RI Bar Criminal Law and Procedure 2

Question 1

Under the MPC, which mental state is satisfied when a defendant is aware of a substantial and unjustifiable risk but consciously disregards it?

Accepted Answer

Recklessly

Answer

Purposely

Answer

Knowingly

Answer

Negligently

Question 2

A defendant is charged with felony murder after his co-felon is shot and killed by a police officer during their armed robbery. Under the majority 'agency' rule, defendant is:

Accepted Answer

Not guilty, because the killing was by a third party, not the felon

Answer

Guilty, because death occurred during the felony

Answer

Guilty only if he personally fired a weapon

Answer

Not guilty only if he was unaware his co-felon was armed

Question 3

Which of the following is NOT a recognized common law defense to a criminal charge?

Accepted Answer

Diminished capacity as a complete defense

Answer

Duress

Answer

Necessity

Answer

Self-defense

Question 4

Under the Fourth Amendment, the automobile exception allows police to search a vehicle without a warrant when:

Accepted Answer

There is probable cause to believe the car contains contraband or evidence

Answer

The car is parked in a private driveway

Answer

The driver has been arrested for any offense

Answer

The car matches a vehicle description from a BOLO

Question 5

At common law, larceny requires a trespassory taking and carrying away of the personal property of another with intent to:

Accepted Answer

Permanently deprive the owner of it

Answer

Use the property temporarily

Answer

Return the property within 24 hours

Answer

Profit from the property

Question 6

The Confrontation Clause of the Sixth Amendment, as interpreted in Crawford v. Washington, bars admission of testimonial hearsay unless the declarant is:

Accepted Answer

Unavailable and the defendant had a prior opportunity to cross-examine

Answer

Unavailable and the statement was made to a friend

Answer

Available to testify at trial

Answer

A co-conspirator who made the statement in furtherance of the conspiracy

Question 7

A defendant who honestly but unreasonably believes deadly force is necessary to protect himself may assert:

Accepted Answer

Imperfect self-defense, negating malice and reducing murder to voluntary manslaughter

Answer

Perfect self-defense, resulting in complete acquittal

Answer

No defense, because unreasonable belief defeats any self-defense claim

Answer

Defense of others, because the standard is objective