MD Bar MD Bar Criminal Law 1 — Questions and Answers
Question 1: Under Maryland law, what mens rea is required for first-degree murder?
- Premeditation and deliberation (Correct answer)
- Malice aforethought only
- Extreme recklessness
- Intent to cause serious bodily harm
Correct answer: Premeditation and deliberation
Maryland first-degree murder requires a willful, deliberate, and premeditated killing.
Question 2: In Maryland, which defense can completely negate criminal liability for an otherwise criminal act?
- Voluntary intoxication
- Insanity (Correct answer)
- Mistake of law
- Diminished capacity
Correct answer: Insanity
Maryland recognizes the insanity defense, which can completely negate criminal liability when a defendant lacked substantial capacity to appreciate criminality.
Question 3: Under Maryland law, what is the standard for probable cause to arrest without a warrant?
- Beyond a reasonable doubt
- Preponderance of the evidence
- Reasonable articulable suspicion
- Facts sufficient to warrant a prudent person to believe a crime was committed (Correct answer)
Correct answer: Facts sufficient to warrant a prudent person to believe a crime was committed
Probable cause requires facts sufficient to warrant a prudent person to believe the suspect committed or is committing a crime.
Question 4: Which of the following crimes requires proof of specific intent under Maryland law?
- Second-degree murder
- Involuntary manslaughter
- Burglary (Correct answer)
- Battery
Correct answer: Burglary
Burglary requires the specific intent to commit a crime inside the dwelling at the time of entry.
Question 5: Under Maryland law, the felony murder rule applies when a killing occurs during the commission of which type of felony?
- Any felony
- An inherently dangerous felony (Correct answer)
- Only robbery or burglary
- Any crime punishable by more than one year
Correct answer: An inherently dangerous felony
Maryland's felony murder rule applies when a death results from the commission of an inherently dangerous felony.
Question 6: In Maryland, what is the Double Jeopardy Clause's primary protection in criminal proceedings?
- Protection against cruel and unusual punishment
- Protection against being tried twice for the same offense after acquittal or conviction (Correct answer)
- Protection against compelled self-incrimination
- Protection against unreasonable searches and seizures
Correct answer: Protection against being tried twice for the same offense after acquittal or conviction
The Double Jeopardy Clause protects defendants from being prosecuted a second time for the same offense following a final judgment.
MD Bar MD Bar Criminal Law 1
Under Maryland law, what mens rea is required for first-degree murder?