PA Bar Criminal Law and Procedure 1 — Questions and Answers
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?
- Purposely
- Knowingly
- Recklessly (Correct answer)
- Negligently
Correct answer: Recklessly
Under 18 Pa. C.S. § 302, a person acts recklessly when they consciously disregard a substantial and unjustifiable risk that a material element of the offense exists or will result from the conduct.
Question 2: Pennsylvania defines first-degree murder as an intentional killing, but also includes which other category?
- Any killing during the commission of a felony
- A killing by poison, lying in wait, or by any other willful, deliberate, and premeditated means (Correct answer)
- A killing caused by extreme recklessness
- Any killing of a law enforcement officer
Correct answer: A killing by poison, lying in wait, or by any other willful, deliberate, and premeditated means
Under 18 Pa. C.S. § 2502(a), first-degree murder includes an intentional killing committed by poison, lying in wait, or any other willful, deliberate, and premeditated means.
Question 3: Pennsylvania's felony-murder rule treats a killing that occurs during the commission of certain enumerated felonies as:
- Voluntary manslaughter
- Second-degree murder (Correct answer)
- Third-degree murder
- Involuntary manslaughter
Correct answer: Second-degree murder
Under 18 Pa. C.S. § 2502(b), second-degree murder covers killings committed while the defendant was engaged as a principal or accomplice in the commission of a felony enumerated in § 2502(d).
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?
- 180 days
- 270 days
- 365 days (Correct answer)
- 90 days
Correct answer: 365 days
Pa. R.Crim.P. 600 requires that trial commence within 365 days of the filing of the criminal complaint, subject to excludable and excusable delays.
Question 5: Pennsylvania's affirmative defense of self-defense under 18 Pa. C.S. § 505 requires that the defendant:
- Always retreat before using deadly force regardless of location
- Reasonably believe that deadly force is immediately necessary to protect against death or serious bodily injury (Correct answer)
- Prove justification beyond a reasonable doubt
- Have first reported the threat to police
Correct answer: Reasonably believe that deadly force is immediately necessary to protect against death or serious bodily injury
Section 505 permits the use of deadly force in self-protection when the defendant reasonably believes it is immediately necessary to protect against death, serious bodily injury, kidnapping, or sexual intercourse by force.
Question 6: Under Pennsylvania law, a criminal conspiracy requires an agreement between two or more persons to commit a crime plus:
- Completion of the crime itself
- An overt act in furtherance of the conspiracy by any conspirator (Correct answer)
- A written plan
- Communication with an undercover officer
Correct answer: An overt act in furtherance of the conspiracy by any conspirator
18 Pa. C.S. § 903 provides that a person is guilty of conspiracy if they agree with another to commit a crime and an overt act is performed in furtherance of the conspiracy.
PA Bar Criminal Law and Procedure 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?