gould’s “mcq’s in the morning” multiple choice program: criminal law questions, 151-160 ©...

GOULD’S “MCQ’s in the MORNING”Multiple Choice Program:

CRIMINAL LAW QUESTIONS, 151-160

© 2012 GOULD’S, ALL RIGHTS RESERVED.


151. Abe told Ben that Ben could use Abe’s car to go see a baseball game. Instead, Ben intended to take Abe’s car on a fishing vacation. After the vacation, Ben decided to move to the fishing village, and kept Abe’s car, and did not return the car.

If Ben is charged with larceny, what is the likely result?

A. Guilty, because Ben had rightful possession and then converted the car.B. Not guilty, because Abe loaned his car to Ben.C. Guilty, because Ben did not return the car to Abe.D. Not guilty, if Ben had a necessity to use the car.


151. CORRECT ANSWER: C.

Larceny is the trespassory taking and carrying away of the personal property of another, with the intent to permanently deprive the owner of their property. Where a defendant takes someone’s property, but intends to return it, and then changes their mind and keeps the property, the intent element for larceny will be present. In this situation, when the consent to use the car ended, defendant intentionally decided to continue using the car, thus indicating a continuing trespass and larceny.


152. Abe told Ben that Ben could use Abe’s car to go see a baseball game. That day, after having some beers at the baseball game, Ben took Abe’s car radio, before Ben returned Abe’s car. Ben was charged with larceny, and asserted an affirmative defense that he was intoxicated, and therefore lacked specific intent to deprive Abe of Abe’s car radio.

With regard to whether Ben was intoxicated such that he could not form the requisite intent for larceny, the jury charge should include the instruction for what type of burden of proof?

A. Prosecutor must establish beyond a reasonable doubt that Ben had the capacity to formulate the requisite intent for larceny.B. Prosecutor must establish with clear and convincing evidence that Ben had the capacity to formulate the requisite intent for larceny.C. Ben must establish beyond a reasonable doubt that his capacity to formulate the requisite intent for larceny was diminished.D. Ben must establish with a preponderance of the evidence that his capacity to formulate the requisite intent for larceny was diminished.


152. CORRECT ANSWER: A.

The burden of proof in a criminal trial is on the prosecution to prove every element of a crime beyond a reasonable doubt. This situation relates to a jury charge for defendant’s intent, and in a criminal law situation, the jury charge is that the burden of proof is on the prosecution, and the level of proof is beyond a reasonable doubt.


153. Abe told Ben that Ben could use Abe’s car to go see a baseball game. Ben did not return the car until the next day. Enraged, Abe took out a gun and shot at Ben. The bullet missed Ben, and hit Ben’s friend, Curt, injuring Curt, but not killing him.

If Abe is charged with the attempted murder of Curt, what is the likely result?

A. Acquittal, because Abe did not intend to kill Curt.B. Acquittal, because Curt was injured, but did not die.C. Conviction, because Abe intended to kill Ben.D. Conviction, because Abe took a substantial step in effectuating the death of Curt.



Attempt is a crime where a defendant intends to commit a specific intent crime, and takes some actions to commit the crime, but does not complete the crime. Attempt will be present if the defendant enacts an act in furtherance of the specific intent to commit a crime, that goes beyond mere preparation to commit a crime. The crime of attempt merges with the completed crime. The required mental state will exist for an attempt crime where the defendant intended to do acts which would have resulted in the commission of the crime. Attempted murder is a specific intent crime, therefore, the only malice state that will support a charge of attempted murder, is intent to kill murder. In this situation, defendant did not specifically intent to kill the person that was struck with the bullet, therefore there is no attempted murder of the person that was struck by the bullet.


154. Abe told Ben that Ben could use Abe’s car to go see a baseball game. When Ben returned late, Abe told Ben at gunpoint to go steal Curt’s car, so that Abe could have two cars instead of one. Abe cocked the gun as he issued his directive to Ben. Ben went and took Curt’s car, and parked the car in the back of Abe’s house.

Did Ben commit larceny?

A. No, because Ben was threatened with deadly force.B. Yes, because Ben took Curt’s personal property, with the intent to permanently deprive Curt of Curt’s property.C. No, because Ben was an innocent agent of Abe’s plot.D. Yes, because Ben did not have rightful possession of Curt’s car before the taking, therefore the taking was trespassory.



Duress is a defense where the defendant acted because of significant force or threats of force from another person, such that the defendant feared imminent death or harm to themselves or to family members. In this situation, defendant committed a crime only because he was threatened at gunpoint, and thus did not have the intent to commit the crime.


155. Abe told Ben that Ben could use Abe’s car to go see a baseball game. While at the baseball game, Ben went to purchase a hot dog. Ben gave the vendor twenty dollars for a two dollar hot dog. The vendor returned twenty-eight dollars back to Ben. Ben pocketed the twenty-eight dollars, and went back to watching the baseball game.

If Ben is charged with false pretenses, what is the likely result?

A. Conviction, because Ben pocketed twenty-eight dollars.B. Conviction, because Ben did not notify the vendor that she was giving him too much money back.C. Acquittal, because the amount of money was insignificant.D. Acquittal, because Ben made no misrepresentation.


155. CORRECT ANSWER: D.

False pretenses is a specific intent crime. False pretenses is the false representation of a material present or past fact by the defendant, that causes the victim to pass title of their property to the defendant. The defendant must make the false representation while aware that the representation is false, and while intending to defraud the victim. The representation should normally be explicit and verbal, but the false representation may also consist of the reinforcement of false impressions, affirmative acts to conceal, or silence within a fiduciary relationship where there is an affirmative duty to speak the truth. However, silence is not normally enough to constitute false representation of a material fact in a bargaining situation, where the defendant did not generate the false impression. Here, the defendant did not generate a false impression, and therefore there is no crime.


156. Abe told Ben that Ben could use Abe’s car to go see a baseball game. After the baseball game, Ben saw Curt. Curt owed Ben money, and Ben was angry. Ben came up behind Curt, and shot a gun at Curt, with the intent to scare Curt, and then intending to convince Curt to return Ben’s money. The bullet hit a baseball banner that Curt was holding, and Ben ran away.

What crimes could Ben be reasonably charged with?

A.Battery.B.Assault with a deadly weapon, and battery.C.Assault with a deadly weapon, battery, and attempted murder.D.Assault with a deadly weapon, battery, and extortion.


156. CORRECT ANSWER: B.

In criminal law assault is closely related to battery, and an assault will exist where a defendant attempts or causes bodily injury to another person by using a deadly weapon. Here, since a battery took place when the bullet hit the baseball banner held by the victim, the use of a deadly weapon to effectuate the battery indicates that an assault is also present. Finally, there is no intent to kill, therefore there is no attempted murder.


157. Abe told Ben that Ben could use Abe’s car to go see a baseball game. While Ben was at the baseball game, Abe called and left a message on Ben’s cellular phone, without stating Ben’s name. Abe left a message that said that Abe wanted help in order to to pull off a robbery of the area bank the next day. Ben had left his cellular phone at work that day, and Curt, thinking that Ben’s cellular phone was Curt’s, picked up the phone, heard the message from Abe, and then deleted the message. Curt then went out and purchased items to help Abe pull off a heist the next day.

Did Abe solicit Curt?

A. No, because Abe did not want Curt to help with a robbery.B. No, unless Curt thought that the message was intended for him.C. Yes, because Curt purchased items to help pull off a heist.D. Yes, because Curt heard the message from Abe.



Solicitation occurs where a defendant requests or encourages another to commit a crime, whether or not the other person agrees to commit the crime, and even if the other person refuses to commit a crime. No overt act is needed, and the crime is complete upon the request of another to commit a crime. If a person agrees to commit a crime, the solicitation then merges into a conspiracy charge. Here, the communication from defendant was intended for Ben, not for Curt. Therefore, defendant did not solicit Curt, because defendant did not intend to solicit Curt.


158. Abe told Ben that Ben could use Abe’s car to go see a baseball game. While Ben was at the baseball game, Abe called and left a message on Ben’s cellular phone, without stating Ben’s name. Abe left a message that said that Abe wanted help to pull off a robbery of the area bank the next day. Ben had left his cellular phone at work that day, and Curt, thinking that Ben’s cellular phone was Curt’s, picked up the phone, heard the message from Abe, and then deleted the message. Curt then went out and purchased items to help Abe pull off a heist the next day.

Did Abe solicit Ben?

A. No, if Abe and Ben were friends.B. Yes, unless Ben decided to turn down the offer.C. No, because Ben did not accept the solicitation.D. Yes, because the phone message was intended for Ben.


158. CORRECT ANSWER: D.

Solicitation occurs where a defendant requests or encourages another to commit a crime, whether or not the other person agrees to commit the crime, and even if the other person refuses to commit a crime. No overt act is needed, and the crime is complete upon the request of another to commit a crime. If a person agrees to commit a crime, the solicitation then merges into a conspiracy charge. Here, the phone message was intended for Ben, and therefore defendant did solicit Ben.


159. Abe told Ben that Ben could use Abe’s car to go see a baseball game. While Ben was at the baseball game, Abe called and left a message on Ben’s cellular phone, without stating Ben’s name. Abe left a message that said that Abe wanted help to pull off a robbery of the area bank the next day. Ben had left his cellular phone at work that day, and Curt, thinking that Ben’s cellular phone was Curt’s, picked up the phone, heard the message from Abe, and then deleted the message. Curt then went out and purchased items to help Abe pull off a heist the next day, without informing Abe. When Ben returned Abe’s car after the game, Ben agreed to help Abe pull of the heist, and Abe then checked the schedule of the bank to determine when to pull off the heist.

Which of the following is most true about this situation.

A.Abe and Ben are part of a conspiracy.B.Abe, Ben and Curt are part of a conspiracy.C.Ben and Curt are part of a conspiracy.D.There is no conspiracy.



A conspiracy is an agreement between two or more defendants, to do either an unlawful act or a lawful act by unlawful means. There is no merger with the target crime, but solicitation does merge with conspiracy. There must be a joint agreement for the pursuit of unlawful ends. However, a strict meeting of the minds is not necessary, just a communication to each defendant in some manner that communicates an intention to pursue a joint crime. Here, Abe and Ben are part of a conspiracy because they agreed to pull off a heist, but Curt is not part of a conspiracy because no communication took place with Abe and Ben related to Curt’s criminal intention.


160. Abe told Ben that Ben could use Abe’s car to go see a baseball game. Ben did not return the car after the game, but instead parked Abe’s car in Ben’s garage. Enraged, Abe went to Ben’s house in the middle of the night, entered an unlocked window, and took Ben’s television set, in anger for Ben not returning Abe’s car.

If Abe is charged with common law burglary, what is the likely result?

A. Conviction, because he broke and entered with an intent to commit a felony.B. Acquittal, because no breaking took place.C. Acquittal, because Abe was acting in anger.D. Acquittal, because Abe was rightfully enraged.



Burglary is a specific intent crime. Common law burglary is the breaking and entering of the dwelling of another, at night, with the intent to commit a felony therein. A breaking will exist where any opening to a structure is created by the defendant. No force is needed, and nothing need be broken, for the breaking element to occur. The entering element will be satisfied if any part of the defendant’s anatomy crosses the threshold of a structure, even for a moment. In this situation, defendant had an intent to commit a larceny, before he opened an unlocked window of the dwelling house of another at night, and therefore defendant is likely to be convicted of burglary.


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gould’s “mcq’s in the morning” multiple choice program: criminal law questions, 151-160 ©...

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