MCOLES Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under Michigan law, what distinguishes second-degree murder from first-degree murder?
- Premeditation and deliberation are absent (Correct answer)
- The victim is a law enforcement officer
- The killing occurs during a felony
- The weapon used is not a firearm
Correct answer: Premeditation and deliberation are absent
Second-degree murder lacks the premeditation and deliberation required for first-degree murder but still involves malice aforethought.
Question 2: A suspect invokes the right to counsel during custodial interrogation. What must officers do?
- Continue questioning on unrelated crimes
- Immediately cease all questioning until counsel is present (Correct answer)
- Allow a 30-minute break then resume
- Provide a Miranda warning again and continue
Correct answer: Immediately cease all questioning until counsel is present
Under Edwards v. Arizona, once a suspect invokes the right to counsel, all interrogation must stop until an attorney is present or the suspect reinitiates contact.
Question 3: Which element is required to establish 'breaking and entering' under Michigan's burglary statute?
- The building must be occupied at the time
- Entry into a dwelling with intent to commit a felony (Correct answer)
- Use of force to gain entry
- Nighttime commission of the act
Correct answer: Entry into a dwelling with intent to commit a felony
Michigan's breaking and entering statute requires entry into a building with intent to commit a felony, misdemeanor, or larceny therein.
Question 4: What is the legal standard for a 'Terry stop' (investigative detention)?
- Probable cause to believe a crime occurred
- Reasonable articulable suspicion of criminal activity (Correct answer)
- Preponderance of evidence
- Beyond reasonable doubt
Correct answer: Reasonable articulable suspicion of criminal activity
Terry v. Ohio established that a brief investigative stop requires only reasonable articulable suspicion, a lower standard than probable cause.
Question 5: Under the Fourth Amendment, which area is considered part of the 'curtilage' of a home?
- A field 500 yards from the house
- A fenced backyard immediately adjacent to the home (Correct answer)
- A public sidewalk in front of the property
- A detached storage building on a commercial lot
Correct answer: A fenced backyard immediately adjacent to the home
Curtilage is the area immediately surrounding a home where residents have a reasonable expectation of privacy, such as an enclosed backyard.
Question 6: What is the 'plain view' doctrine in Michigan search and seizure law?
- Officers may enter any open area without a warrant
- Evidence in plain view may be seized if officers are lawfully present and incriminating nature is immediately apparent (Correct answer)
- Any item visible from a public road may be seized
- Officers may search a vehicle interior if any part of it is visible
Correct answer: Evidence in plain view may be seized if officers are lawfully present and incriminating nature is immediately apparent
The plain view doctrine allows warrantless seizure when officers are lawfully present, the item is in plain view, and its incriminating nature is immediately apparent.
Question 7: A person is charged with larceny in Michigan. Which element must the prosecution prove?
- Use of force or threat during the taking
- Taking and carrying away the property of another with intent to permanently deprive (Correct answer)
- Entry into a structure to commit the theft
- The value of property must exceed $1,000
Correct answer: Taking and carrying away the property of another with intent to permanently deprive
Larceny requires the taking and carrying away of another's property with specific intent to permanently deprive the owner of it.
MCOLES Criminal Law and Procedure 2
Under Michigan law, what distinguishes second-degree murder from first-degree murder?