Criminal Law Multiple Choice Questions
with correct answers
95% of criminal cases are heard in ... - CORRECT ANSWERS-state courts
A 28 year old defendant had sexual intercourse with a 15 year old, who charged money
for sex. When he asked, the 15 year old told the defendant that she was 18. The
defendant is charged with statutory rape under a statute that makes sexual relations
with a child under the age of 16 a felony.
Will the defendant be convicted? - CORRECT ANSWERS-Yes, because this is a strict
liability crime
A boyfriend and his girlfriend broke into a house at night with intent to steal a stereo
system. They believed that the owner was away on a business trip, but in fact he was
sleeping in an upstairs bedroom. While they were inside the house, the girlfriend
announced that she had changed her mind and urged her boyfriend to leave. The owner
was awakened by the noise downstairs and went to investigate. Upon seeing the owner,
the girlfriend again urged her boyfriend to flee. Instead, the boyfriend attacked the
owner and tied him up with a rope. He and the girlfriend then left with the owner's stereo
equipment. After they left, the owner choked on the ropes while trying to free himself.
The boyfriend and his girlfriend were charged with murder but were acquitted. After the
acquittal, the girlfriend was apprehended and prosecuted for felony murder.
Which of the following is the girlfriend's best defense? - CORRECT ANSWERS-The
girlfriend withdrew from the commission of the underlying felony of burglary
A boyfriend and his girlfriend were attending a house party. While the party was in
progress, a few teenagers from the neighborhood vandalized some of the cars parked
outside the house. They broke the headlights and stole the battery from the boyfriend's
car. When the party ended, the boyfriend and his girlfriend left the house and got into
his car. The boyfriend, who was about to drive his girlfriend home, was unaware of what
had happened. He tried to start the car, but it wouldn't turn on. Two police officers who
were parked outside of the house, watched the boyfriend as he tried to start the car.
They then approached the boyfriend and charged him with attempting to violate a local
ordinance making it a misdemeanor to knowingly drive at night without headlights.
,The boyfriend's best defense to the charge is: - CORRECT ANSWERS-no requisite
intent
A college student was the sole lifetime beneficiary under a large trust administered by a
banker. The student received a large monthly distribution from the trust, and whenever
he ran short, he simply called the banker for extra funds, because the trust provided that
the student was to receive whatever he needed from income or principal. The student's
roommate found out about the trust arrangement and decided to see if he could make it
pay off for him. The roommate sent a telegram to the banker, which appeared to be
from the student, and which asked for several thousand dollars to cover medical
expenses. The telegram further stated that, since he was in the hospital, the student
would send his roommate to pick up the cash. The next day, the roommate showed up
at the banker's office and obtained the money on the promise that he would take it to
the student. The roommate absconded with the funds.
When the roommate obt - CORRECT ANSWERS-larceny by trick
A defendant entered a bar and ordered a beer. The bartender politely told the defendant
he would have to wait until two other patrons were served. The defendant became irate
and pulled out a small penknife. Although the defendant intended only to frighten the
bartender, he accidentally nicked the bartender's arm with the penknife. The bartender's
arm became infected, and he died from gangrene two months later.
The most serious crime that the defendant can be convicted of it: - CORRECT
ANSWERS-Involuntary manslaughter
A defendant hated his boss, who had recently demoted him to a less prestigious
position. Late one afternoon, the defendant saw his boss walking down the hallway. The
defendant pulled out a gun and fired four shots at his boss. Although none of the bullets
directly hit his boss, one of the shots ricocheted against a wall and struck the boss in
the head, killing him instantly.
What is the most serious crime that the defendant can be convicted of? - CORRECT
ANSWERS-Murder
A defendant set fire to a victim's house. The victim was upstairs sleeping when the
defendant set fire to the house, and he died in his bedroom during the fire. The
defendant was charged with felony murder. Which of the following, if proved, would be
LEAST likely to remove liability for felony murder? - CORRECT ANSWERS-The
defendant did not intend to kill the victim.
A defendant shot and killed a victim. The defendant was arrested and charged with first
degree murder. The jurisdiction defines first degree murder as knowingly or willfully
causing the death of another human being.
, Which of the following situations would most likely result in the defendant's acquittal? -
CORRECT ANSWERS-The defendant intended to kill himself, but the bullet grazed his
head and struck and killed the victim.
A defendant was driving his automobile at a legal speed in a residential zone. A child
darted out in front of him and was run over and killed before the defendant could
prevent it. The defendant's driver's license had expired three months previously; the
defendant had neglected to check when it was due to expire. Driving without a valid
license is a misdemeanor in the jurisdiction. On a charge of manslaughter, the
defendant should be found: - CORRECT ANSWERS-not guilty because the offense was
not the proximate cause of the death
A defendant was playing cards with a group of friends at their weekly poker game.
Earlier in the evening, one of the players handed the defendant a gun and told him it
was unloaded. As a joke, the defendant pointed the gun at one of his friends and pulled
the trigger. Unknown to the defendant, the gun was loaded and hit discharged. The
bullet grazed the friend's shoulder, slightly wounding him. The defendant was charged
with assault with intent to kill. In this jurisdiction, batter is a lesser included offense of
assault.
At trial, the defendant requested that the court instruct the jury that if his mistake was
honest, whether reasonable or unreasonable, it would be a valid defense to assault and
the lesser included offense of battery. Conversely, the prosecution wanted the court to
instruct the jury that in order for the defendant's mistake to be a valid defense for either
crime, it must be reasonable.
Regarding t - CORRECT ANSWERS-The defendant is correct with respect to assault,
and the prosecution is correct with respect to battery
A defendant was walking through a park when he decided to rob someone. He hid
behind a tree, lying in wait for a victim to approach. Shortly thereafter, a girl was strolling
in the park when the defendant suddenly jumped from his hiding place and accosted
her. Although the defendant intended only to rob his victim, he punched her in the
mouth and she fell to the ground. The defendant then grabbed her purse and fled.
Unknown to the defendant, the girl suffered a fractured skull when her head struck the
pavement. She subsequently died from her head injuries.
Which of the following is the most serious crime for which the defendant can be found
guilty? - CORRECT ANSWERS-Felony murder
A defendant's roommate asked if he would deliver a package on his drive back to
school. The defendant agreed, and the roommate gave him a small package. On his
way, the defendant was stopped for speeding. When the state trooper asked the
defendant for his license and registration, he reached into the glove compartment. As
he did, the package that his roommate had given him broke open, revealing a plastic
envelope of cocaine. The state trooper arrested the defendant for possession of illegal
with correct answers
95% of criminal cases are heard in ... - CORRECT ANSWERS-state courts
A 28 year old defendant had sexual intercourse with a 15 year old, who charged money
for sex. When he asked, the 15 year old told the defendant that she was 18. The
defendant is charged with statutory rape under a statute that makes sexual relations
with a child under the age of 16 a felony.
Will the defendant be convicted? - CORRECT ANSWERS-Yes, because this is a strict
liability crime
A boyfriend and his girlfriend broke into a house at night with intent to steal a stereo
system. They believed that the owner was away on a business trip, but in fact he was
sleeping in an upstairs bedroom. While they were inside the house, the girlfriend
announced that she had changed her mind and urged her boyfriend to leave. The owner
was awakened by the noise downstairs and went to investigate. Upon seeing the owner,
the girlfriend again urged her boyfriend to flee. Instead, the boyfriend attacked the
owner and tied him up with a rope. He and the girlfriend then left with the owner's stereo
equipment. After they left, the owner choked on the ropes while trying to free himself.
The boyfriend and his girlfriend were charged with murder but were acquitted. After the
acquittal, the girlfriend was apprehended and prosecuted for felony murder.
Which of the following is the girlfriend's best defense? - CORRECT ANSWERS-The
girlfriend withdrew from the commission of the underlying felony of burglary
A boyfriend and his girlfriend were attending a house party. While the party was in
progress, a few teenagers from the neighborhood vandalized some of the cars parked
outside the house. They broke the headlights and stole the battery from the boyfriend's
car. When the party ended, the boyfriend and his girlfriend left the house and got into
his car. The boyfriend, who was about to drive his girlfriend home, was unaware of what
had happened. He tried to start the car, but it wouldn't turn on. Two police officers who
were parked outside of the house, watched the boyfriend as he tried to start the car.
They then approached the boyfriend and charged him with attempting to violate a local
ordinance making it a misdemeanor to knowingly drive at night without headlights.
,The boyfriend's best defense to the charge is: - CORRECT ANSWERS-no requisite
intent
A college student was the sole lifetime beneficiary under a large trust administered by a
banker. The student received a large monthly distribution from the trust, and whenever
he ran short, he simply called the banker for extra funds, because the trust provided that
the student was to receive whatever he needed from income or principal. The student's
roommate found out about the trust arrangement and decided to see if he could make it
pay off for him. The roommate sent a telegram to the banker, which appeared to be
from the student, and which asked for several thousand dollars to cover medical
expenses. The telegram further stated that, since he was in the hospital, the student
would send his roommate to pick up the cash. The next day, the roommate showed up
at the banker's office and obtained the money on the promise that he would take it to
the student. The roommate absconded with the funds.
When the roommate obt - CORRECT ANSWERS-larceny by trick
A defendant entered a bar and ordered a beer. The bartender politely told the defendant
he would have to wait until two other patrons were served. The defendant became irate
and pulled out a small penknife. Although the defendant intended only to frighten the
bartender, he accidentally nicked the bartender's arm with the penknife. The bartender's
arm became infected, and he died from gangrene two months later.
The most serious crime that the defendant can be convicted of it: - CORRECT
ANSWERS-Involuntary manslaughter
A defendant hated his boss, who had recently demoted him to a less prestigious
position. Late one afternoon, the defendant saw his boss walking down the hallway. The
defendant pulled out a gun and fired four shots at his boss. Although none of the bullets
directly hit his boss, one of the shots ricocheted against a wall and struck the boss in
the head, killing him instantly.
What is the most serious crime that the defendant can be convicted of? - CORRECT
ANSWERS-Murder
A defendant set fire to a victim's house. The victim was upstairs sleeping when the
defendant set fire to the house, and he died in his bedroom during the fire. The
defendant was charged with felony murder. Which of the following, if proved, would be
LEAST likely to remove liability for felony murder? - CORRECT ANSWERS-The
defendant did not intend to kill the victim.
A defendant shot and killed a victim. The defendant was arrested and charged with first
degree murder. The jurisdiction defines first degree murder as knowingly or willfully
causing the death of another human being.
, Which of the following situations would most likely result in the defendant's acquittal? -
CORRECT ANSWERS-The defendant intended to kill himself, but the bullet grazed his
head and struck and killed the victim.
A defendant was driving his automobile at a legal speed in a residential zone. A child
darted out in front of him and was run over and killed before the defendant could
prevent it. The defendant's driver's license had expired three months previously; the
defendant had neglected to check when it was due to expire. Driving without a valid
license is a misdemeanor in the jurisdiction. On a charge of manslaughter, the
defendant should be found: - CORRECT ANSWERS-not guilty because the offense was
not the proximate cause of the death
A defendant was playing cards with a group of friends at their weekly poker game.
Earlier in the evening, one of the players handed the defendant a gun and told him it
was unloaded. As a joke, the defendant pointed the gun at one of his friends and pulled
the trigger. Unknown to the defendant, the gun was loaded and hit discharged. The
bullet grazed the friend's shoulder, slightly wounding him. The defendant was charged
with assault with intent to kill. In this jurisdiction, batter is a lesser included offense of
assault.
At trial, the defendant requested that the court instruct the jury that if his mistake was
honest, whether reasonable or unreasonable, it would be a valid defense to assault and
the lesser included offense of battery. Conversely, the prosecution wanted the court to
instruct the jury that in order for the defendant's mistake to be a valid defense for either
crime, it must be reasonable.
Regarding t - CORRECT ANSWERS-The defendant is correct with respect to assault,
and the prosecution is correct with respect to battery
A defendant was walking through a park when he decided to rob someone. He hid
behind a tree, lying in wait for a victim to approach. Shortly thereafter, a girl was strolling
in the park when the defendant suddenly jumped from his hiding place and accosted
her. Although the defendant intended only to rob his victim, he punched her in the
mouth and she fell to the ground. The defendant then grabbed her purse and fled.
Unknown to the defendant, the girl suffered a fractured skull when her head struck the
pavement. She subsequently died from her head injuries.
Which of the following is the most serious crime for which the defendant can be found
guilty? - CORRECT ANSWERS-Felony murder
A defendant's roommate asked if he would deliver a package on his drive back to
school. The defendant agreed, and the roommate gave him a small package. On his
way, the defendant was stopped for speeding. When the state trooper asked the
defendant for his license and registration, he reached into the glove compartment. As
he did, the package that his roommate had given him broke open, revealing a plastic
envelope of cocaine. The state trooper arrested the defendant for possession of illegal
