RI Bar Criminal Law and Procedure 2 — Questions and Answers
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?
- Purposely
- Knowingly
- Recklessly (Correct answer)
- Negligently
Correct answer: Recklessly
The MPC defines recklessness as conscious disregard of a substantial and unjustifiable risk.
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:
- Guilty, because death occurred during the felony
- Not guilty, because the killing was by a third party, not the felon (Correct answer)
- Guilty only if he personally fired a weapon
- Not guilty only if he was unaware his co-felon was armed
Correct answer: Not guilty, because the killing was by a third party, not the felon
Under the majority agency rule, felony murder liability does not attach when a non-felon (such as police) is the proximate cause of death.
Question 3: Which of the following is NOT a recognized common law defense to a criminal charge?
- Duress
- Necessity
- Diminished capacity as a complete defense (Correct answer)
- Self-defense
Correct answer: Diminished capacity as a complete defense
At common law, diminished capacity is not a complete defense but may reduce the grade of the offense; only insanity operates as a complete excuse.
Question 4: Under the Fourth Amendment, the automobile exception allows police to search a vehicle without a warrant when:
- The car is parked in a private driveway
- There is probable cause to believe the car contains contraband or evidence (Correct answer)
- The driver has been arrested for any offense
- The car matches a vehicle description from a BOLO
Correct answer: There is probable cause to believe the car contains contraband or evidence
The automobile exception requires probable cause to believe the vehicle contains contraband or evidence of a crime.
Question 5: At common law, larceny requires a trespassory taking and carrying away of the personal property of another with intent to:
- Use the property temporarily
- Return the property within 24 hours
- Permanently deprive the owner of it (Correct answer)
- Profit from the property
Correct answer: Permanently deprive the owner of it
The mens rea element of larceny requires intent to permanently deprive the owner of 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:
- Unavailable and the statement was made to a friend
- Unavailable and the defendant had a prior opportunity to cross-examine (Correct answer)
- Available to testify at trial
- A co-conspirator who made the statement in furtherance of the conspiracy
Correct answer: Unavailable and the defendant had a prior opportunity to cross-examine
Crawford holds that testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.
Question 7: A defendant who honestly but unreasonably believes deadly force is necessary to protect himself may assert:
- Perfect self-defense, resulting in complete acquittal
- Imperfect self-defense, negating malice and reducing murder to voluntary manslaughter (Correct answer)
- No defense, because unreasonable belief defeats any self-defense claim
- Defense of others, because the standard is objective
Correct answer: Imperfect self-defense, negating malice and reducing murder to voluntary manslaughter
Imperfect self-defense applies when the defendant had an honest but unreasonable belief in the need for deadly force, reducing murder to manslaughter.
RI Bar Criminal Law and Procedure 2
Under the MPC, which mental state is satisfied when a defendant is aware of a substantial and unjustifiable risk but consciously disregards it?