LLM Criminal Law & Procedure 2

Question 1

Under the MPC's definition of recklessness, what mental state must a defendant have?

Accepted Answer

Conscious disregard of a substantial and unjustifiable risk

Answer

MPC § 2.02(2)(c) defines recklessness as consciously disregarding a substantial and unjustifiable risk that a material element of an offense exists or will result.

Question 2

Which doctrine allows a defendant's voluntary intoxication to negate specific intent but not general intent crimes?

Accepted Answer

Voluntary intoxication defense

Answer

The voluntary intoxication defense permits evidence of intoxication to negate the specific intent element of a crime but is generally unavailable for general intent offenses.

Question 3

A grand jury in federal court operates under which evidentiary standard to return an indictment?

Accepted Answer

Probable cause

Answer

A federal grand jury must find probable cause to believe the accused committed the charged offense before returning a true bill of indictment.

Question 4

Under Batson v. Kentucky, if a defendant makes a prima facie showing of racially discriminatory use of peremptory challenges, the burden shifts to whom?

Accepted Answer

The prosecution to provide a race-neutral explanation

Answer

After a Batson prima facie showing, the prosecution must articulate a race-neutral justification for each challenged strike, which the court then evaluates for pretext.

Question 5

The corpus delicti rule requires which of the following before a defendant's confession may be used?

Accepted Answer

Independent corroborating evidence that a crime occurred

Answer

The corpus delicti rule prohibits conviction based solely on a confession; the prosecution must independently establish that the crime actually occurred.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Criminal Law & Procedure 2