OR Bar Criminal Law 2 — Questions and Answers
Question 1: Under common law, which mental state distinguishes first-degree murder from second-degree murder?
- Malice aforethought
- Premeditation and deliberation (Correct answer)
- Specific intent to kill
- Recklessness
Correct answer: Premeditation and deliberation
First-degree murder requires premeditation and deliberation in addition to malice aforethought, separating it from second-degree murder.
Question 2: A defendant shoots into a crowd intending to kill one person but kills another. Under transferred intent, the defendant is:
- Not guilty because he lacked intent to kill the actual victim
- Guilty of murder for the unintended victim's death (Correct answer)
- Guilty only of attempted murder of the intended target
- Liable only for negligent homicide
Correct answer: Guilty of murder for the unintended victim's death
Under the doctrine of transferred intent, criminal intent transfers from the intended target to the actual victim, supporting a murder conviction.
Question 3: Which element is NOT required for voluntary manslaughter?
- Killing in the heat of passion
- Adequate provocation by the victim
- Insufficient cooling time between provocation and killing
- Premeditation and deliberation (Correct answer)
Correct answer: Premeditation and deliberation
Voluntary manslaughter specifically lacks premeditation and deliberation; it is a killing in the heat of passion after adequate provocation.
Question 4: For felony murder liability to attach, the killing must be:
- Intentional by the defendant
- The natural and probable result of the underlying felony (Correct answer)
- Committed personally by the defendant
- Premeditated by at least one co-felon
Correct answer: The natural and probable result of the underlying felony
Felony murder applies when death is a natural and probable consequence of the commission of the underlying felony.
Question 5: A defendant punches a victim intending only minor injury, but the victim dies. Under the MPC, the most likely charge is:
- Purposeful murder
- Knowing murder
- Reckless homicide manifesting extreme indifference to human life (Correct answer)
- Negligent homicide
Correct answer: Reckless homicide manifesting extreme indifference to human life
Under the MPC, a reckless killing manifesting extreme indifference to human life constitutes murder even without specific intent to kill.
Question 6: Self-defense with deadly force is justified only when the defendant has:
- Any fear of the victim
- A reasonable belief of imminent death or serious bodily harm (Correct answer)
- Suffered a prior attack by the same victim
- Made every effort to retreat first
Correct answer: A reasonable belief of imminent death or serious bodily harm
Self-defense with deadly force requires a reasonable belief that the threat of death or serious bodily harm is imminent.
Question 7: At common law, the 'year and a day' rule provides that:
- Murder charges must be filed within one year and one day of the act
- A homicide prosecution is barred if the victim dies more than a year and a day after the defendant's act (Correct answer)
- All felonies have a one-year-and-one-day statute of limitations
- A suspect must be arrested within a year and a day
Correct answer: A homicide prosecution is barred if the victim dies more than a year and a day after the defendant's act
The common law year-and-a-day rule barred homicide prosecution if the victim survived for more than a year and a day following the defendant's act.
OR Bar Criminal Law 2
Under common law, which mental state distinguishes first-degree murder from second-degree murder?