Multistate Bar Exam Criminal Law 5

Question 1

A defendant, acting as an accessory before the fact, helps plan a robbery but is not present when it occurs. Under modern law, what is his liability?

Accepted Answer

He is liable as a principal to the same extent as those who committed the robbery

Answer

Modern law abolishes the distinction between principals and accessories before the fact; all who aid, abet, or counsel are liable as principals.

Question 2

A defendant honestly and reasonably believed he was about to be attacked and killed a person who turned out to be an innocent bystander. Under the MPC, is imperfect self-defense available?

Accepted Answer

Yes, the honest belief is a complete defense under the MPC

Answer

Under the MPC, an honest but mistaken belief in the need for self-defense is a complete defense if the belief was reasonable; if unreasonable, it may reduce but not eliminate liability.

Question 3

A defendant is prosecuted for murder under the year-and-a-day rule after the victim dies 14 months after being stabbed. Under the common law, can the defendant be convicted of murder?

Accepted Answer

No, because death occurred more than one year and one day after the act

Answer

At common law, a defendant could not be convicted of homicide if the victim died more than one year and one day after the defendant's act.

Question 4

A defendant is entrapped by a government agent who repeatedly persuades a previously law-abiding person to sell drugs. Which entrapment test focuses on the defendant's predisposition?

Accepted Answer

The subjective test (majority federal rule)

Answer

The subjective test, used by most federal courts, focuses on whether the defendant was predisposed to commit the crime before government inducement.

Question 5

A defendant, acting under a delusion that God commanded him to kill, kills his neighbor. He knew the act was killing but believed it was morally right. Under the M'Naghten test, is he legally insane?

Accepted Answer

Yes, because he did not know the act was wrong

Answer

Under M'Naghten, a defendant is insane if, due to mental disease, he did not know that his act was wrong — believing God commanded it means he did not appreciate its wrongfulness.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Criminal Law 5