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

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:

Accepted Answer

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

Answer

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?

Accepted Answer

Diminished capacity as a complete defense

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

Permanently deprive the owner of it

Answer

The mens rea element of larceny requires intent to permanently deprive the owner of the property.

(RI Bar) Rhode Island Bar Exam Practice Test

(RI Bar) Rhode Island Bar Exam Practice Test

RI Bar Criminal Law and Procedure 2