CRIMINAL LAW

MBE PRACTICE QUESTIONS

 Criminal Law Questions 1.

Criminal Law Questions

Question 1 Question 2

The defendant is charged with the burglary of A father was angry at his son’s coach because
a home. Evidence presented at the defendant’s the coach would never let the son into a game.
trial indicates that he talked another person into In order to exact revenge, the father decided to
assisting him. The jury is instructed on burglary, plant an incendiary device on the coach’s front
solicitation, conspiracy, and attempt. porch. The father believed the device would start
a fire that would destroy the coach’s home and
If the defendant is found by the jury to be perhaps injure him as well. However, the father
guilty of burglary, which of the following is made a mistake while assembling the incendiary
true? device, and it was impossible for the device to
do any harm. When the device went off, it did
(A) He also may be found guilty of conspiracy, nothing more than produce a foul odor.
but not of solicitation or attempt.
If the father is charged with attempted murder
(B) He also may be found guilty of conspiracy and attempted arson in a common law jurisdic-
and solicitation, but not of attempt. tion, which of the following decisions is most
likely to be reached by the court?
(C) He also may be found guilty of conspiracy
or solicitation but not both, and he may not (A) The father is guilty of attempted murder
be found guilty of attempt. and attempted arson.

(D) He also may be found guilty of solicitation (B) The father is guilty of attempted murder,
or attempt but not both, and he may not be but he is not guilty of attempted arson.
found guilty of conspiracy.
(C) The father is not guilty of attempted
murder, but he is guilty of attempted arson.

(D) The father is not guilty of attempted murder

or attempted arson.
2. Criminal Law Questions

Question 3 Question 4

A woman was late for an appointment with A student approached a reputed drug dealer
her doctor across town. Because of this, she at a pool hall to purchase marijuana, although
was driving recklessly through traffic at a high he knew that it was a crime to possess or smoke
speed and ran through a red light. There were a marijuana. The student bought a “marijuana
number of people crossing the street at the time, cigarette,” which was in fact only an ordinary
and the woman accidentally hit one of them. tobacco cigarette, from the drug dealer. As the
The person she hit was seriously injured and student left the pool hall, he lit the cigarette,
was rushed to the hospital, but recovered. The whereupon he was immediately apprehended by
woman was arrested and charged with attempted a detective who was keeping all of the dealer’s
murder. visitors under surveillance. After the student was
advised of his rights and admitted purchasing
Will the woman likely be convicted? the “marijuana cigarette” from the dealer, the
police determined that there was no marijuana in
(A) No, because she did not intend to hit any- the cigarette.
one with her car.
If the student is charged with attempt to
(B) No, because she had not gone far enough in smoke a marijuana cigarette, how should the
her actions to constitute attempt. court rule?
(C) Yes, because a person is presumed to intend (A) He is not guilty, because he accomplished
the natural and probable consequences of all acts he intended to do yet did not com-
her act. mit a criminal offense.
(D) Yes, because from her recklessness, the (B) He is not guilty, because there was no
intent to inflict serious bodily harm will be corroboration of his statement to the police.
presumed.
(C) He is guilty, because had the attendant
circumstances been as he believed them to
be, he would have committed a criminal
offense.

(D) He is guilty, because drug offenses are

strict liability crimes.
 Criminal Law Questions 3.

Question 5 Question 6

A felon intending to rob a market waited The police of a resort town discovered that
outside until there were no customers. When he a well-known cat burglar was currently living
saw that the market was empty, he went inside in town under an assumed name. To try to
and walked up to the counter with his hand in catch her in the act of burglary, an undercover
his jacket pocket to simulate a gun. Before the officer approached the burglar with a plan for a
clerk could turn around to see what the felon burglary. The undercover officer told the burglar
wanted, another customer entered the market, that he knew who she was and that he had a plan
startling the felon, who turned and ran out the to steal jewels from someone staying in one of
door. the town’s resorts. The burglar initially refused
the offer; however, after lengthy cajoling, she
Should the felon be found guilty on a charge finally agreed to the plan.
of attempted robbery?
As the time for the burglary drew near, the
(A) No, because he used no actual force on the burglar had second thoughts. Three hours before
clerk nor threatened any. the theft was scheduled to take place, the burglar
called the police and told them of the plan. She
(B) No, because he withdrew successfully from told them that she was not going to show up, but
the robbery attempt. that her cohort (the undercover officer) would be
there, and told them how to recognize the under-
(C) No, because he never entered the zone of cover officer.
perpetration.
Is the burglar guilty of conspiracy at common
(D) Yes, regardless of whether he totally law?
abandoned his plan when the customer
entered the market. (A) Yes, because the burglar made an agree-
ment with the undercover officer to commit
the theft.

(B) No, because there was no agreement.

(C) No, because the intended crime was never

completed.

(D) No, because the burglar effectively

withdrew.
4. Criminal Law Questions

Question 7 Question 8

A statute in the jurisdiction, which was A minor entered a liquor store and asked the
enacted with the express purpose of preventing cashier to let him purchase a case of beer for a
public employees from taking advantage of the party even though he was underage. The cashier
status of undocumented immigrants, made it agreed as long as he paid double the retail price
a felony to accept money or other benefits in for the beer as compensation for the risks of the
exchange for issuing a state identification card. sale. As the cashier started to ring up the trans-
During an undercover investigation, an undocu- action, an undercover officer who overheard
mented immigrant was recorded offering $500 them intervened and arrested them. The state
to a clerk in exchange for issuance of a card. criminal code provides that it is a felony to
The clerk agreed to the deal and later that day knowingly provide alcohol to any person under
exchanged the card for the money, after which the age of 21.
both parties were arrested.
If the state follows the unilateral theory of
In a jurisdiction following the common law conspiracy, of what crimes can the minor and
approach to conspiracy, which of the following cashier be convicted?
statements is correct?
(A) The minor can be convicted of solicitation
(A) The clerk can be convicted of violating the and the cashier can be convicted of con-
statute and conspiracy to violate the statute, spiracy to violate the statute.
and the undocumented immigrant can be
convicted of no crime. (B) Both the minor and the cashier can be
convicted of conspiracy to violate the
(B) The clerk can be convicted only of statute.
violating the statute, and the undocumented
immigrant can be convicted of no crime. (C) The minor cannot be convicted of either
solicitation or conspiracy, but the cashier
(C) The clerk can be convicted only of can be convicted of conspiracy to violate
violating the statute, and the undocumented the statute.
immigrant can be convicted as an accom-
plice to violation of the statute. (D) The minor cannot be convicted of either
solicitation or conspiracy, and the cashier
(D) The clerk can be convicted of violating the cannot be convicted of conspiracy.
statute and conspiracy to violate the statute,
and the undocumented immigrant can
be convicted of conspiracy to violate the
statute.
 Criminal Law Questions 5.

Question 9 Question 10

Two people agreed to steal a valuable painting After reading an article in a hunting magazine
that they knew was hanging in the victim’s detailing a state’s expanded season for the
home. One would wait in the car with the engine hunting of grizzly bears, a hunter called his
running to ensure a quick getaway, while the nephew to see if he wanted to take a trip to the
other would break into the victim’s home and state to hunt grizzly bears. His nephew agreed.
steal the painting. The burglar broke into the Unknown to the hunter and his nephew, the
home and reached the victim’s library, where the article in the magazine listed an incorrect ending
painting was hanging. On the desk he noticed date for the expanded grizzly bear hunting
a large vial that appeared to contain cocaine. season; the hunting season had expired the day
Thinking he could sell the cocaine and split the before. While still in their pickup truck driving
proceeds with the getaway driver, the burglar to a campsite in the state, the hunter and his
grabbed the vial and stuffed it in his pocket. He nephew were pulled over by a state trooper. They
then took the painting off the wall and hurried volunteered that they were on their way to hunt
back to the waiting car. The police arrived at grizzly bears and were promptly arrested. A
that moment and apprehended the pair. A search state statute made hunting bears out of season a
incident to arrest turned up the vial of cocaine in strict liability offense.
the burglar’s possession.
If the hunter and his nephew are charged with
The getaway driver is charged with being conspiracy to hunt grizzly bears out of season,
an accomplice to the unlawful possession of will they be acquitted?
cocaine with intent to distribute. Will the driver
likely be found guilty? (A) Yes, because there was no agreement.

(A) Yes, because she is liable for all crimes (B) Yes, because they had not intended to
resulting from the conspiracy. commit a crime.

(B) Yes, because the conspiracy was to steal (C) No, because hunting grizzly bears out of
items for resale. season is a strict liability offense.

(C) No, because the conspiracy did not involve (D) No, because they agreed to hunt grizzly
the possession or sale of cocaine. bears on a date that was out of season.

(D) No, because the burglar was the person who

possessed the cocaine.
6. Criminal Law Questions

Question 11 Question 12

A political activist, stopped while driving his A stagehand decided to play a practical joke
car by a police officer in a patrol car, believed on an actor. The stagehand went to the storage
that the officer had stopped him solely because room where stage props were stored and took
a large sign painted on the side of his vehicle what he believed to be a stage gun from the
proclaimed him a member of a controversial locker where such guns were kept. In fact, a
political organization. When additional police week before, an actress had put her real pistol in
units arrived at the scene, the activist was the stage gun locker and borrowed the stage gun
convinced it was a setup. Although unarmed for an amateur theatrical her church group was
and slightly built, the activist swung his fist putting on.
at the original officer. Another officer, seeing
this, drew his gun and shot the activist in the The actress had forgotten to remove the
stomach. The activist then seized the gun of the bullets that her husband always kept in the gun.
officer he had punched and shot at the second The stagehand went into the actor’s dressing
officer, missing him and killing an onlooker. room and yelled, “You’ve stolen the part that I
always wanted to play, now die for it!” The actor
At the activist’s murder trial, his expert knew that the stagehand liked to play practical
witness, who was not contradicted at trial, testi- jokes, and, after an initial frightened reaction,
fied that the activist was rendered unconscious the actor broke out laughing. The stagehand
by being shot in the stomach. If the jury accepts laughed too, shouted, “Bang, you’re dead!” and
the expert’s testimony, what is the most serious pulled the trigger. A bullet hit the actor in the
crime for which the activist can be convicted in heart, killing him.
the absence of a felony murder or misdemeanor
manslaughter rule? Which of the following best describes the
stagehand’s criminal liability?
(A) Murder, because the activist started the
fight in which he eventually shot the by- (A) He is guilty of second degree murder.
stander.
(B) He is guilty of voluntary manslaughter.
(B) Murder, because although the killing
might have been mitigated as to the second (C) He is guilty of involuntary manslaughter.
officer, no mitigating circumstances would
apply to the innocent bystander. (D) He has committed no crime.

(C) Manslaughter, because the activist did not

intend to kill the onlooker.

(D) Neither murder nor manslaughter, because

the activist was unconscious when he shot
the onlooker.
 Criminal Law Questions 7.

Question 13 Question 14

A state statute defines all murders as second A worker on scaffolding several stories high
degree murders unless deliberation and premedi- on a building took a loose brick from the build-
tation can be shown, in which case the crime is ing’s façade and threw it off the scaffolding
elevated to first degree murder. Manslaughter is without looking, striking a pedestrian on the
defined as at common law. sidewalk in the head and killing her instantly.

The defendant, just having been served with The homicide statute in this jurisdiction reads
divorce papers, decided to drown his sorrows as follows: “Murder is the unlawful killing of
at the local pub. After drinking heavily and a human being with malice aforethought. Such
becoming very intoxicated, the defendant malice may be express or implied. It is express
became enraged when another patron spilled when there is manifested a deliberate inten-
a drink on him. He took a nearby ashtray and tion to unlawfully take away the life of a fellow
smashed it over the patron’s head, killing him creature. It is implied when no considerable
instantly. provocation appears or when the circumstances
attending the killing show an abandoned and
The crimes below are listed in descending malignant heart.”
order of seriousness.
The manslaughter statute in the jurisdiction
What is the most serious crime of which the reads as follows: “Manslaughter is the unlawful
defendant could be convicted? killing of a human being without malice. It is
of two kinds: 1. Voluntary—upon a sudden
(A) Murder in the first degree. quarrel or heat of passion. 2. Involuntary—in the
commission of an unlawful act, not amounting
(B) Murder in the second degree. to a felony; or in the commission of a lawful act
that might produce death in an unlawful manner
(C) Voluntary manslaughter. or without due caution and circumspection.”
(D) Involuntary manslaughter. If the worker is charged with criminal
homicide, on which of the following theories
could the trial judge properly give a charge to
the jury?

(A) Involuntary manslaughter only.

(B) Murder and involuntary manslaughter.

(C) Murder and voluntary manslaughter.

(D) First degree murder, second degree murder,

and involuntary manslaughter.
8. Criminal Law Questions

Question 15 Question 16

A woman had a history of epileptic seizures While out walking one evening, a pedes-
which came without warning over the last five trian was stopped at gunpoint by a robber who
years. One day, as she was driving to town, she demanded all of her money. The pedestrian
had a seizure. She lost control of her car and hesitated in going for her wallet, and so the
struck a pedestrian who was lawfully crossing robber hit her over the head. In doing so, the
the street. The pedestrian died immediately robber accidentally dropped the gun, panicked,
thereafter as a result of his injuries. The woman and started to run. The pedestrian was stunned
is charged with involuntary manslaughter in a for a second by the blow to the head, but she
jurisdiction that follows common law principles. recovered quickly, grabbed the gun from the
ground, and shot at the fleeing robber. The bullet
Will she most likely be found guilty? missed the robber, but hit a bystander, killing
him instantly. The pedestrian was arrested and
(A) Yes, because the law presumes that a per- charged with murder.
son intends the natural and probable conse-
quences of her acts. If her attorney asserts at trial that the
pedestrian should be charged with voluntary
(B) Yes, because she knowingly and negligently manslaughter rather than murder, would this
chose to drive her car. assertion be correct?
(C) No, because her failure to control the car (A) Yes, because the pedestrian had no intent to
was not a voluntary act. kill the bystander.
(D) No, because she had no intent to harm (B) Yes, because there was adequate provoca-
anyone. tion for the pedestrian’s actions.

(C) No, because the pedestrian intended to kill

the robber.

(D) No, because the pedestrian was in no

danger when she shot at the fleeing robber.
 Criminal Law Questions 9.

Question 17 Question 18

A state statute contains the following provi- A thug approached the defendant in front of a
sions: bank, brandishing a gun. He told the defendant
that he was going to rob the bank and needed a
Murder in the first degree is the killing of “bag man.” The defendant complied at gunpoint,
a human being without justification and with holding out a bag for the tellers to put money
premeditation. Murder in the second degree is in while the thug waved the gun at everyone.
any murder which is neither a murder in the first The gun accidentally went off, killing one of
degree nor a murder in the third degree. Murder the tellers. The defendant is charged with the
in the third degree is any killing that occurs criminal homicide of the teller.
during and as a result of the commission of a
felony. What is the most likely result?

The jurisdiction also provides that robbery is a (A) The defendant will be found guilty of
felony for purposes of the felony murder rule. murder.

A robber held up a convenience store with a (B) The defendant will be found guilty of
knife. After the store clerk handed over all the manslaughter.
money in the register, she retrieved a pistol from
a drawer behind the counter. When the robber (C) The defendant will be found not guilty
turned to leave, the store clerk pointed the gun at of murder, because duress is a defense to
the robber and shouted, “Stop or I’ll shoot!” The robbery.
robber ducked behind the end of an aisle, and
the store clerk shot three times in the robber’s (D) The defendant will be found not guilty
direction. One of the bullets bounced off a pillar of murder, because the defendant never
and struck the only other customer in the store, intended to kill anyone.
who was crouched behind a counter, killing him
instantly.

The crimes below are listed in descending

order of seriousness.

What is the most serious homicide crime of

which the store clerk can be convicted?

(A) Murder in the second degree.

(B) Murder in the third degree.

(C) Manslaughter.

(D) No homicide crime.

10. Criminal Law Questions

Question 19 Question 20

The defendant entered a bank, planning to The state has the following homicide statutes:
rob it. An alert bank employee saw the defen-
dant brandishing her gun and pushed the silent Murder is the unlawful killing of a human
alarm button to summon the police, and most being with malice aforethought. Such malice
of the employees and customers were successful may be express or implied. It is express when
in fleeing the bank. However, when the police there is manifested a deliberate intention
surrounded the bank, the defendant was still to unlawfully take away the life of a fellow
inside with a hostage, one of the bank’s tellers, creature. It is implied when no considerable
whom the defendant had forced to turn over all provocation appears or when the circumstances
the money in her drawer. The police obtained attending the killing show an abandoned and
only a vague description of the defendant from malignant heart. All murder that is perpetrated
the fleeing employees and customers as being a by willful, deliberate, or premeditated killing
white female of average height, but all agreed or committed in the perpetration of or attempt
that she was wearing a bright yellow scarf to perpetrate arson, rape, robbery, or burglary
around her neck. The defendant, hoping to is murder of the first degree. All other kinds of
distract the police and escape out a back door, murders are of the second degree.
forced the teller to put on the bright yellow scarf
and walk in front of a window. A rookie police The defendant and her associate entered a
officer, on seeing the yellow scarf, opened fire, jewelry store to shoplift a diamond bracelet. Just
killing the bank teller immediately. The defen- as the defendant put the bracelet into her pocket,
dant was apprehended shortly thereafter trying a sales clerk saw her and grabbed her by the
to escape out the back door. wrist. The associate grabbed a knife from one of
the silver displays and lunged at the sales clerk,
If the defendant is prosecuted and found but then a store guard shot and killed her. The
guilty of the teller’s murder, what is the likely defendant is charged with the first degree murder
reason? of her associate.

(A) The defendant was still in the building Which of the following is the defendant’s
and had not yet run out at the time that the strongest argument?
teller was killed.
(A) The defendant cannot be convicted of
(B) The police officer did not have legal justifi- murder because when they went into the
cation to use deadly force under the circum- store they were not carrying any weapons;
stances. therefore, there was no felony on which the
felony murder rule may arise.
(C) The defendant caused the death of the
victim during the course of a felony. (B) The defendant cannot be convicted of
murder because the associate’s death was
(D) The defendant’s putting the victim in a not murder but justifiable homicide.
position of danger shows intent to kill.
(C) The defendant cannot be convicted of
murder because she and her associate had
an agreement never to use violence when
they stole anything.

(D) The associate did not intend to hurt the

sales clerk, but just wanted to scare him so
that the defendant could run.