MCOLES Substantive Criminal Law 4 — Questions and Answers
Question 1: Which of the following is an element of extortion under Michigan law?
- Taking property with force from a person's immediate presence
- Obtaining property through threat of future harm or exposure of damaging information (Correct answer)
- Depriving someone of property through deception about past facts
- Receiving stolen property knowing it was taken illegally
Correct answer: Obtaining property through threat of future harm or exposure of damaging information
Extortion involves obtaining property or compliance through threats of future harm, damage to reputation, or other coercive threats.
Question 2: A suspect is charged with 'receiving and concealing stolen property.' Which element is essential for conviction?
- The suspect must have stolen the property themselves
- The suspect must have known or had reason to know the property was stolen (Correct answer)
- The property must be worth more than $1,000
- The suspect must have intended to resell the property
Correct answer: The suspect must have known or had reason to know the property was stolen
To convict of receiving stolen property, the prosecution must prove the defendant knew or had reason to know the property was stolen when receiving it.
Question 3: Under Michigan law, which best describes the crime of stalking?
- A single threatening communication
- A willful course of conduct involving repeated harassment that causes a reasonable person to feel terrorized or threatened (Correct answer)
- Following a person on one occasion
- Sending unwanted mail on two occasions
Correct answer: A willful course of conduct involving repeated harassment that causes a reasonable person to feel terrorized or threatened
Michigan's stalking statute requires a course of conduct — repeated harassment — that would cause a reasonable person to feel terrorized, frightened, or threatened.
Question 4: The 'year and a day' rule in traditional murder law:
- Requires the victim die within a year and a day of the harmful act for murder charges (Correct answer)
- Bars prosecution after a year and a day from the crime
- Sets the minimum sentence for first-degree murder
- Defines the statute of limitations for all violent crimes
Correct answer: Requires the victim die within a year and a day of the harmful act for murder charges
The common law year-and-a-day rule required the victim to die within a year and a day of the act; Michigan has largely abandoned this rule by statute.
Question 5: Which scenario best illustrates 'criminal negligence'?
- Deliberately shooting at a crowd
- Failing to notice a risk that a reasonable person would have recognized, resulting in serious harm (Correct answer)
- Consciously ignoring a known fire hazard
- Intentionally failing to warn of a danger to cause harm
Correct answer: Failing to notice a risk that a reasonable person would have recognized, resulting in serious harm
Criminal negligence involves a gross failure to perceive a substantial risk — a deviation from reasonable care so serious it warrants criminal liability.
Question 6: Michigan's statute on carrying a concealed weapon (CCW) without a license is a:
- Civil infraction
- Misdemeanor punishable by up to 90 days
- Felony (Correct answer)
- Wobbler that depends on prior record
Correct answer: Felony
Carrying a concealed pistol without a license is a felony under MCL 750.227, punishable by up to 5 years imprisonment.
Question 7: A person is charged with 'criminal sexual conduct in the first degree' in Michigan. Which factor could elevate CSC to first degree?
- The offense occurred in a public place
- The victim suffered psychological trauma only
- The defendant used a weapon or caused personal injury during the sexual act (Correct answer)
- The defendant had a prior misdemeanor conviction
Correct answer: The defendant used a weapon or caused personal injury during the sexual act
CSC first degree can be charged when the defendant used a weapon, was armed with a dangerous weapon, or caused personal injury to the victim during the sexual act.
MCOLES Substantive Criminal Law 4
Which of the following is an element of extortion under Michigan law?