MTA Criminal Law 3 — Questions and Answers
Question 1: A person who intentionally sets fire to their own insured building to collect insurance money has committed:
- Fraud only
- Arson and insurance fraud (Correct answer)
- Criminal mischief
- Vandalism
Correct answer: Arson and insurance fraud
Arson applies regardless of ownership in most jurisdictions when committed for an unlawful purpose, and setting fire for insurance money also constitutes insurance fraud.
Question 2: Voluntary manslaughter differs from murder primarily because:
- No weapon was used
- The killing occurred in the heat of passion with adequate provocation (Correct answer)
- The victim consented to the act
- The defendant was intoxicated
Correct answer: The killing occurred in the heat of passion with adequate provocation
Voluntary manslaughter is an intentional killing that would otherwise be murder, mitigated by heat of passion triggered by legally adequate provocation.
Question 3: Under the felony murder rule, a defendant can be held liable for murder when:
- A co-felon is killed by police during the felony
- A death occurs during the commission of an inherently dangerous felony (Correct answer)
- The defendant intended only to injure, not kill
- The victim had a pre-existing medical condition
Correct answer: A death occurs during the commission of an inherently dangerous felony
Felony murder holds defendants liable for any death that occurs during the commission of an inherently dangerous felony, even without intent to kill.
Question 4: An attempt crime is generally punishable if the defendant has:
- Only formed the intent to commit the crime
- Taken a substantial step toward committing the crime (Correct answer)
- Completed all but the final act of the crime
- Communicated their plan to another person
Correct answer: Taken a substantial step toward committing the crime
Under the MPC substantial-step test, attempt liability attaches when the defendant takes a meaningful overt act toward completion of the target crime.
Question 5: Which of the following is NOT a required element of larceny?
- Taking and carrying away
- Personal property of another
- Use of force or threat (Correct answer)
- Intent to permanently deprive
Correct answer: Use of force or threat
Larceny requires taking, carrying away, personal property of another, and intent to permanently deprive — force or threat is not required and distinguishes robbery.
Question 6: A defendant claims they were home asleep when the crime occurred. This is an example of a(n):
- Affirmative defense
- Alibi defense (Correct answer)
- Justification defense
- Excuse defense
Correct answer: Alibi defense
An alibi defense asserts that the defendant was elsewhere at the time of the crime and therefore could not have committed it.
Question 7: Which of the following best describes the concept of 'actus reus'?
- The guilty mind required for a crime
- The voluntary physical act or omission that constitutes the criminal conduct (Correct answer)
- The harm suffered by the victim
- The causal link between conduct and harm
Correct answer: The voluntary physical act or omission that constitutes the criminal conduct
Actus reus refers to the physical element of a crime — the voluntary act, omission, or possession that the law prohibits.
MTA Criminal Law 3
A person who intentionally sets fire to their own insured building to collect insurance money has committed: