AR Bar Criminal Law 1 — Questions and Answers
Question 1: Under the Arkansas Criminal Code, what mental state is required for first-degree murder?
- Negligently
- Recklessly
- Purposely or knowingly causing the death of another person (Correct answer)
- Only during the commission of a felony
Correct answer: Purposely or knowingly causing the death of another person
Arkansas Code § 5-10-102 defines first-degree murder as purposely or knowingly causing the death of another person under circumstances manifesting extreme indifference.
Question 2: Under Arkansas law, the felony murder rule applies when a death occurs during the commission of which type of crime?
- Any misdemeanor
- Specifically enumerated felonies such as robbery, kidnapping, or arson (Correct answer)
- Any traffic offense
- Only drug offenses
Correct answer: Specifically enumerated felonies such as robbery, kidnapping, or arson
Arkansas's felony murder rule applies when death results during the commission of an enumerated dangerous felony such as robbery, rape, kidnapping, or arson.
Question 3: Under Arkansas Code § 5-2-203, which defense completely absolves a defendant who lacked the capacity to conform conduct to the law?
- Duress
- Insanity defense (mental disease or defect) (Correct answer)
- Voluntary intoxication
- Entrapment
Correct answer: Insanity defense (mental disease or defect)
The insanity defense under Arkansas Code § 5-2-312 excuses criminal conduct when, due to mental disease or defect, the defendant lacked capacity to appreciate criminality or conform conduct to law.
Question 4: Under Arkansas law, robbery is distinguished from theft by the element of:
- The value of the property taken
- The use or threatened use of physical force against a person during the taking (Correct answer)
- The time of day the offense occurs
- Whether the victim was armed
Correct answer: The use or threatened use of physical force against a person during the taking
Robbery under Arkansas Code § 5-12-102 requires that the taking be accompanied by the use or threatened use of physical force against a person.
Question 5: Under Arkansas Code § 5-2-605, self-defense justifies deadly force only when:
- The defendant was the initial aggressor
- The defendant reasonably believed deadly force was necessary to prevent death or serious physical injury (Correct answer)
- The property at risk exceeded $1,000 in value
- The defendant attempted to flee first
Correct answer: The defendant reasonably believed deadly force was necessary to prevent death or serious physical injury
Deadly force in self-defense is justified under Arkansas law when the defendant reasonably believes it is necessary to prevent death or serious physical injury.
Question 6: Under Arkansas law, what is the statute of limitations for a Class Y felony that is not specifically extended by statute?
- 3 years
- 5 years
- No statute of limitations (Correct answer)
- 10 years
Correct answer: No statute of limitations
Arkansas Code § 5-1-109 provides that there is no statute of limitations for Class Y felonies, the most serious felony classification.
AR Bar Criminal Law 1
Under the Arkansas Criminal Code, what mental state is required for first-degree murder?