MD Bar MD Bar Criminal Law 2 — Questions and Answers
Question 1: Under Maryland law, which element distinguishes robbery from larceny?
- The value of the property taken
- The use of force or intimidation against the victim (Correct answer)
- The intent of the perpetrator
- The type of property taken
Correct answer: The use of force or intimidation against the victim
Robbery requires the taking of property directly from a person by force or intimidation, which is the element larceny lacks.
Question 2: In Maryland, what mental state is required for voluntary manslaughter?
- Premeditation and deliberation
- Malice aforethought
- Intentional killing in the heat of passion after adequate provocation (Correct answer)
- Criminal negligence
Correct answer: Intentional killing in the heat of passion after adequate provocation
Voluntary manslaughter is an intentional killing that occurs in the heat of passion following adequate provocation, which mitigates culpability.
Question 3: Under Maryland common law, which element is NOT part of common law burglary?
- Breaking and entering
- A dwelling house
- Nighttime
- Intent to commit theft specifically (Correct answer)
Correct answer: Intent to commit theft specifically
Common law burglary requires intent to commit any felony inside the dwelling, not theft specifically.
Question 4: In Maryland, what distinguishes assault from battery?
- Battery requires intent to harm; assault does not
- Assault is an attempted or threatened battery; battery is a completed harmful touching (Correct answer)
- Assault requires physical contact; battery does not
- Battery involves only deadly weapons; assault involves threats
Correct answer: Assault is an attempted or threatened battery; battery is a completed harmful touching
Assault is the apprehension or attempted harmful/offensive contact, while battery is the actual completed harmful or offensive touching.
Question 5: Under Maryland's 'castle doctrine,' which statement is correct?
- A defendant has no duty to retreat before using deadly force in their home (Correct answer)
- A defendant must always attempt retreat before using any force
- A defendant may use deadly force whenever threatened in any location
- A defendant may only use force if outnumbered
Correct answer: A defendant has no duty to retreat before using deadly force in their home
Maryland's castle doctrine holds that a person has no duty to retreat before using deadly force when attacked in their own home.
Question 6: Under Maryland law, which crime is typically classified as a misdemeanor rather than a felony?
- First-degree assault
- Robbery
- Simple (second-degree) assault (Correct answer)
- Burglary
Correct answer: Simple (second-degree) assault
Simple (second-degree) assault without aggravating factors is generally classified as a misdemeanor in Maryland.
MD Bar MD Bar Criminal Law 2
Under Maryland law, which element distinguishes robbery from larceny?