Multistate Bar Exam Criminal Law 4

Question 1

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?

Accepted Answer

Both lack of consent and forcible compulsion

Answer

Physical resistance by the victim establishes both lack of consent and, when the defendant overpowers her, forcible compulsion.

Question 2

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?

Accepted Answer

Yes, because asportation was complete when he moved the items

Answer

Asportation (carrying away) is satisfied by any movement of the property, however slight, with the required intent — leaving the store is not required.

Question 3

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?

Accepted Answer

No, because receiving stolen property requires the goods to actually be stolen

Answer

Receiving stolen property requires the goods to actually be stolen; if they were not, the actus reus is absent and conviction is not possible.

Question 4

A defendant is convicted of arson for burning down a vacant building he owns. Under the common law, is he guilty of arson?

Accepted Answer

No, because common law arson requires the dwelling of another

Answer

Common law arson requires the malicious burning of the dwelling of another; a person cannot commit common law arson by burning his own property.

Question 5

A defendant is charged with embezzlement after converting funds entrusted to him as treasurer of a club. Which element distinguishes embezzlement from larceny?

Accepted Answer

Lawful initial possession converted fraudulently

Answer

Embezzlement involves fraudulent conversion of property already lawfully in the defendant's possession, unlike larceny which requires a trespassory taking.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Criminal Law 4