JD Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under the common law, first-degree murder typically requires:
- Intent to cause serious bodily harm
- Premeditation and deliberation with malice aforethought (Correct answer)
- Reckless disregard for human life
- Commission of a dangerous felony
Correct answer: Premeditation and deliberation with malice aforethought
Common law first-degree murder requires malice aforethought combined with premeditation and deliberation — a cold, reflective intent to kill formed before the act.
Question 2: The 'felony murder' rule imposes murder liability when a killing occurs during the commission of which type of crime?
- Any misdemeanor
- An enumerated dangerous felony (Correct answer)
- Any criminal act
- A non-violent felony only
Correct answer: An enumerated dangerous felony
Felony murder holds a defendant liable for murder if a death results during the commission of an inherently dangerous felony (such as robbery, rape, burglary, arson, or kidnapping).
Question 3: An affirmative defense of 'self-defense' generally requires that the defendant's use of force was:
- Preemptive in response to a past threat
- Proportional to an imminent threat of unlawful force (Correct answer)
- Retaliatory for a prior assault
- Authorized by law enforcement
Correct answer: Proportional to an imminent threat of unlawful force
Self-defense justifies force that is proportional to an imminent unlawful threat; deadly force is justified only in response to an imminent threat of death or serious bodily harm.
Question 4: The Sixth Amendment right to counsel attaches at what stage of a criminal proceeding?
- At the time of arrest
- At any police questioning
- At the initiation of formal adversarial proceedings (Correct answer)
- At the time charges are contemplated
Correct answer: At the initiation of formal adversarial proceedings
The Sixth Amendment right to counsel is offense-specific and attaches once formal adversarial proceedings begin, such as indictment, arraignment, or formal charge.
Question 5: Which standard of proof is required for a criminal conviction in the United States?
- Preponderance of the evidence
- Clear and convincing evidence
- Beyond a reasonable doubt (Correct answer)
- Probable cause
Correct answer: Beyond a reasonable doubt
The Due Process Clause requires the prosecution to prove every element of a criminal offense beyond a reasonable doubt, the highest standard in the legal system.
Question 6: The insanity defense under the M'Naghten rule focuses on whether the defendant:
- Lacked impulse control due to mental disease
- Did not know the nature of the act or that it was wrong due to a mental disease (Correct answer)
- Was intoxicated involuntarily
- Had diminished capacity at the time of the crime
Correct answer: Did not know the nature of the act or that it was wrong due to a mental disease
The M'Naghten test exonerates defendants who, due to a mental disease or defect, did not know the nature and quality of their act or did not know the act was wrong.
JD Criminal Law and Procedure 2
Under the common law, first-degree murder typically requires: