Criminal Law and Constitutional Protections — UBE practice questions

Felony murder liability requires:

1. A death occurring within 24 hours of a completed misdemeanor
2. A specific intent to kill or seriously injure the victim
3. A death occurring during an inherently dangerous felony
4. A written admission by the defendant to the underlying offense

Answer: C — A death occurring during an inherently dangerous felony

C) Correct — felony murder holds a defendant liable for deaths caused during commission of certain enumerated inherently dangerous felonies (BARRK). B) Specific intent to kill is not required. A) Misdemeanors and 24-hour windows are not the test. D) Confessions are not elements.

Under Edwards v. Arizona, once a suspect invokes the right to counsel during custodial interrogation:

1. All interrogation must cease until counsel is present
2. Interrogation may continue if a new officer takes over
3. Interrogation may continue on unrelated criminal offenses
4. The suspect may be re-questioned after a two-hour break

Answer: A — All interrogation must cease until counsel is present

A) Correct — Edwards requires all interrogation to stop until counsel is provided or the suspect initiates further communication. B) A change of officers does not defeat Edwards. C) Even unrelated offenses are barred (Arizona v. Roberson). D) A short break does not cure Edwards; a 14-day Shatzer break is required.

A man entered an unlocked garage attached to a home at midnight, intending only to sleep there out of the rain. Once inside he saw a bicycle and decided to steal it, and he wheeled it away. Under the common law, he is MOST likely guilty of:

1. Larceny only, because he lacked the intent to steal at the moment of entry
2. Burglary and larceny, because the intent formed while he was inside the structure
3. Burglary only, because the taking merged into the completed breaking and entering
4. No offense, because an unlocked attached garage cannot be broken into at all

Answer: A — Larceny only, because he lacked the intent to steal at the moment of entry

A) Correct — common law burglary requires the intent to commit a felony at the time of entry, so the later-formed intent supports larceny alone. B) applies the broader modern statutory rule that many states now use, a genuine split worth noting. C) invents a merger that does not exist. D) misstates breaking, which can be satisfied by opening or by entry through an existing opening under modern rules.

Common-law burglary requires:

1. Any unauthorized entry into a commercial building during business
2. An armed entry into a residence with a deadly weapon
3. A daytime entry into any structure to commit a misdemeanor
4. A breaking and entering with intent to commit a felony

Answer: D — A breaking and entering with intent to commit a felony

A) Businesses are not covered at common law. D) Correct — common-law burglary is breaking and entering the dwelling of another at night with intent to commit a felony therein (modern statutes broaden). C) Time-of-day and misdemeanor combinations do not fit common law. B) A weapon is not required.

A defendant charged with assault presented evidence that a severe mental disease left him unable to appreciate that his conduct was wrong, though he knew exactly what he was physically doing. Which insanity formulation BEST fits this defense?

1. The irresistible impulse test, focused on the capacity to control one's conduct
2. The M'Naghten test, focused on knowledge of the nature or wrongfulness of the act
3. The Durham product test, focused on whether disease produced the act
4. Diminished capacity, focused on negating the specific intent element charged

Answer: B — The M'Naghten test, focused on knowledge of the nature or wrongfulness of the act

B) Correct — M'Naghten excuses a defendant who, from mental disease, did not know the nature and quality of the act or did not know it was wrong, matching these facts. A) addresses volitional control, which the facts do not raise. C) is a minority formulation asking about causation, not the cognitive failure described. D) is not an excuse but a way of negating mens rea, and assault as charged may not require specific intent.

The Fifth Amendment protects a witness's right against compelled self-incrimination in:

1. Civil depositions where answers may lead to criminal charges
2. Civil trials only, never criminal trials or grand juries
3. Only in-court testimony given by the criminal defendant
4. Any conversation between spouses in a private home

Answer: A — Civil depositions where answers may lead to criminal charges

A) Correct — the privilege applies in any proceeding, civil or criminal, where testimony could be used or lead to criminal prosecution. B) It applies in criminal proceedings too. C) It is not limited to defendants at trial. D) Spousal conversations are covered by different privileges.

Under Terry v. Ohio, an officer may conduct a limited pat-down of outer clothing when:

1. Any citizen is standing on a public street corner alone
2. Reasonable suspicion of criminal activity and danger exists
3. The person refuses to provide the officer with their name
4. The officer works in a neighborhood with elevated crime data

Answer: B — Reasonable suspicion of criminal activity and danger exists

A) Mere presence is not suspicion. B) Correct — Terry authorizes a stop on reasonable articulable suspicion and a limited frisk if the officer reasonably believes the person is armed and dangerous. C) Silence alone is not suspicion. D) Location cannot supply suspicion by itself.

Larceny at common law requires:

1. A taking by force or the imminent threat of force
2. A lawful possession initially, later converted by the taker
3. A trespassory taking and carrying away of another's property
4. A misappropriation of intangible business opportunities

Answer: C — A trespassory taking and carrying away of another's property

C) Correct — larceny is the trespassory taking and carrying away (asportation) of the personal property of another with intent to permanently deprive. B) That is embezzlement. A) That is robbery. D) Intangibles historically fell outside larceny.

Miranda warnings must be given when a suspect is subject to:

1. A brief investigative traffic stop
2. Custodial interrogation by law enforcement
3. A voluntary station-house interview
4. Routine booking questions after arrest

Answer: B — Custodial interrogation by law enforcement

A) Berkemer v. McCarty holds ordinary traffic stops are not custody. B) Correct — Miranda requires both (i) custody (reasonable person would not feel free to leave) and (ii) interrogation (words/actions likely to elicit incriminating response). C) A voluntary interview where the suspect is free to leave is not custody. D) The routine-booking exception excludes standard biographical questions.

Voluntary manslaughter is distinguished from murder by:

1. The absence of any death actually resulting
2. The absence of any human victim at all
3. Adequate provocation causing heat of passion
4. The presence of premeditation and deliberation

Answer: C — Adequate provocation causing heat of passion

A) Death is required for both homicide grades. B) A human victim is required. C) Correct — voluntary manslaughter is an intentional killing mitigated by adequate provocation causing heat of passion, without adequate cooling time. D) Premeditation/deliberation elevates the offense to first-degree murder.

Robbery elements?

Larceny (take + carry away another's property) by force or fear from person.

Distinguish common-law murder from voluntary manslaughter.

Murder requires malice aforethought. Voluntary manslaughter is an intentional killing mitigated by adequate provocation causing heat of passion without cooling time.

Solicitation?

Inviting, requesting, commanding, or encouraging another to commit a crime.

Conspiracy elements?

Agreement between two+ persons + intent to commit unlawful act + (in many jurisdictions) overt act.