CAS Bar Criminal Law 2

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:

Accepted Answer

Murder of Bystander and attempted murder of Victor

Answer

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:

Accepted Answer

Not guilty of burglary because the intent must exist at the time of entry

Answer

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?

Accepted Answer

A defendant is guilty of murder when a killing occurs during the commission or attempted commission of an inherently dangerous felony

Answer

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?

Accepted Answer

Duress

Answer

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:

Accepted Answer

Consciously disregarded a substantial and unjustifiable risk

Answer

Under the MPC, recklessness means conscious disregard of a substantial and unjustifiable risk, distinguishing it from negligence (should-have-known) and knowledge/purpose.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Criminal Law 2