HI Bar - Hawaii Bar Criminal Law and Procedure 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?

Accepted Answer

It provides an affirmative defense to the conspiracy charge because the defendant gave a timely warning to law enforcement.

Answer

It is irrelevant to the conspiracy charge, as the crime was complete the moment the agreement was made with an overt act.

Answer

It may be considered as a mitigating factor during sentencing, but it does not negate guilt for the conspiracy.

Answer

It provides a defense only if the defendant can prove he was coerced into the initial agreement.

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?

Accepted 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.

Answer

The person was merely present at the scene when the crime was committed.

Answer

The person knew about the crime after it was committed and helped the perpetrator hide.

Answer

The person unintentionally provided assistance that happened to help the perpetrator commit the crime.

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?

Accepted Answer

Yes, because their actions constituted a 'substantial step' in a course of conduct intended to culminate in the commission of the crime.

Answer

No, because the crime was not completed.

Answer

No, because their actions did not go beyond mere preparation.

Answer

Yes, but they have a complete defense of abandonment.

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?

Accepted Answer

Recklessly

Answer

Intentionally

Answer

Knowingly

Answer

Negligently

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?

Accepted Answer

The defendant must produce some credible evidence of self-defense, after which the prosecution must disprove it beyond a reasonable doubt.

Answer

The defendant must prove self-defense beyond a reasonable doubt.

Answer

The defendant must prove self-defense by a preponderance of the evidence.

Answer

The defendant has no burden; the judge decides if the defense is plausible based on the initial police report.

Question 6

Which of the following offenses in Hawaii is classified as a Class A felony?

Accepted Answer

Kidnapping

Answer

Theft in the First Degree

Answer

Assault in the Third Degree

Answer

Burglary in the Second Degree