Criminal Law Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law flashcards as text
A defendant is charged with rape under a statute requiring 'forcible compulsion.' The victim physically resisted but the defendant overpowered her. Which element of rape does this scenario clearly satisfy?
Answer: Both lack of consent and forcible compulsion
Physical resistance by the victim establishes both lack of consent and, when the defendant overpowers her, forcible compulsion.
A defendant enters a store, places merchandise in his coat, and walks to the exit. Before he leaves, store security stops him. Is he guilty of larceny?
Answer: Yes, because asportation was complete when he moved the items
Asportation (carrying away) is satisfied by any movement of the property, however slight, with the required intent — leaving the store is not required.
A defendant receives stolen goods knowing they are stolen. He is charged with receiving stolen property. Later, the goods are proven to not have been stolen. Can the defendant be convicted?
Answer: No, because receiving stolen property requires the goods to actually be stolen
Receiving stolen property requires the goods to actually be stolen; if they were not, the actus reus is absent and conviction is not possible.
A defendant is convicted of arson for burning down a vacant building he owns. Under the common law, is he guilty of arson?
Answer: No, because common law arson requires the dwelling of another
Common law arson requires the malicious burning of the dwelling of another; a person cannot commit common law arson by burning his own property.
A defendant is charged with embezzlement after converting funds entrusted to him as treasurer of a club. Which element distinguishes embezzlement from larceny?
Answer: Lawful initial possession converted fraudulently
Embezzlement involves fraudulent conversion of property already lawfully in the defendant's possession, unlike larceny which requires a trespassory taking.
A defendant threatens to expose embarrassing (but legal) information about a victim unless paid $5,000, and the victim pays. The defendant is charged with extortion. Is the threat to reveal legal information sufficient for extortion?
Answer: Yes, because extortion covers threats to expose any information to obtain property
Extortion (blackmail) covers threats to expose any information — criminal or embarrassing but legal — made to obtain money or property from the victim.
A defendant kills his terminally ill spouse at her repeated request to end her suffering. Which crime is he most likely guilty of under common law?
Answer: Murder
At common law, consent is not a defense to homicide; an intentional killing is murder regardless of the victim's request.