OK Bar Criminal Law

Question 1

Dan intends to kill Victor. Dan fires a gun at Victor but misses and instead kills Wendy, a bystander. Under the doctrine of transferred intent, Dan is most likely guilty of:

Accepted Answer

Murder of Wendy, because his intent to kill Victor transfers to Wendy

Answer

Under the doctrine of transferred intent, when a defendant intends to commit a crime against one person but accidentally harms another, the intent transfers to the actual victim. Dan's intent to kill Victor transfers to Wendy, making him guilty of her murder. He may also be liable for attempted murder of Victor.

Question 2

Which of the following best describes the mens rea element of 'recklessness' under the Model Penal Code?

Accepted Answer

The actor consciously disregards a substantial and unjustifiable risk of which he is aware

Answer

Under MPC § 2.02(2)(c), a person acts recklessly when he consciously disregards a substantial and unjustifiable risk. The subjective awareness of the risk distinguishes recklessness from negligence (where the actor is unaware but should have been). Purpose requires a conscious goal; knowledge requires awareness of practical certainty.

Question 3

Paula breaks into a warehouse at night intending to steal electronics. She is surprised by a security guard and, fearing arrest, strikes him with her fist, breaking his nose. Paula is most likely guilty of:

Accepted Answer

Burglary and battery, because these are separate offenses committed at separate times

Answer

Robbery requires force or intimidation used to take property from a person. Here, Paula had already entered and begun a theft (burglary), and the later force was not used to take property from the guard — it was used to escape. Burglary was complete at entry with intent to steal, and the strike on the guard constitutes battery (harmful contact). Robbery does not apply because the force was not used 'in the course of' taking property.

Question 4

Art and Ben agree to rob a bank. Art purchases a getaway car, and Ben scouts the bank's layout. Before any robbery attempt, they are arrested. At common law, which crime have Art and Ben committed?

Accepted Answer

Conspiracy, because they agreed to commit a crime and at least one took an overt act in furtherance

Answer

Conspiracy at common law requires (1) an agreement between two or more persons (2) to commit an unlawful act. Many jurisdictions also require an overt act in furtherance — purchasing the car and scouting the bank both qualify. Unlike attempt, conspiracy is complete upon the agreement plus overt act, and no nearness to completion of the target crime is required.

Question 5

Donna is charged with first-degree murder. She claims she acted in self-defense. Under the majority rule, which of the following is required for a valid self-defense claim?

Accepted Answer

The defendant must have an honest and reasonable belief that deadly force was immediately necessary to prevent death or serious bodily harm, and the threat must not be the defendant's fault

Answer

Under the majority rule, self-defense requires: (1) an honest and reasonable (objective) belief that (2) deadly force was immediately necessary (3) to prevent imminent death or serious bodily harm, and (4) the defendant was not the initial aggressor. The 'retreat' rule is the minority position; most jurisdictions allow standing one's ground if otherwise entitled to be there.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Criminal Law