Criminal Law New MC Questions
Which of the following is most probably not a situation where there is no "voluntary act" under Missouri law? a) A man, while sleepwalking, kills his neighbor b) A woman, while driving, has an unexpected seizure and crashes into a tree, killing her passenger c) A man is forced at gunpoint to rob a bank d) A woman is arrested by the police for assault and taken to the police station. There, she is found to be in possession of drugs and is charged with "possession of drugs in a police station."
A man is forced at gunpoint to rob a bank
In the Cornwall case, Judge Mannheimer quotes the following from a book called Substantive Criminal law: For example, to take the classic case of a man who takes another's umbrella out of a restaurant because he mistakenly believes that the umbrella is his, [then] the man is not guilty [of the crime of stealing the umbrella]. What is the above an example of? a) A necessity defense b) A mistake of fact negating mens rea c) A mistake of law negating mens rea d) Entrapment
A mistake of fact negating mens rea
In the Armitage case, the California court quotes a book that discusses proximate cause. The quote reads, in part: When defendant's conduct causes panic, an act done under the influence of panic or extreme fear will not negative the causal connection unless the reaction is wholly ___________. What best fills in the blank? a) Reasonable b) Proximate c) Abnormal d) Foreseeable
Abnormal
What best fills in the blank in the following quotation? Under the reading of the [DWI] statute urged by the State, every citizen who consumes alcoholic beverages while on a golf course, then operates a golf cart upon that private property, would be potentially subjected to DWI sanctions. This goes for every person who imbibes spirits and then mows his own lawn with a riding lawn mower, as well as people who operate motorized wheelchairs. In fact, the State in this case agreed that prosecution of an operator of a motorized wheelchair, within the confines of the operator's home, would be possible if this conviction stands. Such unreasonable and ______ results cannot have been intended in the drafting of the statute by the legislature. a) Unjust b) Unconstitutional c) Absurd d) Overbroad
Absurd
Second degree murder in Missouri does not include which of the following: a) Felony murder b) Purposely inflicting serious injury and causing death c) Knowingly causing death d) Causing someone's death due to "extreme" recklessness
Causing someone's death due to "extreme" recklessness
Suppose a person stabs another person 67 times in the chest area. The defense attorney may see this as evidence of recklessness ("he was out of control, and was flailing wildly"). The prosecuting attorney could see this instead as evidence of deliberation, and in particular evidence of this type: a) Planning evidence b) Bad blood evidence c) Complicated design evidence d) Failure to act evidence
Complicated design evidence
The defendant, Clay Ambrose, allegedly agreed with one Thomas Ford to rob the plant manager of the R. C. Cola Company at gun point as he left the company premises with money to be deposited in a bank. The manager performed this money transfer on a routine basis every day. He left at the same time and traveled over the same route on each daily trip. On October 27, the defendant and Thomas Ford met at Ford's house. There they agreed to commit the armed robbery. Later that same day the defendant, Thomas Ford, Marilyn Lovins, and Ford's family made a trip to the scene where the robbery would occur. They surveyed the scene and established the details of their plan. Following their initial conversation and survey of the scene the defendant and Thomas Ford, and Marilyn Lovins made several trips to the premises of the R. C. Cola Company to observe the manager transfer the money to a bank. These later trips to the proposed scene were made individually by the defendant and Thomas Ford and together with other people. On October 29, after a trip to the scene with his brother, Thomas Ford called the police and became an informer. He was directed to continue his activities with the defendant to ascertain the date of the proposed armed robbery. Before Ford could accomplish this he became involved in an argument with the defendant and withdrew from the conspiracy or plot. One day later, November 8, 1971, Ford communicated his withdrawal to the police. If the above facts are taken as true and the crime never happens, the defendant Ambrose is guilty of at most which of the following crimes? a) Conspiracy to commit first degree robbery b) Conspiracy to commit second degree robbery c) Conspiracy to commit first degree burglary d) Conspiracy to steal.
Conspiracy to commit first degree robbery
Deliberation is defined how in the Missouri criminal code? a) Passion provoked by adequate cause b) Cool reflection for any length of time c) Bad blood d) It is not given a precise definition, but must be inferred from the circumstances
Cool reflection for any length of time
In which of the following situations is Defendant's conduct most likely to make him criminally responsible for victim's death? a) Defendant shot Victim twice in the leg. Victim was then taken to a hospital for treatment of the wound. An earthquake later struck the city, causing the hospital to collapse. Victim was crushed to death in the rubble. b) Defendant and Victim lived in the same apartment building. Defendant knew that Victim was having a love affair with Gilda, a married woman. One day Defendant learned that Victim was to be murdered by Gilda's husband. Although Defendant had ample time to warn Victim, he failed to do so. That night Victim was stabbed to death by Gilda's jealous husband. c) Victim, a gambler, was heavily in debt to the mob. Defendant, who was a mob enforcer, threatened to kill Victim if he didn't pay up. Frightened, victim boarded the next airplane flight out of town. The airplane crashed, and Victim was killed in the wreckage. d) Defendant and Victim were driving to work together when Defendant, without provocation, stabbed Victim in the arm. Defendant then pushed him out of the car. Victim fell along the side of the street and fractured his ankle. Unable to move from the roadway, Victim was fatally crushed a half hour later by a car driven by a drunken driver.
Defendant and Victim were driving to work together when Defendant, without provocation, stabbed Victim in the arm. Defendant then pushed him out of the car. Victim fell along the side of the street and fractured his ankle. Unable to move from the roadway, Victim was fatally crushed a half hour later by a car driven by a drunken driver.
A taxi driver, driving a man to work, is asked by the man, "Would you like to make a lot of money?" The driver says, "No, thanks." The man says, "Well, you don't have a choice. Drive me to this address and wait for me. You are now hired as my getaway driver. Congratulations." The man then reveals that he has a gun. If the taxi driver does as the man says, and is later charged as being an accomplice, his best defense is: a) Self-defense b) Necessity c) Duress d) Entrapment
Duress
Which of the following Missouri statutory defenses explicitly states it is "not available" in most circumstances to any crime that "involves causing physical injury"? a) Entrapment b) Necessity c) Duress d) Insanity
Entrapment
John's lawyer tells him that the White House is the "People's House," and you can just walk right in. John, believing what his lawyer has told him, walks through an open gate behind the White House. Suppose Missouri law applies, and John is arrested for First Degree Trespassing. True or false: If the jury believes that John's belief was unreasonable, it should convict him of First Degree Trespassing, even if the jury also concludes that John honestly believed his attorney. a) True b) False
False
True or False: According to Missouri caselaw, control of property in a manner adverse to the property rights of the owner, if it is only for an instant, is insufficient to demonstrate the intent to deprive the owner of his property permanently. a) True b) False
False
True or False: In Missouri, "there can be no conspiracy with a government informant who secretly intends to frustrate the conspiracy." a) True b) False
False
True or false: According to Missouri statute, if someone "while in an intoxicated condition operates a motor vehicle or vessel and causes the death of any person," this is sufficient for first degree involuntary manslaughter. a) True b) False
False
True or false: In Missouri, an omission to act could be the basis of a conviction for childvendangerment, but not for a conviction of involuntary manslaughter. a) True b) False
False
True or false: Liability cannot be based on a course of conduct during part of which the actor is not conscious. a) True b) False
False
True or false: Under Missouri law, consent is an affirmative, conscious decision - indicated clearly by words (e.g., saying "yes") or actions - to engage in mutually acceptable sexual activity. A verbal "no," even if perceived to be indecisive, constitutes a lack of consent. a) True b) False
False
Consider the following facts: Raymond Garnett is a young developmentally disabled man. At the time of the incident in question he was 20 years old. He has an I.Q. of 52. His guidance counselor from the Montgomery County public school system, Cynthia Parker, described him as a person who read on the third-grade level, did arithmetic on the 5th-grade level, and interacted with others socially at school at the level of someone 11 or 12 years of age. In November or December 1990, a friend introduced Raymond to Erica Frazier, then aged 13; the two subsequently talked occasionally by telephone. On February 28, 1991, Raymond, apparently wishing to call for a ride home, approached the girl's house at about nine o'clock in the evening. Erica opened her bedroom window, through which Raymond entered; he testified that "she just told me to get a ladder and climb up her window." The two talked, and later engaged in sexual intercourse. Raymond left at about 4:30 a.m. the following morning. On November 19, 1991, Erica gave birth to a baby, of which Raymond is the biological father. In Missouri, what is the most serious crime Garnett could be charged with that best fits the facts? The crimes are listed in order of increasing seriousness. a) No crime. b) Second degree statutory rape. c) First degree statutory rape. d) First degree rape.
First degree statutory rape
Suppose that a tornado is about to hit a small town. A young man, around 22, decides to tempt fate by driving closer and closer to the tornado in order to film it. As he gets very near the tornado, it gets windier and windier, and the young man gets more and more afraid. He ditches his car, and starts running back towards town. Realizing that he is in serious danger, he breaks into a warehouse to seek shelter. If the young man fails to receive a necessity defense in his criminal trial for first degree trespassing ("knowingly entering a building unlawfully"), what would be the best explanation of why? a) The danger was probably not imminent b) There was an alternative to breaking into the warehouse c) He created the emergency from which he sought to save himself by breaking into the warehouse d) First degree trespassing is not the type of crime that admits of a necessity defense
He created the emergency from which he sought to save himself by breaking into the warehouse
Consider the following facts, which took place in Illinois. On the morning of April 9, 1970, the postmaster of the Macomb, Illinois post office noticed that a package wrapped as a book rattled when shaken. He called the sheriff and in the presence of the sheriff and a deputy sheriff the package was opened. Inside the package was a book with its pages glued together and inside the pages was a cut out section containing about 140 pills identified by a test conducted on the spot as LSD. The package was rewrapped for delivery in due course. The package was addressed to Jeffrey Ackerman, 916 Henninger, Macomb, Illinois. Neither the name nor the address of the sender appeared on the package. Henninger Hall is a dormitory of Western Illinois University at Macomb and Jeffrey Ackerman, a Western Illinois student, resides at Room 916 in such Hall. After ascertaining that the package would be delivered at about noon, the sheriff, deputy sheriff, postal inspector and agent of the Illinois Bureau of Investigation set up a surveillance of the first floor of Henninger Hall. At about 2 P.M. the Ackerman came into Henninger Hall, went to his mail box and withdrew therefrom a notice that there was a package for him. He went to the counter where packages were ordinarily delivered, presented his notice, received the package, signed a receipt therefore, put the package under his arm and headed for the elevator. While so proceeding he was stopped and arrested. The package, previously opened and examined in the post office, was taken from him. Assume Missouri law applies. Given the facts, what would Ackerman's best defense to the crime of drug possession be? a) He never had control of the drugs b) He was not aware the package had drugs in it c) He only constructively possessed the drugs d) He never agreed to purchase the drugs
He was not aware the package had drugs in it
Based on the Missouri statute, what sentence best characterizes the claim of a defendant that he had "reasonably relied on an official statement of the law that later turns out to be mistaken." a) He would be saying he lacked the necessary mens rea (as in "The state has not proven every element of the crime against me.") b) He would be saying that he had a defense (as in: "Yes, I committed the crime but I have an explanation") c) He would be saying that it would be a violation of due process to convict him (as in: "I was not given fair notice of the crime against me.") d) He would be saying that the state should be barred from prosecution based on a principle of estoppel (as in: "They made a promise to me that they didn't keep").
He would be saying that he had a defense (as in: "Yes, I committed the crime but I have an explanation")
Jimmy says, "Man, I got pulled over for drunk driving after leaving the bar and having one lousy drink! But here's the thing, I didn't think I was drunk. So it wasn't like I was drunk driving because I wanted to drive drunk. I even agreed to take a breath test because I was so sure Iwasn't drunk. That's outrageous, isn't it?" Jimmy's complaint would be missing the point if: a) If the crime of drunk driving required "purposely driving drunk" b) If the crime of drunk driving required "knowingly driving drunk" c) If the crime of drunk driving were strict liability d) Both b) and c), if true, might suggest Jimmy is missing the point
If the crime of drunk driving were strict liability
Suppose a court said the following: However, there is very little evidence of any kind of resistance. It was the victim's own testimony that she did not say "no," that she did not say anything to communicate resistance, and, specifically, that she did not pull away or resist. Further, we found no evidence, express or implied, that victim did not resist out of fear of injury or harm to herself; that she considered that any resistance would be futile. In a case involving a charge of first degree sexual abuse in Missouri, the above facts would be most relevant how under Missouri law and statutes? a) In showing whether the victim "consented" or not b) In showing whether or not "forcible compulsion" was used c) In showing whether the victim "lacked the capacity" to consent d) In showing whether the victim "resisted to the utmost."
In showing whether or not "forcible compulsion" was used
Consider the following facts: In the master bedroom officers found a wallet containing Appellant's driver's license on the top of a dresser next to the bed. In a cabinet by the bed, officers recovered a .357 caliber handgun that was registered to Appellant. In the master bathroom, on the counter next to the sink, officers recovered a small, round tin containing a leafy, green substance, later found to be 20 grams of marijuana. In a drug charge in Missouri, the above is most probably relevant how? a) It could show "constructive possession." b) It could show "actual possession." c) It shows that the person possessed the drugs "for a sufficient time." d) It shows "intent to distribute."
It could show "constructive possession."
What best characterizes the following statement? "Any doubt as to whether the act charged and proved is embraced within the prohibition must be resolved in favor of the accused." a) It describes a standard of review b) It describes a burden of proof c) It describes a canon of construction d) It describes a constitutional norm
It describes a canon of construction
In State v. Spears, a homicide case, we read the following: After she retired, the victim and Defendant had a conversation during which she told him he should return to Louisville where he had previously lived, saying "you know you don't have anything here, you're just going to end up in trouble," and she further told him that his wife was a "slut." According to Defendant, that made him mad and "I just said grandma that's fine if you think she's a slut" and "I'm going to bed I'll see you in the morning." Again, drawing from his statement, he said, "In the past my grandmother was nothing too special to me. She never did treat me like you know a normal grandmother would treat a normal grandson. She always treated me bad and when she called my wife a slut it just set me off." If defendant is later convicted of the first degree murder of his grandmother, such evidence as quoted above would be most relevant to proving the offense how? a) It shows planning b) It shows complicated design c) It shows bad blood d) It shows provocation
It shows bad blood
In a case discussing the necessity defense to a conviction for possession of marijuana for medical use, a Missouri court of appeals stated: Under the Comprehensive Drug Control Act of 1989, the legislature classified marijuana as a Schedule I substance. Section 195.017.2(4), RSMo Supp.2006. In making this classification, the General Assembly determined that marijuana "(1)[h]as high potential for abuse; and (2)[h]as no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision." Section 195.017.1. Why might the above be relevant to the court's holding that necessity could not be used as a defense? a) It shows that the harm prevented by using marijuana for medicinal purposes is not greater than the harm the law against possession was designed to prevent b) It shows that the legislature has precluded the necessity defense c) It shows that duress would be the more appropriate defense in this case d) It shows that the person who claims necessity when using marijuana has only himself to blame
It shows that the legislature has precluded the necessity defense
In the Osborne case, the Missouri court wrote: The State presented the following evidence at trial: Defendant was related to J.S.'s step-father; Defendant spent a total of approximately four months interacting with the boys; Defendant purchased alcohol and cigarettes for the boys; Defendant allowed the boys to drive his car in unpopulated areas; and Defendant had an altercation with B.B.'s older brother, during which the brother confronted Defendant about buying the boys alcohol. In addition, the latest school pictures of J.S. and D.R. were both received into evidence without objection. While this evidence is the basis for the trial court's and this Court's consideration of the totality of the circumstances, we think it is particularly important to note that Defendant allowed the boys to drive in secluded unpopulated places. Such action gives rise to a reasonable inference that Defendant not only knew that the boys did not have driver's licenses, but also, coupled with the significant amount of time he spent with them during that summer, that they were not eligible to get licenses as they were under the age of sixteen. Moreover, the appearances of J.S. and D.R. in their latest school pictures, as they would have appeared to Defendant, provided the trial court vital information in drawing an inference that they were under the age of seventeen. Defendant in this case was charged with first degree child endangerment, which has as one of its elements "knowledge" that the victims were under 17. The court upheld the conviction. The evidence presented above is relevant precisely how? a) It supports the inference that the defendant was aware of a high probability his victims were under 17 years of age b) It supports the inference that the defendant was "willfully blind" to the fact that his victims were under 17 years of age c) It supports the inference that the defendant actually knew his victims were under 17 years of age d) It supports the inference that the defendant should have known his victims were under 17 years of age
It supports the inference that the defendant actually knew his victims were under 17 years of age
Joe goes over to Sally's house to look at her Thanksgiving centerpiece, constructed of origami paper. In a fit of jealousy (it is, in fact, a quite well-made centerpiece), Joe sets fire to it, and it is engulfed in flames and reduced to ashes. The fire does not spread past the centerpiece and the smoke (such as it is) from the fire quickly dissipates into the air. Which, if any, of the following Missouri crimes that Joe could be charged with best fits the facts? a) First degree arson b) Attempted first degree arson c) Second degree arson d) Joe could properly be charged with none of the above crimes
Joe could properly be charged with none of the above crimes
In State v. Smith, the Missouri court wrote the following: In showing the requisite mental state, the state need only establish that appellant must have known that death was practically certain to follow from his conduct. State v. Johnston, 868 S.W.2d at 228; State v. Harris, 825 S.W.2d 644, 647 (Mo.App.1992). Proving that appellant infallibly knew that death would follow is not required. State v. Johnston, 868 S.W.2d at 228. What mental state is the court referring to? a) Purpose b) Knowledge c) Recklessness d) Negligence
Knowledge
The following jury instruction, quoted in Dierker, best represents which test of insanity? "From all this it follows that, although you may believe and find the defendant did the killing alleged, yet if, from the evidence you further find that at the time he did he was in such an insane condition of mind that he did not know he was doing wrong, and did not comprehend the nature and character of the act, then such killing was not in law malicious or felonious, and you ought to acquit him on the ground of insanity." a) M'Naghten rule b) ALI/MPC test c) Durham/Products test d) Irresistible impulse test
M'Naghten rule
Which of the following crimes cannot be a "predicate" felony for second degree murder in Missouri? a) Child endangerment b) Assault c) Manslaughter d) None of the above
Manslaughter
In State v. Valliancourt, the New Hampshire court writes, "We have held that knowledge and______ at the scene of a crime could not support a conviction for accomplice liability because they did not constitute sufficient affirmative acts to satisfy the actus reus requirement of the accomplice liability statute." Assume the New Hampshire accomplice liability statute in this regard mirrors the accomplice liability statute in Missouri. What best fills in the blank? a) Mere words b) Mere presence c) Mere gestures d) General encouragement
Mere presence
Which of the following best describes felony murder in Missouri? a) Only dangerous felonies can be predicate felonies; proximate cause theory of liability b) Nearly all felonies can be predicate felonies; agency theory of liability c) Only dangerous felonies can be predicate felonies; agency theory of liability d) Nearly all felonies can be predicate felonies; proximate cause theory of liability
Nearly all felonies can be predicate felonies; proximate cause theory of liability
In the following excerpt from a closing argument, the attorney was likely referring to what concept with the phrase "producing cause"? In his summation the prosecutor argued repeatedly that although the immediate or direct cause of the victim's death was the conduct of the motorist who struck him, the reckless conduct of the defendants was a substantial producing cause of his death because they were "bound to anticipate that he would be struck by a car, struck and killed by a car" and "these two defendants were aware of and consciously disregarded a substantial and unjustifiable risk that death would result." a) Actual cause b) Proximate cause c) Actus reus d) Substantial step
Proximate cause
In State v. Nations, the court drew a distinction between states that treat knowledge as "actual knowledge" (like Missouri) and those which also include in "knowledge" an awareness of a "high probability that something is the case." The court says that states that do the latter - that is, say that knowledge can be an awareness of a high probability of something - confuse what two things? a) Recklessness and Knowledge b) Purpose and Negligence c) Knowledge and Negligence d) Negligence and Recklessness
Recklessness and Knowledge
In the Haynes case, the judge says to Haynes: Another element of sentencing is punishment, just straight ________. Society saying to someone, "You can't do that. If you do that, you're going to suffer for it." And in the Bergman case, Judge Frankel writes: And __________, so denominated, is in some disfavor as a reason for punishment. It remains a factor, however, as Holmes perceived, and as is known to anyone who talks to judges, lawyers, defendants, or people generally. It may become more palatable, and probably more humanely understood, under the rubric of "deserts" or "just deserts. What purpose of punishment best fills in both blanks? a) Incapacitation b) Deterrence c) Retribution d) Rehabilitation
Retribution
Jim is driving late one night and accidentally hits Harry, knocking him unconscious. Scared, Jim goes up to check on Harry and is unable to revive him. Noticing Harry's wallet in his jacket, he rifles through it and finds a Michael Wacha rookie year baseball card. It is badly damaged, and probably worth not very much. Jim takes it and drives away. In Missouri, Jim would most clearly not be guilty of: a) Stealing, because he did not take anything of monetary value. b) Robbery, because he did not forcibly steal the baseball card. c) Stealing, because he did not have the purpose of taking the card. d) Robbery, because he did not use a deadly weapon or what appeared to be a deadly weapon
Robbery, because he did not forcibly steal the baseball card
If a conviction for second degree robbery in Missouri is sustained on appeal in part because the defendant asked for money from the bank teller and then "slammed his hand forcefully on the counter," what best explains the court's interpretation of what the defendant did? a) Slamming his hand could be construed objectively as a threat of "immediate physical force." b) It could be inferred that the person making the demand had, or would shortly produce, a "deadly weapon" or "dangerous instrument." c) Slamming his hand could be construed objectively as an actual use of "immediate physical force." d) The court concluded that the bank teller subjectively feared that the defendant would use "physical force" to steal money from the bank.
Slamming his hand could be construed objectively as a threat of "immediate physical force."
The following is from the Foster case, decided in Missouri. What best fills in the blanks? To determine whether a violation of this statute has occurred, we use the _____ test of entrapment rather than the _______. State v. Willis, 662 S.W.2d 252, 254 (Mo. banc 1983). The former focuses on the "origin of intent"; the latter focuses on whether the officer's activity "should be condoned or rejected." Id. at 254. Under the _______ test, the basic question is causation—whether the person's criminal conduct was caused by the creative activity of the officer or by the person's own predisposition. a) Objective, subjective, objective b) Subjective, objective, subjective c) Unilateral, bilateral, unilateral d) Bilateral, unilateral, bilateral
Subjective, objective, subjective
If a person slaps you, and you shoot at him, why might you lose your self-defense claim, without knowing any further facts? a) You were the initial aggressor b) You should have retreated c) The amount of force you used was not reasonable d) You were not in your house
The amount of force you used was not reasonable
In an Arkansas case, Meador v. State, 664 S.W.2d 878, the court wrote, in examining the defendant's assertion of a certain defense, that "From the evidence adduced at trial, particularly the testimony of the appellant [Meador] concerning why he owed the debt to the men who allegedly forced him to rob [a] nursing home, it could be inferred that the appellant's drug dependence placed him in the position to be forced by these men to do something he might otherwise not do." Accordingly, they disallowed the defense. What defense was the court most probably referring to, and why would they disallow it? a) The court was referring to necessity, and the court would disallow it because the danger was not "imminent." b) The court was referring to duress, and the court would disallow it because Meador recklessly put himself in the situation where he was now being coerced to commit a crime. c) The court was referring to entrapment, and the court would disallow it because Meador—due to his drug dependence—was "ready and willing" to commit the crime. d) They were referring to necessity, and the court would disallow it because a person of "ordinary firmness" would have been able to resist being forced to rob a nursing home.
The court was referring to duress, and the court would disallow it because Meador recklessly put himself in the situation where he was now being coerced to commit a crime.
According to Missouri statute, a "substantial step" is "strongly corroborative" of what? a) The ability of the actor to complete the commission of the crime b) The firmness of the actor's purpose to complete the commission of the crime c) The actor's actus reus d) The agreement of the actor to complete the commission of the crime
The firmness of the actor's purpose to complete the commission of the crime
Suppose that Missouri changed a law regarding animal neglect from one that defined it as: Anyone who willfully fails to provide adequate care or adequate control of an animal that he or she owns. To one that defined it as: Anyone who fails to provide adequate care or adequate control of an animal that he or she owns. Which of the following would best characterize the change in the law? a) The law was changed from a infraction to a misdemeanor b) The law was changed into a strict liability law c) The actus reus of the law was changed d) The law was changed into an "at large" statute
The law was changed into a strict liability law
In the Vandevere case, we learn the following facts: At the time of the alleged abuse, Appellant was fifty-eight years old while the victim was sixteen years old. He was approximately six feet tall and weighed 220 pounds, while the victim was five feet three inches tall and weighed 103 pounds. Appellant used his age and position as a participant in a national child's competition to cast the image of being that of a responsible adult, an authority figure to children, an authority worthy of a mother's consent to allow interaction with her child. Such facts would be most relevant to a conviction of first degree sexual abuse how? a) They are relevant to showing whether or not there was consent b) They are relevant to showing whether there was force c) They are relevant to showing what amount of resistance would be "reasonable" d) They are relevant to showing whether the victim was acting under duress
They are relevant to showing what amount of resistance would be "reasonable"
Which of the following is a lesser included offense of burglary? a) Stealing b) Robbery in the second degree c) Trespass in the first degree d) Possession of burglar's tools
Trespass in the first degree
True or False: According to Missouri precedent, words alone, no matter how opprobrious or insulting, are not sufficient to show adequate provocation. a) True b) False
True
True or False: First degree assault in Missouri includes not only knowingly causing serious physical injury, but also the attempt to cause serious physical injury. a) True b) False
True
True or False: Second degree rape in Missouri is having sexual intercourse with another person knowing that one does so without that person's consent. By contrast, first degree sexual abuse is purposely subjecting another person to sexual contact without that person's consent. a) True b) False
True
Which of the following correctly describes the "sufficiency of the evidence" standard? a) Whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. b) Whether, after viewing the evidence in a light most favorable to the defense, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. c) Whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime more likely than not. d) Whether, after viewing the evidence in a light most favorable to the defense, any rational trier of fact could have found the essential elements of the crime more likely than not.
Whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
Consider the following facts: Rebecca had been caring for her elderly aunt for some months now, hoping to eventually recover a large portion of her aunt's considerable estate. Growing impatient with her situation and eager to collect on her aunt's will as soon as possible, Rebecca replaced her aunt's vitamins with lethal poison. When her aunt remained unaffected by the new pills, Rebecca learned that she had given the aunt a harmless herbal supplement rather than the lethal drug. Feeling remorseful about her evil motives, Rebecca then decided to just wait for her aunt's natural end. Has she committed attempted murder? a) Yes, because society has an interest in punishing people's bad thoughts. b) Yes, because Rebecca had the intent to kill her aunt and took a substantial act toward the commission of the crime. c) No, because Rebecca's decision not to go through with her plan precludes prosecution for attempted murder. d) No, because there is no way the herbal supplement could have been lethal.
Yes, because Rebecca had the intent to kill her aunt and took a substantial act toward the commission of the crime.
In a Missouri case we read, the court said in a footnote: [I]n Cates, a K Mart security officer observed the defendant stuff a pair of shoes and some fishing line in his jacket and leave the store without paying for it. Cates, 854 S.W.2d at 18. When the security officer confronted the defendant, he refused to cooperate and, in the process, pushed and shoved the officer to the ground. Id. They continued to struggle and the defendant then fled. Id. A short time later he was found with the fishing line inside his shirt, and the pair of shoes was found where he had thrown them beneath a dumpster nearby. Could such facts support a conviction for robbery? a) Yes, because there was a use of force in retaining the property b) No, because there was no use of force prior to the stealing c) Yes as to the fishing line, but no as to the shoes d) No, because we cannot infer that the defendant meant to steal the property from the facts
Yes, because there was a use of force in retaining the property
Joe falls asleep on his couch after drinking heavily. He is later accused of committing a robbery that night at a bank across town. Joe wants to introduce evidence of his drinking to help explain why he was not at the place where the robbery was committed, but rather that he was in a drunken slumber. Should his evidence of intoxication be admitted under Missouri law? a) No, because the intoxication was voluntary. b) No, because intoxication is never relevant in a criminal prosecution. c) Yes, so long as the evidence is related to his conduct on that evening and not to the negation of the mens rea for robbery. d) Yes, it can be admitted, but only for its help to the prosecution, not as part of Joe's defense.
Yes, so long as the evidence is related to his conduct on that evening and not to the negation of the mens rea for robbery.
A mental state for an offense can be directed at which of the following? a) Conduct b) Result c) Attendant circumstances d) All of the above
all of the above
What is an example of an "inchoate" crime in Missouri? a) Voluntary manslaughter b) Attempted rape c) Second degree trespass d) Sexual abuse
attempted rape
In the Rollins case, the Missouri state court said: Of course, any effort by the accused to abandon or renounce his criminal purpose _____ the offense is completed would be pertinent to the determination of "substantial step," which involves evaluating the actor's "firmness of purpose." And logically, once a "substantial step" has been taken, the abandonment of criminal purpose comes too late to avoid liability. [...] If indeed we are correct that abandonment is no longer a defense to an attempt charge, that would apparently reflect a legislative determination that any repentance _____ a "substantial step" should be pertinent to mitigation of punishment, but should not constitute an exemption from conviction of the attempt charge. What best fills in the blanks? a) Before, after b) After, before c) After, after d) Before, before
before, after
In what context is it appropriate to speak of "abandonment" as an "affirmative defense" to a criminal charge? a) Being charged with conspiracy b) Being charged with an attempt c) Being charged as an accomplice d) None of the above; Missouri does not recognize "abandonment" as a defense.
being charged as an accomplice
In the Rollins case, the court writes: Thus, if someone purposing to steal a car breaks into a garage, and then changes his mind [and decides not to steal the car] he may still be guilty not only of ______, but also of ______, though he repented of his criminal purpose after breaking into the garage. Based on the facts above, which two crimes fill in the blanks? a) Burglary and stealing b) Burglary and attempted stealing c) Attempted burglary and attempted stealing d) Attempted burglary and stealing
burglary and attempted stealing
The following quote is taken from a law review article: Where the defendant has some ultimate purpose, such as rape or robbery, which is itself criminal, his conduct should be dealt with as rape [or] robbery . . . [but where] the asportation or detention significantly increases the __________ or undesirability of the defendant's behavior . . . his conduct is no longer cumulative of the rape or robbery [or other offense] but tends to prove a separate kidnapping. Assume the quote correctly describes Missouri law. What word best fills in the blank? a) Duration b) Dangerousness c) Purposiveness d) Maliciousness
dangerousness
What is the standard of review for pure questions of law? a) Beyond a reasonable doubt b) Sufficiency of the evidence c) De novo d) Sine lege
de novo
For which two defenses is it made explicit, by specific mention in the statute, that they cannot be used as defenses to "murder"? a) Entrapment and duress b) Duress and necessity c) Entrapment and necessity d) Insanity and duress
duress and necessity
Consider the following, from a Missouri case: The evidence indicated that appellant had received a life sentence for murder and robbery in 1969. He was incarcerated for those offenses from 1967-1979 and was paroled at the age of 39. He had spent 5½ years on parole prior to selling the three cars, for which he is now facing criminal charges. Although appellant could not be considered a naive first-offender, his earlier convictions, when considered in light of his 5½ years on parole, are insufficient to prove his readiness to sell stolen automobiles. In the context of what defense would such evidence and analysis be relevant? a) Necessity b) Entrapment c) Duress d) Self-defense
entrapment
The defendant, Clay Ambrose, allegedly agreed with one Thomas Ford to rob the plant manager of the R. C. Cola Company at gun point as he left the company premises with money to be deposited in a bank. The manager performed this money transfer on a routine basis every day. He left at the same time and traveled over the same route on each daily trip. On October 27, the defendant and Thomas Ford met at Ford's house. There they agreed to commit the armed robbery. Later that same day the defendant, Thomas Ford, Marilyn Lovins, and Ford's family made a trip to the scene where the robbery would occur. They surveyed the scene and established the details of their plan. Following their initial conversation and survey of the scene the defendant and Thomas Ford, and Marilyn Lovins made several trips to the premises of the R. C. Cola Company to observe the manager transfer the money to a bank. These later trips to the proposed scene were made individually by the defendant and Thomas Ford and together with other people. On October 29, after a trip to the scene with his brother, Thomas Ford called the police and became an informer. He was directed to continue his activities with the defendant to ascertain the date of the proposed armed robbery. Before Ford could accomplish this he became involved in an argument with the defendant and withdrew from the conspiracy or plot. One day later, November 8, 1971, Ford communicated his withdrawal to the police. True or false: The timing of Ford's becoming an informant is important to whether he's guilty of conspiracy. If he was an informant from the very beginning—for example, when Ambrose and Ford were meeting at Ford's house—this would be relevant to Ambrose's liability. However, given that Ford became an informer only after they made the agreement, Ford's status as a potential informant is irrelevant. a) True b) False
false
The defendant, Clay Ambrose, allegedly agreed with one Thomas Ford to rob the plant manager of the R. C. Cola Company at gun point as he left the company premises with money to be deposited in a bank. The manager performed this money transfer on a routine basis every day. He left at the same time and traveled over the same route on each daily trip. On October 27, the defendant and Thomas Ford met at Ford's house. There they agreed to commit the armed robbery. Later that same day the defendant, Thomas Ford, Marilyn Lovins, and Ford's family made a trip to the scene where the robbery would occur. They surveyed the scene and established the details of their plan. Following their initial conversation and survey of the scene the defendant and Thomas Ford, and Marilyn Lovins made several trips to the premises of the R. C. Cola Company to observe the manager transfer the money to a bank. These later trips to the proposed scene were made individually by the defendant and Thomas Ford and together with other people. On October 29, after a trip to the scene with his brother, Thomas Ford called the police and became an informer. He was directed to continue his activities with the defendant to ascertain the date of the proposed armed robbery. Before Ford could accomplish this he became involved in an argument with the defendant and withdrew from the conspiracy or plot. One day later, November 8, 1971, Ford communicated his withdrawal to the police. True or false: The fact that Ambrose made a trip "to the scene where the robbery would occur," while significant, could not be sufficient to establish an "overt act." a) True b) False
false
True or false: For the purposes of asserting self-defense, it counts as "effective withdrawal" to depart from the scene temporarily, but then return for the purpose of renewing the confrontation. a) True b) False
false
True or false: For you to be convicted of conspiracy, you must have the purpose to commit an offense, must enter into an agreement, and you yourself—not one of your co-conspirators—must commit an "overt act." a) True b) False
false
True or false: If a defense statute says that the defendant has "the burden of injecting the issue," the defendant must ultimately prove the defense "beyond a reasonable doubt" in order to win. a) True b) False
false
True or false: In Missouri, accomplice liability always requires a "dual intent," so that you not only must purposely promote the underlying offense, but you also have to possess the requisite intent for the underlying offense. For example, if you were an accomplice in a robbery, you would have both the purpose to aid the principal in committing the robbery, and also the purpose to deprive someone of their stuff, even if you weren't actually the one taking the stuff. a) True b) False
false
True or false: The Missouri voluntary act statute specifies that "person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law or morality." a) True b) False
false
In this cause, the facts are undisputed. On the morning of April 5, 1997, the two defendants went to the offices of Reproductive Health Services (RHS), an abortion clinic in the City of St. Louis. Both defendants entered the RHS offices just as that facility was opening. Defendants intended to prevent the abortions scheduled to be performed that day. Toward that end, defendants attempted to dissuade abortion patients from having abortions, by advising those patients about the physical and psychological dangers of abortion. When it became apparent to defendants that their efforts at persuasion had failed and that the patients were about to enter the abortion facility, defendants blocked access to the abortion procedure rooms by sitting in the doorway to those rooms. Defendants were then requested by agents of RHS to leave the premises. Defendants refused to do so. Police officers for the City of St. Louis were called to the scene, and the officers placed defendants under arrest. Defendants refused to assist in moving themselves off the premises, and were, therefore, lifted and carried off the premises by police officers. What is the most serious crime the defendants can be convicted of? The crimes are listed in order of increasing seriousness. a) Second degree trespassing b) First degree trespassing c) Unlawful assembly d) First degree assault
first degree trespassing
Fill in the blank: The offense of kidnapping should not be used in situations where the movement or confinement is ____________ to another offense. a) "Practically necessary" b) "Causally related" c) "Merely incidental" d) "Ex post facto"
merely incidental
In this cause, the facts are undisputed. On the morning of April 5, 1997, the two defendants went to the offices of Reproductive Health Services (RHS), an abortion clinic in the City of St. Louis. Both defendants entered the RHS offices just as that facility was opening. Defendants intended to prevent the abortions scheduled to be performed that day. Toward that end, defendants attempted to dissuade abortion patients from having abortions, by advising those patients about the physical and psychological dangers of abortion. When it became apparent to defendants that their efforts at persuasion had failed and that the patients were about to enter the abortion facility, defendants blocked access to the abortion procedure rooms by sitting in the doorway to those rooms. Defendants were then requested by agents of RHS to leave the premises. Defendants refused to do so. Police officers for the City of St. Louis were called to the scene, and the officers placed defendants under arrest. Defendants refused to assist in moving themselves off the premises, and were, therefore, lifted and carried off the premises by police officers. The case from which the above facts are taken includes the following passage: As to her first point, appellant argues that she is entitled to the defense of ______ because her presence upon the property was solely to rescue and protect unborn children from an abortion. What best fills in the blank? a) Duress b) Necessity c) Self-defense d) Entrapment
necessity
Suppose a person drives drunk, and claims that he needed to do so to avoid someone chasing him and who threatened to kill him. If he is arrested for drunk driving, he could make a claim of: a) Self-defense b) Necessity c) Duress d) Involuntary intoxication
necessity
John wants a water bottle he sees on the table. He asks a man sitting next to the water bottle—whom John thinks is the owner—whether he can have it. The man says, "sure: go ahead." Turns out the water bottle did not belong to the man, but to Joe, who was in the bathroom. Is John guilty of stealing? a) Yes b) No
no
A United States Supreme Court case, Kansas v. Hendricks, dealt with the "Sexually Violent Predator Act." The Act provided that sexual offenders who had completed their prison sentences could nonetheless be civilly committed for an indefinite period of time. It was challenged by Leroy Hendricks, who claimed in part that it amounted to a violation of ex post facto. In a key passage in its decision, the Court wrote: Our conclusion that the Act is ________ thus removes an essential prerequisite for both Hendricks' double jeopardy and ex post facto claims. What best fills in the blank in the Court's statement? a) "Excessive with respect to its purpose" b) "Not cruel and unusual" c) "Punitive" d) "Nonpunitive"
nonpunitive
What best fills in the blank in the following quotation? Second, we consider appellant's contention that the statute is _______ and denies due process because its application is not limited to obscenities or fighting words and can be applied to otherwise protected speech. a) Vague b) Absurd c) Overbroad d) Unconstitutional
overbroad
A man starts throwing rocks from a bridge that overlooks an expressway. He knows that cars travel down the expressway and that a rock could hit one of them, but he just doesn't care. It's not that he wants to hit a car; it's that he's just indifferent to the possibility of hitting a car. As regards the possibility of hitting a car below, the man is acting: a) Purposely b) Knowingly c) Recklessly d) Negligently
recklessly
Which of the following crimes can be committed with a "reckless" mens rea? a) Second degree burglary b) Stealing c) Second degree assault d) None of the above
second degree assault
Which of the following is a lesser included offense of first degree burglary? a) Stealing b) Second degree robbery c) Second degree burglary d) All of the above
second degree burglary
Suppose that Pete is found to have knowingly killed someone in a sudden passion, but that passion was not provoked by an adequate cause. What kind and degree of homicide best describes Pete's crime? a) First degree murder b) Second degree murder c) Voluntary manslaughter d) Involuntary manslaughter
second degree murder
What best fills in the blank? However, it is well settled in Missouri that intent to ______ may be shown by unlawful entry into a building containing items of value. a) Trespass b) Steal c) Commit burglary d) Rob
steal
Matilda received a failing grade from Fred, her science teacher. In retaliation, she falsely accuses Fred of selling drugs to her classmates. Unable to dispel the rumors, Fred's teaching performance goes south, and Fred is fired. One year later, unable to find work and having recently been divorced by his wife, a despondent Fred commits suicide. If Matilda is charged with involuntary manslaughter, her strongest defense is probably a) that she did not have the purpose of causing Fred's death b) that she acted in a state of duress c) that she acted in the "heat of passion" d) that she did not proximately cause Fred's death
that she did not proximately cause Fred's death
In this cause, the facts are undisputed. On the morning of April 5, 1997, the two defendants went to the offices of Reproductive Health Services (RHS), an abortion clinic in the City of St. Louis. Both defendants entered the RHS offices just as that facility was opening. Defendants intended to prevent the abortions scheduled to be performed that day. Toward that end, defendants attempted to dissuade abortion patients from having abortions, by advising those patients about the physical and psychological dangers of abortion. When it became apparent to defendants that their efforts at persuasion had failed and that the patients were about to enter the abortion facility, defendants blocked access to the abortion procedure rooms by sitting in the doorway to those rooms. Defendants were then requested by agents of RHS to leave the premises. Defendants refused to do so. Police officers for the City of St. Louis were called to the scene, and the officers placed defendants under arrest. Defendants refused to assist in moving themselves off the premises, and were, therefore, lifted and carried off the premises by police officers. In deciding the case, the appeals court wrote the following: The finding that life begins at conception must be construed in the total context of § 1.205 and in the light of the present state of the law relating to abortions and the continuing holdings of the Supreme Court of the United States. When so construed, the finding and declaration of when life begins is qualified by, and subject to, the decisions of the Supreme Court which hold that a woman's right to an abortion remains a constitutionally protected right. The finding and declaration of when life begins at conception is not absolute. Furthermore, the General Assembly, in subsection 2 of § 1.205 explicitly recognized that the laws of this state shall be interpreted to acknowledge that an unborn child is entitled to all the rights available to other persons but are subject to the Constitution and the decisional interpretations thereof by the Supreme Court of the United States. The above most probably suggests that the court is rejecting the plaintiff's defense in light of what consideration? a) The protestors were never in any danger. b) The action of the defendants couldn't completely prevent the harm. c) The value of the "right to choose" outweighs the "right to life." d) The legislature had precluded the defense.
the legislature had precluded the defense
A statute that is vague can generally be said to be a violation of what kind of right? a) The right to free speech b) The right to due process c) The right to have guilt proven "beyond a reasonable doubt" d) The right to have criminal statutes construed in favor of the defendant
the right to due process
True or false: A difference between first degree assault and the other degrees of assault is that first degree assault always is somehow related to a "serious physical injury" whereas the other degrees of assault sometimes refer to only a "physical injury." a) True b) False
true
True or false: If one knew of a planned criminal offense and was present during the offense, this may not be enough for accomplice liability. However, proof of a prior connection with the offender—such as a friendship—could be enough to push "mere presence" into something more, e.g., accomplice liability. a) True b) False
true
True or false: Under the Missouri rape statutes, if you administer a substance without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse, and you have sex with them, this counts as having sex by use of "forcible compulsion." a) True b) False
true
What word best and most precisely fills in the blank in this passage? Appellant relies upon Smith v. Goguen (1974), wherein a Massachusetts statute making it a crime to "treat contemptuously" the flag of the United States was found ______ because enforcement officials had virtually unfettered discretion to determine which conduct was contemptuous and subject to prosecution. a) Unconstitutional b) Ex post facto c) Absurd d) Vague
vague
In Missouri, what best represents a major difference between first and second degree arson? a) Whether an inhabitable structure was burned or merely a building b) Whether it is knowingly damage or recklessly damage c) Whether a person was put at danger or not d) Whether a person was put at danger of death or only serious physical injury
whether a person was put at danger or not
