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Substantive Criminal Law Flashcards

7 cards from real MCOLES practice questions. Tap to flip, then mark Knew It or Still Learning โ€” missed cards come back until you master them.

Read the first 7 Substantive Criminal Law flashcards as text
  1. Under Michigan law, which mental state is required for second-degree murder?

    Answer: Malice aforethought without premeditation

    Second-degree murder requires malice aforethought but lacks the premeditation and deliberation elements required for first-degree murder.

  2. A person who provides transportation for a robber before the crime, knowing it will be used for that purpose, is most likely guilty of:

    Answer: Aiding and abetting

    Providing assistance before or during a crime with knowledge of its purpose makes one an aider and abettor, equally liable as the principal.

  3. Michigan's felony murder rule applies when a death occurs during which of the following?

    Answer: Specifically enumerated felonies such as robbery, burglary, or arson

    Michigan's felony murder statute applies only when a death occurs during the commission of specific enumerated felonies listed in MCL 750.316.

  4. The crime of assault under Michigan law requires:

    Answer: An attempt or threat to commit a battery with present ability

    Michigan assault is an attempt or offer to commit a battery coupled with the present ability to do so, without requiring actual contact.

  5. Which element distinguishes larceny from embezzlement?

    Answer: How the offender originally obtained lawful possession

    Embezzlement involves fraudulent conversion of property by someone who lawfully possessed it initially, while larceny involves taking without any lawful possession.

  6. Under Michigan law, a person uses 'deadly force' in self-defense. When is this legally justified?

    Answer: When the person reasonably believes it is necessary to prevent imminent death or great bodily harm

    Michigan's self-defense statute justifies deadly force when the person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another.

  7. What is 'specific intent' in criminal law?

    Answer: The intent to bring about a specific result beyond the act itself

    Specific intent requires that the defendant intended not just to perform the act but also to achieve a particular result, such as intent to steal in larceny.