MN Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Minnesota criminal law, the mens rea standard requiring that a defendant was aware of and consciously disregarded a substantial and unjustifiable risk is:
- Purposely
- Knowingly
- Recklessly (Correct answer)
- Negligently
Correct answer: Recklessly
Recklessness under Minnesota law involves conscious disregard of a substantial and unjustifiable risk, consistent with the Model Penal Code approach.
Question 2: In Minnesota, first-degree premeditated murder requires which of the following in addition to causing death?
- Use of a firearm
- Prior felony conviction
- Premeditation and intent to cause death (Correct answer)
- Commission during a robbery only
Correct answer: Premeditation and intent to cause death
Under Minn. Stat. § 609.185, first-degree murder requires causing death with premeditation and with intent to cause death.
Question 3: Under Minnesota law, the defense of self-defense is available when the defendant:
- Was the initial aggressor in the confrontation
- Reasonably believed force was necessary to prevent imminent harm (Correct answer)
- Used deadly force in response to any threat
- Had retreated before using force in all circumstances
Correct answer: Reasonably believed force was necessary to prevent imminent harm
Minnesota's self-defense statute permits use of reasonable force when the defendant reasonably believed it was necessary to prevent imminent bodily harm.
Question 4: Under the Minnesota Rules of Criminal Procedure, a defendant in a felony case has the right to a grand jury indictment unless:
- The defendant waives indictment
- The charge is punishable by more than 10 years
- The prosecutor files an information and the defendant waives the right (Correct answer)
- The case involves a victim under 18
Correct answer: The prosecutor files an information and the defendant waives the right
Under Minn. R. Crim. P. 17, felony defendants in Minnesota may waive grand jury indictment, allowing the prosecutor to proceed by complaint or information.
Question 5: In Minnesota, what is the statute of limitations for most felony offenses?
- 2 years
- 3 years (Correct answer)
- 5 years
- 7 years
Correct answer: 3 years
Under Minn. Stat. § 628.26, most felonies in Minnesota must be prosecuted within three years of the offense, with longer periods for specific crimes.
Question 6: Under Minnesota law, a person commits theft by false representation when they:
- Use physical force to take property
- Intentionally obtain property by making a false statement (Correct answer)
- Receive stolen property knowing it is stolen
- Destroy property belonging to another
Correct answer: Intentionally obtain property by making a false statement
Minnesota's theft by false representation under Minn. Stat. § 609.52 involves intentionally obtaining property or services through a false representation.
MN Bar Criminal Law and Procedure 1
Under Minnesota criminal law, the mens rea standard requiring that a defendant was aware of and consciously disregarded a substantial and unjustifiable risk is: