Lawyer Criminal Law & Procedure

Question 1

What are the two essential elements that must be proven for most crimes?

Accepted Answer

Actus reus (guilty act) and mens rea (guilty mind)

Answer

Motive and opportunity

Answer

Premeditation and deliberation

Answer

Causation and damages

Question 2

Under the Model Penal Code, what level of mens rea is satisfied by 'conscious disregard of a substantial risk'?

Accepted Answer

Recklessness

Answer

Negligence

Answer

Knowledge

Answer

Purpose

Question 3

What distinguishes first-degree murder from second-degree murder in most US jurisdictions?

Accepted Answer

Premeditation and deliberation

Answer

The identity of the victim

Answer

Whether a weapon was used

Answer

Whether the defendant had prior convictions

Question 4

What is the legal standard for an insanity defense under the M'Naghten rule?

Accepted Answer

The defendant did not know the nature of the act or did not know it was wrong

Answer

The defendant was unable to control their actions due to mental illness

Answer

The defendant had a mental disease that caused the criminal act

Answer

The defendant was diagnosed with a DSM disorder at the time of the act

Question 5

What is 'felony murder' in US criminal law?

Accepted Answer

A killing that occurs during the commission of a dangerous felony is treated as murder

Answer

Murder committed against a law enforcement officer

Answer

Any homicide committed with a deadly weapon

Answer

Murder committed for financial gain

Question 6

What does 'beyond a reasonable doubt' mean as the burden of proof in criminal cases?

Accepted Answer

The prosecution must prove each element of the crime to a near-certainty, leaving no reasonable uncertainty of guilt

Answer

The prosecution must provide witnesses for each element of the crime

Answer

The defense must provide some doubt about every element

Answer

The judge must personally believe the defendant is guilty