MO Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Missouri law, which mental state is required for first-degree murder?
- Negligence
- Recklessness
- Knowingly
- Deliberation and premeditation (Correct answer)
Correct answer: Deliberation and premeditation
Missouri first-degree murder requires that the defendant deliberately and premeditatedly killed the victim, reflecting a specific, formed intent to kill.
Question 2: Which defense claims the defendant lacked the mental capacity to understand the nature and wrongfulness of the act at the time of the offense?
- Voluntary intoxication
- Insanity defense (Correct answer)
- Diminished capacity
- Automatism
Correct answer: Insanity defense
The insanity defense in Missouri follows the M'Naghten standard, excusing a defendant who, due to mental disease, could not understand the nature or wrongfulness of the act.
Question 3: Miranda warnings are required before custodial interrogation. Which is NOT one of the four Miranda warnings?
- Right to remain silent
- Anything said can be used against you in court
- Right to an attorney
- Right to a jury trial (Correct answer)
Correct answer: Right to a jury trial
Miranda warnings cover the right to silence, use of statements against the suspect, right to an attorney, and appointment of counsel if indigent—not the right to a jury trial.
Question 4: Which Missouri statute of limitations applies to most felony offenses?
- 1 year
- 3 years (Correct answer)
- 5 years
- No limitation for felonies
Correct answer: 3 years
Under Missouri law, most felony prosecutions must be commenced within three years of the offense, though serious offenses like Class A felonies may have longer periods.
Question 5: Under Missouri law, which level of intent is required for the crime of assault in the first degree?
- Negligently
- Recklessly
- Knowingly
- With serious purpose of causing serious physical injury (Correct answer)
Correct answer: With serious purpose of causing serious physical injury
Missouri first-degree assault requires that the defendant attempted to kill or knowingly caused or attempted to cause serious physical injury to another person.
Question 6: Which doctrine imposes criminal liability on a defendant for the natural and probable consequences of a conspiracy?
- Accomplice liability
- Pinkerton liability (Correct answer)
- Strict liability
- Vicarious liability
Correct answer: Pinkerton liability
Under Pinkerton v. United States, a co-conspirator can be held liable for substantive crimes committed by other conspirators in furtherance of the conspiracy.
MO Bar Criminal Law and Procedure 1
Under Missouri law, which mental state is required for first-degree murder?