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

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?

Accepted Answer

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

Answer

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:

Accepted Answer

Second-degree murder

Answer

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?

Accepted Answer

365 days

Answer

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:

Accepted Answer

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

Answer

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.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Criminal Law and Procedure