MTA Criminal Law 4 — Questions and Answers
Question 1: Under the common law, which of the following crimes required specific intent?
- Battery
- Manslaughter
- Burglary (Correct answer)
- Rape
Correct answer: Burglary
Burglary is a specific intent crime because it requires intent to commit a crime inside the structure at the time of unlawful entry.
Question 2: A police officer uses force to subdue a combative suspect. To be legally justified, that force must be:
- Proportional to the threat presented (Correct answer)
- Approved by a supervisor in advance
- Documented within one hour
- Limited to open-hand techniques only
Correct answer: Proportional to the threat presented
The Fourth Amendment and Graham v. Connor require that force used by officers be objectively reasonable and proportional to the threat faced.
Question 3: The mens rea element of 'recklessness' under the MPC requires that the defendant:
- Intend the harmful result
- Be aware of and consciously disregard a substantial and unjustifiable risk (Correct answer)
- Fail to perceive a risk an ordinary person would notice
- Know that harm is practically certain to result
Correct answer: Be aware of and consciously disregard a substantial and unjustifiable risk
Recklessness requires conscious disregard of a substantial and unjustifiable risk — the defendant is aware of the risk but proceeds anyway.
Question 4: A person threatens to expose embarrassing photos of a coworker unless the coworker pays $500. This is an example of:
- Robbery
- Extortion (blackmail) (Correct answer)
- Fraud
- Coercion
Correct answer: Extortion (blackmail)
Extortion (blackmail) involves obtaining property through threats of harm, exposure, or other adverse consequences — force on the person is not required.
Question 5: Which of the following statements about accomplice liability is correct?
- An accomplice must be present at the scene of the crime
- An accomplice can be held liable only for crimes they personally planned
- An accomplice is liable for the crimes of the principal if they aided or encouraged them (Correct answer)
- An accomplice cannot be charged with a more serious offense than the principal
Correct answer: An accomplice is liable for the crimes of the principal if they aided or encouraged them
Accomplice liability attaches when a person aids, abets, or encourages a principal offender — physical presence at the scene is not required.
Question 6: Which element is required to prove criminal conspiracy?
- Completion of the target crime
- An agreement between two or more persons to commit a crime (Correct answer)
- A written plan detailing the criminal acts
- Payment exchanged between conspirators
Correct answer: An agreement between two or more persons to commit a crime
Conspiracy requires an agreement between two or more persons to commit an unlawful act; many jurisdictions also require an overt act in furtherance.
Question 7: A suspect is arrested and tells police they want a lawyer. Officers continue questioning without providing counsel. Any statement obtained is likely:
- Admissible if the statement was voluntary
- Inadmissible under the Fifth and Sixth Amendment as established in Miranda (Correct answer)
- Admissible because they were already under arrest
- Inadmissible only in federal court
Correct answer: Inadmissible under the Fifth and Sixth Amendment as established in Miranda
Once a suspect invokes the right to counsel, all questioning must cease; any statement obtained in violation of this rule is suppressed under Miranda.
MTA Criminal Law 4
Under the common law, which of the following crimes required specific intent?