CLI Criminal Law & Procedure 2

Question 1

Under the Model Penal Code, a defendant who consciously disregards a substantial and unjustifiable risk acts with which mental state?

Accepted Answer

Recklessly

Answer

MPC §2.02 defines recklessness as conscious disregard of a substantial and unjustifiable risk.

Question 2

A robber's accomplice is charged with murder after a store clerk dies of a heart attack during the robbery, though no one intended harm. Which doctrine supports the charge?

Accepted Answer

Felony murder rule

Answer

The felony murder rule imposes murder liability for deaths caused during commission of an inherently dangerous felony.

Question 3

Under 18 U.S.C. § 371, what must be proven in addition to an agreement to commit a federal offense?

Accepted Answer

An overt act by at least one conspirator in furtherance

Answer

The general federal conspiracy statute requires an overt act by any one conspirator to further the agreement.

Question 4

A bookkeeper lawfully entrusted with company funds later transfers them to a personal account. This is best classified as:

Accepted Answer

Embezzlement

Answer

Embezzlement is the fraudulent conversion of property by one who was in lawful possession of it.

Question 5

Which element distinguishes robbery from larceny?

Accepted Answer

Taking from the person or presence by force or fear

Answer

Robbery is larceny plus the use of force or intimidation against a person.

CLI - Certified Legal Investigator Practice Test

CLI - Certified Legal Investigator Practice Test

CLI Criminal Law & Procedure 2