Criminal Law and Procedure Flashcards

Under Minnesota criminal law, the mens rea standard requiring that a defendant was aware of and consciously disregarded a substantial and unjustifiable risk is:

Answer: Recklessly

Recklessness under Minnesota law involves conscious disregard of a substantial and unjustifiable risk, consistent with the Model Penal Code approach.

In Minnesota, first-degree premeditated murder requires which of the following in addition to causing death?

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.

Under Minnesota law, the defense of self-defense is available when the defendant:

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.

Under the Minnesota Rules of Criminal Procedure, a defendant in a felony case has the right to a grand jury indictment unless:

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.

In Minnesota, what is the statute of limitations for most felony offenses?

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.

Under Minnesota law, a person commits theft by false representation when they:

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.