MD Bar Criminal Law Flashcards

Under Maryland law, what mens rea is required for first-degree murder?

Answer: Premeditation and deliberation

Maryland first-degree murder requires a willful, deliberate, and premeditated killing.

In Maryland, which defense can completely negate criminal liability for an otherwise criminal act?

Answer: Insanity

Maryland recognizes the insanity defense, which can completely negate criminal liability when a defendant lacked substantial capacity to appreciate criminality.

Under Maryland law, what is the standard for probable cause to arrest without a warrant?

Answer: Facts sufficient to warrant a prudent person to believe a crime was committed

Probable cause requires facts sufficient to warrant a prudent person to believe the suspect committed or is committing a crime.

Which of the following crimes requires proof of specific intent under Maryland law?

Answer: Burglary

Burglary requires the specific intent to commit a crime inside the dwelling at the time of entry.

Under Maryland law, the felony murder rule applies when a killing occurs during the commission of which type of felony?

Answer: An inherently dangerous felony

Maryland's felony murder rule applies when a death results from the commission of an inherently dangerous felony.

In Maryland, what is the Double Jeopardy Clause's primary protection in criminal proceedings?

Answer: Protection against being tried twice for the same offense after acquittal or conviction

The Double Jeopardy Clause protects defendants from being prosecuted a second time for the same offense following a final judgment.