PA Bar Criminal Law and Procedure

Question 1

Under the Pennsylvania Crimes Code (18 Pa. C.S.), which mens rea element requires that a person consciously disregards a substantial and unjustifiable risk?

Accepted Answer

Recklessly

Answer

Purposely

Answer

Knowingly

Answer

Negligently

Question 2

Pennsylvania defines first-degree murder as an intentional killing, but also includes which other category?

Accepted Answer

A killing by poison, lying in wait, or by any other willful, deliberate, and premeditated means

Answer

Any killing during the commission of a felony

Answer

A killing caused by extreme recklessness

Answer

Any killing of a law enforcement officer

Question 3

Pennsylvania's felony-murder rule treats a killing that occurs during the commission of certain enumerated felonies as:

Accepted Answer

Second-degree murder

Answer

Voluntary manslaughter

Answer

Third-degree murder

Answer

Involuntary manslaughter

Question 4

Under Pennsylvania Rule of Criminal Procedure 600, a defendant must generally be brought to trial within how many days of the filing of the criminal complaint?

Accepted Answer

365 days

Answer

180 days

Answer

270 days

Answer

90 days

Question 5

Pennsylvania's affirmative defense of self-defense under 18 Pa. C.S. § 505 requires that the defendant:

Accepted Answer

Reasonably believe that deadly force is immediately necessary to protect against death or serious bodily injury

Answer

Always retreat before using deadly force regardless of location

Answer

Prove justification beyond a reasonable doubt

Answer

Have first reported the threat to police

Question 6

Under Pennsylvania law, a criminal conspiracy requires an agreement between two or more persons to commit a crime plus:

Accepted Answer

An overt act in furtherance of the conspiracy by any conspirator

Answer

Completion of the crime itself

Answer

A written plan

Answer

Communication with an undercover officer