HI Bar - Hawaii Bar Criminal Law and Procedure Questions and Answers — Questions and Answers
Question 1: A defendant in Hawaii is prosecuted for criminal conspiracy to commit theft. During the trial, the defendant introduces evidence that before the theft occurred, he called the police and informed them of the plan, leading to the arrest of his co-conspirators. Under the Hawaii Penal Code, what is the legal effect of the defendant's actions?
- It provides an affirmative defense to the conspiracy charge because the defendant gave a timely warning to law enforcement. (Correct answer)
- It is irrelevant to the conspiracy charge, as the crime was complete the moment the agreement was made with an overt act.
- It may be considered as a mitigating factor during sentencing, but it does not negate guilt for the conspiracy.
- It provides a defense only if the defendant can prove he was coerced into the initial agreement.
Correct answer: It provides an affirmative defense to the conspiracy charge because the defendant gave a timely warning to law enforcement.
Under Hawaii Revised Statutes § 705-530(3), it is an affirmative defense to a charge of criminal conspiracy that the defendant, under circumstances manifesting a voluntary and complete renunciation of their criminal intent, gave a timely warning to law-enforcement authorities or otherwise made a reasonable effort to prevent the commission of the crime.
Question 2: In Hawaii, a person can be held criminally liable as an accomplice for the conduct of another person. Which of the following is required for a person to be found guilty as an accomplice under Hawaii law?
- The person was merely present at the scene when the crime was committed.
- The person knew about the crime after it was committed and helped the perpetrator hide.
- The person, with the intent to promote or facilitate the offense, aided or attempted to aid the other person in planning or committing it. (Correct answer)
- The person unintentionally provided assistance that happened to help the perpetrator commit the crime.
Correct answer: The person, with the intent to promote or facilitate the offense, aided or attempted to aid the other person in planning or committing it.
Hawaii Revised Statutes § 702-222 defines an accomplice as a person who, with the intention of promoting or facilitating the commission of the offense, aids, agrees, or attempts to aid the other person in planning or committing it. Mere presence or after-the-fact assistance (accessory after the fact) does not meet this specific requirement for accomplice liability.
Question 3: A person is charged with Attempted Murder in Hawaii. The evidence shows they purchased a firearm, traveled to the victim's house, and hid in the bushes waiting for the victim to appear. However, before the victim arrived, the person had a change of heart and left the scene. Under Hawaii law, has the person committed the crime of Criminal Attempt?
- No, because the crime was not completed.
- No, because their actions did not go beyond mere preparation.
- Yes, because their actions constituted a 'substantial step' in a course of conduct intended to culminate in the commission of the crime. (Correct answer)
- Yes, but they have a complete defense of abandonment.
Correct answer: Yes, because their actions constituted a 'substantial step' in a course of conduct intended to culminate in the commission of the crime.
According to Hawaii Revised Statutes § 705-500, a person is guilty of criminal attempt if they intentionally engage in conduct which constitutes a 'substantial step' in a course of conduct intended to culminate in the commission of the crime. Purchasing a weapon, traveling to the location, and lying in wait are strong evidence of a substantial step. While renunciation is an affirmative defense, simply leaving the scene without more might not meet the statutory requirements for a 'voluntary and complete renunciation' under HRS § 705-530.
Question 4: Under the Hawaii Penal Code, which of the following states of mind (mens rea) describes a person who consciously disregards a substantial and unjustifiable risk that their conduct will cause a certain result?
- Intentionally
- Knowingly
- Recklessly (Correct answer)
- Negligently
Correct answer: Recklessly
The Hawaii Penal Code, mirroring the Model Penal Code, defines the 'recklessly' state of mind under HRS § 702-206(3). A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that a certain result will occur or that a certain circumstance exists. This is distinct from 'negligently,' where the person should be aware of the risk but is not.
Question 5: A defendant is on trial for assault in Hawaii. He claims that he acted in self-defense. What is the defendant's burden of proof regarding this defense?
- The defendant must prove self-defense beyond a reasonable doubt.
- The defendant must prove self-defense by a preponderance of the evidence.
- The defendant must produce some credible evidence of self-defense, after which the prosecution must disprove it beyond a reasonable doubt. (Correct answer)
- The defendant has no burden; the judge decides if the defense is plausible based on the initial police report.
Correct answer: The defendant must produce some credible evidence of self-defense, after which the prosecution must disprove it beyond a reasonable doubt.
Under the Hawaii Penal Code, justification defenses, such as self-defense (Use of Force in Self-Protection under HRS § 703-304), are not affirmative defenses. According to HRS § 703-301, justification is a defense. This means the defendant has the initial burden of producing some credible evidence to raise the issue. Once raised, the prosecution bears the burden of disproving the defense beyond a reasonable doubt.
Question 6: Which of the following offenses in Hawaii is classified as a Class A felony?
- Theft in the First Degree
- Kidnapping (Correct answer)
- Assault in the Third Degree
- Burglary in the Second Degree
Correct answer: Kidnapping
Under the Hawaii Revised Statutes, offenses are graded into different classes of felonies, misdemeanors, and petty misdemeanors. Kidnapping (HRS § 707-720) is specifically designated as a Class A felony. Theft in the First Degree is typically a Class B felony (HRS § 708-830.5), Burglary in the Second Degree is a Class C felony (HRS § 708-811), and Assault in the Third Degree is a misdemeanor (HRS § 707-712).
HI Bar - Hawaii Bar Criminal Law and Procedure Questions and Answers
A defendant in Hawaii is prosecuted for criminal conspiracy to commit theft.
During the trial, the defendant introduces evidence that before the theft occurred, he called the police and informed them of the plan, leading to the arrest of his co-conspirators.
Under the Hawaii Penal Code, what is the legal effect of the defendant's actions?