Multistate Bar Exam Criminal Law 2 — Questions and Answers
Question 1: A defendant breaks into a house at night intending to commit battery on the occupant. The occupant is not home. Under common law, is the defendant guilty of burglary?
- Yes, because all elements of burglary are satisfied (Correct answer)
- No, because the occupant must be present for burglary
- No, because battery is not a felony at common law
- Yes, only if the defendant actually commits the battery
Correct answer: Yes, because all elements of burglary are satisfied
Common law burglary requires breaking and entering a dwelling of another at nighttime with intent to commit a felony inside — the felony need not be completed.
Question 2: A driver, texting while driving, runs a red light and kills a pedestrian. Which mens rea is most accurately reflected in the driver's conduct?
- Purposeful
- Knowing
- Reckless (Correct answer)
- Negligent
Correct answer: Reckless
Recklessness involves conscious disregard of a substantial and unjustifiable risk, which fits deliberate texting while driving.
Question 3: A defendant is charged with felony murder after his accomplice accidentally discharged a gun while robbing a store, killing a bystander. The defendant was outside as a lookout. Is he liable for felony murder?
- Yes, because the killing occurred during commission of the felony (Correct answer)
- No, because he did not personally fire the gun
- No, because the discharge was accidental
- Yes, only if he knew the accomplice was armed
Correct answer: Yes, because the killing occurred during commission of the felony
Under the felony murder rule, all co-felons are liable for deaths that occur during the commission of the underlying felony, regardless of who fired the weapon.
Question 4: A statute makes it a crime to 'possess a controlled substance.' A defendant found with heroin argues she did not know the substance was illegal. Does her ignorance of the law negate guilt?
- Yes, because she lacked mens rea
- No, because ignorance of the law is generally not a defense (Correct answer)
- Yes, if she reasonably believed it was legal
- No, only if the crime is a strict liability offense
Correct answer: No, because ignorance of the law is generally not a defense
Ignorance of the law is not a defense; defendants are presumed to know the law, so the defendant's belief that possession was legal is irrelevant.
Question 5: A defendant points an unloaded gun at a victim who does not know the gun is unloaded, causing the victim to fear imminent harm. Is the defendant guilty of assault?
- No, because an unloaded gun cannot cause harm
- Yes, because the victim reasonably feared imminent harmful contact (Correct answer)
- No, because there was no actual ability to cause harm
- Yes, only if the defendant intended to fire the gun
Correct answer: Yes, because the victim reasonably feared imminent harmful contact
Assault under the modern/MPC approach is satisfied when the defendant intentionally causes the victim reasonable apprehension of imminent harmful contact.
Question 6: A man kills his wife after discovering her in bed with another man. He acts immediately in the heat of passion. Which doctrine may reduce his charge from murder to voluntary manslaughter?
- Provocation doctrine (Correct answer)
- Diminished capacity doctrine
- Felony murder rule
- Transferred intent doctrine
Correct answer: Provocation doctrine
The provocation (heat of passion) doctrine reduces murder to voluntary manslaughter when the defendant was adequately provoked, acted immediately, and had not cooled off.
Question 7: A defendant agrees with two others to rob a bank. Before any overt act is taken, the defendant withdraws and informs the police. Under the MPC, has the defendant effectively withdrawn from the conspiracy?
- Yes, because he withdrew before any overt act (Correct answer)
- No, because withdrawal is never a defense to conspiracy under the MPC
- Yes, but only if the others also withdraw
- No, because he already agreed to the plan
Correct answer: Yes, because he withdrew before any overt act
Under the MPC, a defendant may withdraw from conspiracy by renouncing the criminal purpose and thwarting the conspiracy's success before an overt act is committed.
Multistate Bar Exam Criminal Law 2
A defendant breaks into a house at night intending to commit battery on the occupant.
The occupant is not home.
Under common law, is the defendant guilty of burglary?