OR Bar Criminal Law 2

Question 1

Under common law, which mental state distinguishes first-degree murder from second-degree murder?

Accepted Answer

Premeditation and deliberation

Answer

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:

Accepted Answer

Guilty of murder for the unintended victim's death

Answer

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?

Accepted Answer

Premeditation and deliberation

Answer

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:

Accepted Answer

The natural and probable result of the underlying felony

Answer

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:

Accepted Answer

Reckless homicide manifesting extreme indifference to human life

Answer

Under the MPC, a reckless killing manifesting extreme indifference to human life constitutes murder even without specific intent to kill.

(OR Bar) Oregon Bar Exam Practice Test