MCOLES Substantive Criminal Law 5 — Questions and Answers
Question 1: Under Michigan law, which is TRUE about the crime of arson?
- Arson requires that the fire cause total destruction of the structure
- Arson of a dwelling is a higher-degree offense than arson of other structures (Correct answer)
- Only nighttime fires qualify as arson
- Arson requires proof of financial motive
Correct answer: Arson of a dwelling is a higher-degree offense than arson of other structures
Michigan classifies arson of a dwelling house as first-degree arson, the most serious degree, recognizing the heightened danger to human life.
Question 2: An officer observes a driver swerve and stop; the driver admits to taking prescription medication that impaired driving. The driver may be charged with OWI because:
- Only illegal drugs qualify for OWI charges
- Michigan OWI covers impairment by any substance, including lawfully prescribed medication (Correct answer)
- The officer must first obtain a blood test before any charge is valid
- Prescription drug impairment is only a civil infraction in Michigan
Correct answer: Michigan OWI covers impairment by any substance, including lawfully prescribed medication
Michigan's OWI statute applies to impairment by any substance — alcohol, illegal drugs, or lawfully prescribed medication — if it renders the driver incapable of operating safely.
Question 3: Which principle holds that an accused cannot be convicted of a crime that was legally impossible to commit?
- Factual impossibility defense
- Legal impossibility defense (Correct answer)
- Entrapment defense
- Mistake of law defense
Correct answer: Legal impossibility defense
Legal impossibility is a defense when the completed act, even if done as planned, would not constitute a crime — the law simply does not prohibit what was attempted.
Question 4: A Michigan officer arrests a suspect for retail fraud. What is the distinguishing element of retail fraud (shoplifting) versus larceny?
- Retail fraud requires force or intimidation
- Retail fraud specifically covers theft from a retail establishment and may involve altering price tags or concealing merchandise (Correct answer)
- Retail fraud applies only to thefts over $1,000
- Retail fraud requires proof of intent to sell the stolen goods
Correct answer: Retail fraud specifically covers theft from a retail establishment and may involve altering price tags or concealing merchandise
Michigan's retail fraud statute targets theft from merchants including concealing merchandise, altering price tags, or switching containers — acts specific to retail settings.
Question 5: What does the 'actus reus' requirement mean in criminal law?
- The guilty mind behind the crime
- A voluntary physical act, omission where there is a duty, or possession that constitutes the crime (Correct answer)
- The motive for committing the crime
- The plan formed prior to committing the crime
Correct answer: A voluntary physical act, omission where there is a duty, or possession that constitutes the crime
Actus reus is the physical or external element of the crime — the voluntary act, criminal omission, or possession that the law prohibits.
Question 6: Under Michigan law, home invasion in the first degree differs from breaking and entering primarily because:
- Home invasion requires entry at night only
- Home invasion requires that another person was present or the defendant was armed at the time of entry (Correct answer)
- Home invasion applies only to commercial structures
- Home invasion requires that property was actually taken
Correct answer: Home invasion requires that another person was present or the defendant was armed at the time of entry
First-degree home invasion requires that the defendant was armed with a dangerous weapon or that another person was lawfully present in the dwelling at the time.
Question 7: Which of the following is the best example of 'conspiracy' under Michigan law?
- One person planning a robbery alone
- Two persons agreeing to commit a felony and one takes an overt act toward that goal (Correct answer)
- A person attempting to commit a crime but failing
- A person encouraging another to commit a crime without any agreement
Correct answer: Two persons agreeing to commit a felony and one takes an overt act toward that goal
Conspiracy requires an agreement between two or more persons to commit a crime, and Michigan also requires at least one overt act in furtherance of that agreement.
MCOLES Substantive Criminal Law 5
Under Michigan law, which is TRUE about the crime of arson?