent to commit a felony inside to exist at the moment of entry; intent formed after entry defeats the burglary charge.
Question 3: Which of the following best describes the 'felony-murder rule' under the majority approach?
- A defendant is guilty of first-degree murder for any killing that occurs during any crime
- A defendant is guilty of murder when a killing occurs during the commission or attempted commission of an inherently dangerous felony (Correct answer)
- A defendant may only be convicted of felony murder if the victim was the intended target of the underlying felony
- Felony murder applies only when the killing is committed by the defendant personally, not by an accomplice
Correct answer: A defendant is guilty of murder when a killing occurs during the commission or attempted commission of an inherently dangerous felony
Under the felony-murder rule, a killing that occurs during commission or attempted commission of an inherently dangerous felony (e.g., robbery, rape, arson) is treated as murder regardless of malice.
Question 4: Ann tells Bob she will kill him unless he robs a bank. Bob robs the bank. Which defense is MOST likely available to Bob?
- Necessity
- Consent
- Duress (Correct answer)
- Self-defense
Correct answer: Duress
Duress is the defense when a defendant commits a crime because another person threatens imminent death or serious bodily harm; necessity involves natural forces, not human coercion.
Question 5: Under the Model Penal Code, 'recklessness' requires that the defendant:
- Was unaware of, but should have been aware of, a substantial and unjustifiable risk
- Consciously disregarded a substantial and unjustifiable risk (Correct answer)
- Acted with the purpose of causing a particular result
- Was aware that his conduct was practically certain to cause the result
Correct answer: Consciously disregarded a substantial and unjustifiable risk
Under the MPC, recklessness means conscious disregard of a substantial and unjustifiable risk, distinguishing it from negligence (should-have-known) and knowledge/purpose.
Question 6: Defendant picks up a gun thinking it is unloaded and pulls the trigger, killing Victim. Which mental state best describes Defendant's culpability?
- Purpose
- Knowledge
- Recklessness
- Negligence (Correct answer)
Correct answer: Negligence
If a reasonable person would have checked whether the gun was loaded, the defendant's failure to do so constitutes criminal negligence.
Question 7: Carol is charged with conspiracy to commit robbery. If her co-conspirator Pete is acquitted at a separate trial, under the modern (MPC) approach, Carol's conviction:
- Must be overturned because conspiracy requires at least two guilty parties
- Is unaffected because each conspirator is judged individually on the evidence against them (Correct answer)
- Stands only if she was the leader of the conspiracy
- Is reduced to attempted robbery
Correct answer: Is unaffected because each conspirator is judged individually on the evidence against them
Under the MPC unilateral approach, conspiracy is judged on what the defendant agreed to, so the acquittal of a co-conspirator does not automatically require acquittal of the other.
CAS Bar Criminal Law 2
Dan shoots at Victor intending to kill him, but misses and the bullet kills Bystander.
Under the doctrine of transferred intent, Dan is most likely guilty of: