Criminal Law 101: The Foundations
Most of the cases involving crimes of theft are non-violent offenses. They include things like larceny, grand larceny, grand theft, petty theft, shoplifting, burglary, breaking and entering, embezzlement, false pretense, false representation, conversion, and fraud. Most of the common offenses also involve some kind of property or money. For example larceny is the unlawful taking and carrying away of someone else’s personal property. Grand larceny involves property valued above a certain amount (varies by jurisdiction) while petty larceny, often a misdemeanor is property valued below a certain amount. Larceny and grand larceny can be related to robberies, but robbery is different in that it involves force or threat of force.
Assault (or civil assault) is an attempted battery. Battery is the unlawful touching or the application of force to another. Aggravated assault is an assault where the attacker has a deadly weapon or something likely to produce serious body injury. Similarly aggravated battery may involve the infliction of serious body harm or the use of a deadly weapon. Some jurisdictions combine aggravated assault and aggravated battery into one category.
Murder and manslaughter (which are common law and statutory offenses) are both homicides. Murder is usually defined under two headings. Murder in the first degree generally includes premeditated killings , and murder in the second degree usually involves killings with a vicious motive.
Manslaughter is simpler. It can be voluntary or involuntary. Voluntary manslaughter involves an intentional killing under conditions that don’t merit first degree murder. Manslaughter requires provocation that results in the defendant losing control. Involuntary manslaughter involves an unintentional killing caused during an inherently dangerous act or during an act done with reckless disregard for human life. Under a model statue, a killing may be classified as voluntary or involuntary depending on the reason for the killing. This means that a suspect may be charged with either type of manslaughter and the jury will decide the relevant degree for punishment. Regarding involuntary manslaughter, most jurisdictions also provide for a vehicular manslaughter statute designed to punish accidental killings caused by motor vehicles.
The Role of Multiple Choice Questions in Criminal Law
Early in the editing process of this eBook, one of the questions posed to me by a new editor concerned the choice of multiple choice questions as a learning method. My editor wondered if learning becomes rote, and then ultimately stagnant, for law students who only study using multiple choice questions.
As evidence of this concern, he cited a common (and sometimes unfortunately true) stereotype that Asian students, who tend to perform particularly well on standardized tests, struggle with traditional case analysis. They learn each case in isolation, but do not know how to combine the lessons learned component of several different cases.
In my experience, most bar preppers, and law students in general, do best when they attack content from two angles at once: developing the capacity to analyze and synthesize by doing traditional reading exercises and actively using multiple choice questions as a means to reinforce what they’ve learned through context.
The active use of multiple choice questions is key to this rule. As noted throughout this eBook, reading answers is one of the worst things that students can do. Spending too much time in passive consumption — reading or watching law videos — is bad for another reason that has come to light in recent years: it contributes to what neuroscientists refer to as "cognitive load."
Drs. Yana Pavlova and Georgy Korotkov — of the South Federal University in Russia — define cognitive load as the amount of strain on working memory that learning requires. For example, if you are trying to read while someone is blasting music, talking to you and shining a flashlight into your eyes, your cognitive load is high. You may also experience cognitive overload if you are trying to learn about an entirely new subject while taking the exam in an exam room that is hot, noisy and filled with fluorescent lights.
As applied to the relationship between cognitive load and learning, cognitive overload occurs when an individual is exposed to excessive information in a learning opportunity. Information overload "disrupts the perceptual, cognitive, and motor processes involved in reaching the goals associated with the task." Cognitive overload negatively affects student performance, and may even lead to anxiety, according to researchers.
From a practical perspective, what does this mean for you? It emphasizes that simple tasks, such as taking a test, may present more of a challenge than you might believe. When this happens — and you don’t take steps to address it by reducing your cognitive load — your exam performance suffers, regardless of how well you know the material. Use multiple choice tests, and other lower stress means of interacting with the material (like scavenger hunt knowledge games or fill in the blank exercises) to keep cognitive load low when practicing.
Topics Frequently Explored in Criminal Law Questions
Several common threads run through criminal law multiple choice questions. Mens Rea, the translation of which varies according to jurisdiction, refers to the requisite state of mind to commit a crime. Typically, crimes fall into one of 11 categories for mens Rea, including negligence, recklessness, criminal negligence, disregard of substantial risk, indifference to human life, knowledge, and others. Generally, the mens Rea required for a crime is determined by reference to the Model Penal Code as well as cases applying the Model Penal Code.
Actus reus refers to any and all elements constituting the act constituting a crime. In most criminal statutes, actus reus includes the specific performance of an act, or in the alternative, not performing an act that one has a legal duty to perform. Actus reus is therefore an overt crime committed (or an omission of a legal duty) against an individual or society at large. Other examples of actus reus include the knowing possession of certain items such as drugs and firearms, or committing crimes such as battery or larceny.
Other common topics include mens rea and actus reus analyzed together in relation to the "evil hand/innocent mind" principle of common law, causation, inchoate liability, criminal defenses, and punishment.
Tips for Tackling Multiple Choice Questions
When approaching multiple choice questions, you should read the fact pattern, answer, and then the explanation. The explanation is invaluable because you will actually learn what you got wrong. If you got the wrong answer, you have to go back and see if you can understand why you picked the wrong answer. It may be facts that you missed or an application of a particular rule. The idea is to narrow it down to the reasons you know you got the question wrong. You are not always going to be able to identify why you got the question wrong, but when you can, that’s when you will good on the exam. Many students mess up in criminal law because they read the fact pattern, they see what the fact pattern is and they think they know the answer. They don’t really read the answer. Then they get mad when I tell them the right answer is D. They say how could that be? I tell them because you didn’t go through the explanation. Criminal law is probably the most heavily tested subject. People that learn this , do so well on the test. The final exam is a week from Tuesday. Now is the time to go through whatever your practice exam is. I have put together a summary sheet which is supposed to take two hours. It took me three hours to do it with I took it. It tells you all the stuff that is really important for this exam, really important for your practice exam, and what you should really be paying attention to. Get that sheet done. The last thing you want to do is to overlook the explanation. That’s for your benefit only, not mine. It is also important to use the process of elimination. You can use the process of elimination throughout your entire exam. Even if you’re not sure what the answer is, make an educated guess, but look at the other answers. Do you know which one it is? Could they eliminate them? When looking at the four answer choices, while you’re waiting on the answer to come up, look to see if you can eliminate any of the answers. If you can eliminate an answer, you have increased your chances to 50%.
Examples of Multiple Choice Questions and Their Solutions
Question 1:
The defendant was charged with the crime of possession of a controlled substance. The police officer who arrested the defendant did not advise him of his Miranda warning until thirty minutes after he was arrested. The defendant made a statement while in custody, but before being advised of his rights. What is the appropriate response to location the statement under the rules of evidence in Michigan?
A) The statement is inadmissible because the defendant was not advised of his Miranda warning for thirty minutes after his arrest.
B) The statement is admissible because the failure to advise the defendant of his Miranda warning for thirty minutes does not render the statement involuntary.
C) The statement is inadmissible because the defendant was not advised of his Miranda warning until before being charged with the crime.
D) The statement is inadmissible because the defendant was not advised of his Miranda warning before making the statement.
Answer:
B) The statement is admissible because the failure to advise the defendant of his Miranda warning for thirty minutes does not render the statement involuntary.
The issue is whether the failure to give Miranda Warnings was a substantial factor leading to an involuntary confession, such that Miranda was violated. A confession is considered voluntary if it is freely and willingly made by the defendant. Involuntary confessions violate the Fifth Amendment, which guarantees individuals that they may not be compelled to be witnesses against themselves in a criminal case. Documents and articles that fall under the Fifth Amendment are considered testimonial. This means that they must be protected from being imported into evidence against someone in a criminal case unless the individual chooses to reveal them. In Michigan, a confession must be made freely, willingly, and voluntarily in order to be admissible as evidence.
Question 2:
While driving on the highway the defendant negligently swerved into the lane next to him, colliding with another vehicle, resulting in injuries to the other part, who died from the injuries the next day. The defendant does not believe that he was negligent when driving on the highway. The defendant was convicted of involuntary manslaughter under common law. Could the State use the Uniform Vehicle Code to successfully prosecute the defendant for vehicular homicide under statutory law?
A) No, because the defendant did not violate any traffic laws in order to successfully prosecute him under the Uniform Vehicle Code.
B) Yes, the Uniform Vehicle Code allows for prosecution of involuntary manslaughter under statutory law
C) Yes, violation of traffic laws under the Uniform Vehicle Code constitutes negligent homicide.
D) Yes, because the State was unable to successfully prosecute the defendant for involuntary manslaughter under common law, the State could therefore use the Uniform Vehicle Code to successfully prosecute the defendant for vehicular homicide under statutory law.
Answer:
C) Yes, violation of traffic laws under the Uniform Vehicle Code constitutes negligent homicide.
An unlawful act under the Uniform Vehicle Code is a traffic offense that leads to death. Any violation of a traffic statute will lead to conviction of negligent homicide. A violation of any state statute has the same effect of negligent homicide.
Where to Find More Practice Questions and Resources
In addition to the resources mentioned throughout this post, there are a number of other resources available for practicing criminal law multiple choice questions. Many law school textbooks and study aids include practice questions at the end of each chapter or volume. These questions can be a helpful resource in familiarizing yourself with the format and content of criminal law multiple choice questions. A few examples include:
- Criminal Law: Concepts and Practice (LexisNexis, 2nd ed. 2018). This is a comprehensive criminal law textbook that includes practice questions throughout, as well as a final exam at the back of the book. Many of the multiple choice questions in this book are organized by topic, making it easy to practice a specific area.
- Examples & Explanations: Criminal Law (Aspen Student Treatise Series, 8th ed. 2018). This study aid includes illustrative examples and practice problems throughout. Selections from the criminal law question bank by Kahn (Book 1) and Garvey (Book 5) are included.
- Emanuel Law Outlines: Criminal Law (Emanuel Bar Review Outlines , 13th ed. 2017). This outline also includes a large number of multiple choice questions at the end of each chapter along with answer guides.
For students preparing for the bar exam, study guides and bar prep courses often include a set of practice questions for each substantive area. The answer key will often provide the logic behind the answer choice as well as hint at some of the other questions you may encounter on the bar exam. Examples include:
– Kaplan PMBR Comprehensive Bar Review, Substantive Law Volumes. These books are generally organized into chapters based on subject matter. Each chapter contains several problems, and a topic review at the start of each chapter. Answers to the problems are found at the end of each chapter.
– Kaplan PMBR Multistate Preliminary Bar Examination. This is a graded bar style exam that helps students to take a timed multiple choice exam and receive an analysis of their performance. It is no longer part of the official release.