Multistate Bar Exam Criminal Law 2

Question 1

A defendant breaks into a house at night intending to commit battery on the occupant. The occupant is not home. Under common law, is the defendant guilty of burglary?

Accepted Answer

Yes, because all elements of burglary are satisfied

Answer

No, because the occupant must be present for burglary

Answer

No, because battery is not a felony at common law

Answer

Yes, only if the defendant actually commits the battery

Question 2

A driver, texting while driving, runs a red light and kills a pedestrian. Which mens rea is most accurately reflected in the driver's conduct?

Accepted Answer

Reckless

Answer

Purposeful

Answer

Knowing

Answer

Negligent

Question 3

A defendant is charged with felony murder after his accomplice accidentally discharged a gun while robbing a store, killing a bystander. The defendant was outside as a lookout. Is he liable for felony murder?

Accepted Answer

Yes, because the killing occurred during commission of the felony

Answer

No, because he did not personally fire the gun

Answer

No, because the discharge was accidental

Answer

Yes, only if he knew the accomplice was armed

Question 4

A statute makes it a crime to 'possess a controlled substance.' A defendant found with heroin argues she did not know the substance was illegal. Does her ignorance of the law negate guilt?

Accepted Answer

No, because ignorance of the law is generally not a defense

Answer

Yes, because she lacked mens rea

Answer

Yes, if she reasonably believed it was legal

Answer

No, only if the crime is a strict liability offense

Question 5

A defendant points an unloaded gun at a victim who does not know the gun is unloaded, causing the victim to fear imminent harm. Is the defendant guilty of assault?

Accepted Answer

Yes, because the victim reasonably feared imminent harmful contact

Answer

No, because an unloaded gun cannot cause harm

Answer

No, because there was no actual ability to cause harm

Answer

Yes, only if the defendant intended to fire the gun

Question 6

A man kills his wife after discovering her in bed with another man. He acts immediately in the heat of passion. Which doctrine may reduce his charge from murder to voluntary manslaughter?

Accepted Answer

Provocation doctrine

Answer

Diminished capacity doctrine

Answer

Felony murder rule

Answer

Transferred intent doctrine

Question 7

A defendant agrees with two others to rob a bank. Before any overt act is taken, the defendant withdraws and informs the police. Under the MPC, has the defendant effectively withdrawn from the conspiracy?

Accepted Answer

Yes, because he withdrew before any overt act

Answer

No, because withdrawal is never a defense to conspiracy under the MPC

Answer

Yes, but only if the others also withdraw

Answer

No, because he already agreed to the plan