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NCA Criminal Law practice questions

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Question 1Criminal Law

Under the common law, which mental state is required for the crime of murder?

  1. Strict liability
  2. Reckless disregard only
  3. Malice aforethought Correct answer.
  4. Criminal negligence

Explanation

At common law, murder is defined as the unlawful killing of a human being with malice aforethought. Malice aforethought is a broad concept that includes intent to kill, intent to cause serious bodily harm, depraved-heart recklessness, and felony murder. Negligence alone supports manslaughter rather than murder.

Question 2Criminal Law

Which doctrine holds that a person who commits a crime is liable for the foreseeable results of that crime, including the death of a victim?

  1. The doctrine of transferred intent
  2. The doctrine of merger
  3. The year-and-a-day rule
  4. The felony murder rule Correct answer.

Explanation

The felony murder rule imposes murder liability when a death occurs during the commission of an inherently dangerous felony. The underlying felony supplies the malice that would otherwise be required for murder. The rule does not apply to all felonies and is limited by enumerated-felony and merger doctrines.

Question 3Criminal Law

A defendant breaks into a home intending to steal jewelry but is frightened away before taking anything. What crime has he most likely committed?

  1. Attempted burglary only
  2. Larceny
  3. Robbery
  4. Burglary Correct answer.

Explanation

Burglary at common law is the breaking and entering of a dwelling at night with intent to commit a felony therein. The crime is complete upon entry with the requisite intent, so no theft need occur. Failing to take property does not defeat burglary liability.

Question 4Criminal Law

Which of the following is the best description of the actus reus requirement?

  1. Any thought that precedes a criminal act
  2. The harm that results from a criminal act
  3. A mental state of intent or knowledge
  4. A voluntary physical act or legally recognized omission Correct answer.

Explanation

Actus reus refers to the external physical element of a crime, which must generally be a voluntary act. An omission can satisfy the requirement only where a legal duty to act exists. Thoughts alone cannot constitute actus reus.

Question 5Criminal Law

A lifeguard watches a swimmer drown without attempting a rescue, though he could easily save her. On what basis may the lifeguard be criminally liable for an omission?

  1. Because omission is always equivalent to an act
  2. Because he created the peril
  3. Because all citizens have a general duty to rescue
  4. Because his employment created a legal duty to act Correct answer.

Explanation

Criminal liability for an omission requires a legal duty to act, which can arise from statute, relationship, contract, voluntary assumption of care, or creation of peril. A lifeguard's employment contract creates a duty to rescue swimmers. There is no general duty to rescue strangers under the common law.

Question 6Criminal Law

Which standard is used to evaluate whether a defendant's conduct constitutes the proximate cause of a result?

  1. Whether the defendant subjectively intended the result
  2. Whether the result occurred within one year
  3. Whether the victim contributed any fault
  4. Whether the result was a foreseeable consequence of the conduct Correct answer.

Explanation

Proximate cause asks whether the result was a natural and probable consequence of the defendant's conduct, often framed as foreseeability. An intervening cause breaks the chain only if it is unforeseeable and superseding. Actual cause is a separate inquiry.

Question 7Criminal Law

A man points what appears to be a gun at a cashier and demands money. The weapon is actually a realistic toy. What is the most serious crime he likely committed?

  1. Robbery Correct answer.
  2. Larceny
  3. Extortion
  4. Attempted robbery

Explanation

Robbery requires a taking by force or intimidation. A reasonable victim's fear created by an apparent weapon satisfies the intimidation element even if the weapon is unloaded or fake. The taking is complete when property is obtained by the threat.

Question 8Criminal Law

Which of the following is required for a valid claim of self-defense?

  1. The defender must have acted after the attacker left
  2. The defender must use equal force in all cases
  3. The threat must be imminent and unlawful Correct answer.
  4. The defender must retreat whenever possible

Explanation

Self-defense requires a reasonable belief in an imminent, unlawful threat of force and a proportional response. Retreat is generally not required in most jurisdictions, and deadly force is limited to situations involving imminent death or serious harm. Once the threat has ended, self-defense is unavailable.

Question 9Criminal Law

A defendant is charged with larceny. Which element distinguishes larceny from embezzlement?

  1. Whether the taking was trespassory Correct answer.
  2. Whether the defendant acted at night
  3. Whether the property was tangible
  4. The value of the property taken

Explanation

Larceny requires a trespassory taking and carrying away of another's personal property with intent to permanently deprive. Embezzlement involves lawful possession followed by fraudulent conversion. The key distinction is that larceny begins with a trespassory taking.

Question 10Criminal Law

Under the Model Penal Code, which culpability level applies when an actor is aware that a result is practically certain to occur?

  1. Negligently
  2. Purposely
  3. Recklessly
  4. Knowingly Correct answer.

Explanation

The MPC defines knowledge as awareness that one's conduct is practically certain to cause a result. Purpose requires conscious desire to achieve the result. Recklessness involves conscious disregard of a substantial risk, and negligence is an objective failure to perceive risk.

Question 11Criminal Law

A defendant is charged with attempted murder but voluntarily abandons his plan before completing the final act. Which defense may apply?

  1. Entrapment
  2. Duress
  3. Impossibility
  4. Abandonment Correct answer.

Explanation

Abandonment is a defense to attempt in many jurisdictions when the actor voluntarily and completely renounces the criminal purpose before completion. The renunciation must be genuine and not motivated by a fear of detection. Impossibility concerns whether the crime could be completed, not whether the actor desisted.

Question 12Criminal Law

Which of the following best describes the defense of duress?

  1. The defendant was unaware of the wrongfulness of the act
  2. The defendant was tricked by police into committing the crime
  3. The defendant lacked the capacity to form intent due to age
  4. The defendant was coerced by a threat of imminent death or serious harm Correct answer.

Explanation

Duress requires that the defendant commit the crime under a threat of imminent death or serious bodily harm that a person of reasonable firmness could not resist. It is generally not a defense to intentional homicide. The defense negates voluntariness rather than mens rea.

Question 13Criminal Law

A woman shoots a man who is walking away after attacking her, killing him from behind. Which statement best reflects the self-defense analysis?

  1. The defense applies because she used deadly force
  2. The defense applies because she was previously attacked
  3. The defense fails because she used a firearm
  4. The defense fails because the threat had ended Correct answer.

Explanation

Self-defense requires an imminent threat. Once the attacker has retreated and the danger has passed, the defender may not use deadly force in retaliation. The prior attack does not justify a later killing.

Question 14Criminal Law

Which of the following is an element of the crime of conspiracy at common law?

  1. The completed commission of the target offense
  2. The exchange of money between the parties
  3. An agreement between two or more persons to commit an unlawful act Correct answer.
  4. An overt act in furtherance of the agreement

Explanation

At common law, conspiracy requires an agreement between two or more persons to commit an unlawful act, plus the requisite intent. The common law did not require an overt act, though many modern statutes do. The target offense need not be completed.

Question 15Criminal Law

A man agrees with an undercover officer to commit a robbery. The officer never intended to participate. What is the best analysis of the man's conspiracy liability?

  1. No conspiracy because the officer lacked genuine intent Correct answer.
  2. Conspiracy only if an overt act was committed
  3. No conspiracy because no robbery occurred
  4. Conspiracy because an agreement existed in fact

Explanation

Conspiracy requires a genuine bilateral agreement between at least two persons with the requisite intent. Under the traditional bilateral approach, an agreement with a feigning officer does not create conspiracy because the officer lacks criminal intent. The MPC's unilateral approach would reach a different result.

Question 16Criminal Law

Which of the following is the correct definition of solicitation?

  1. Encouraging another to commit a crime with intent that the crime be committed Correct answer.
  2. Providing material support after a crime is completed
  3. Failing to report a crime to authorities
  4. Agreeing with another to commit a crime

Explanation

Solicitation is the act of urging, requesting, or commanding another person to commit a crime with the intent that the person commit it. The offense is complete upon the request, regardless of whether the other person agrees. It merges into the completed offense if the solicited crime is committed.

Question 17Criminal Law

A defendant is charged with receiving stolen property. Which fact is most essential to prove?

  1. The defendant sold the property to a third party
  2. The defendant knew the property was stolen Correct answer.
  3. The property was worth more than a threshold amount
  4. The defendant personally stole the property

Explanation

Receiving stolen property requires that the property be stolen, that the defendant receive, possess, or control it, and that the defendant know it was stolen. The defendant need not be the thief. Value thresholds may affect grading but not the core elements.

Question 18Criminal Law

Which of the following best describes the M'Naghten test for insanity?

  1. The defendant lacked the capacity to conform to the law
  2. The defendant did not know the nature of the act or that it was wrong Correct answer.
  3. The defendant could not control his conduct
  4. The defendant's conduct was a product of mental illness

Explanation

The M'Naghten test asks whether the defendant, due to mental disease or defect, did not know the nature and quality of the act or did not know it was wrong. The irresistible impulse and control tests are separate standards. The Durham product test is broader still.

Question 19Criminal Law

A defendant is intoxicated voluntarily and commits an assault. Which statement about the intoxication defense is most accurate?

  1. Voluntary intoxication is a complete defense to all crimes
  2. Voluntary intoxication may negate specific intent but not general intent Correct answer.
  3. Intoxication is only relevant to sentencing
  4. Involuntary intoxication is never a defense

Explanation

Voluntary intoxication may negate the specific intent required for certain crimes but generally does not excuse general intent crimes. Involuntary intoxication can be a complete defense if it meets insanity standards. The distinction turns on the mental state required by the offense.

Question 20Criminal Law

Which of the following is true about the infancy defense at common law?

  1. Children under seven were conclusively presumed incapable of crime Correct answer.
  2. Children over fourteen could never be prosecuted
  3. The defense applied only to property crimes
  4. Children between seven and fourteen were treated as adults

Explanation

At common law, children under seven were conclusively presumed incapable of forming criminal intent. Children between seven and fourteen were presumptively incapable, rebuttable by evidence of understanding. Children over fourteen were treated as adults.

Question 21Criminal Law

A man intentionally kills a victim but mistakenly believes the victim is a deer. Which doctrine is most relevant to his culpability?

  1. Mistake of fact Correct answer.
  2. Mistake of law
  3. Transferred intent
  4. Entrapment

Explanation

A mistake of fact can negate the mens rea required for a crime. If the mistake is reasonable and negates intent, it may excuse the defendant entirely. An unreasonable mistake may still negate specific intent in some jurisdictions.

Question 22Criminal Law

Which of the following is the best definition of accomplice liability?

  1. Liability based solely on membership in a group
  2. Liability for aiding or encouraging another to commit a crime with intent to facilitate it Correct answer.
  3. Liability for failing to prevent a crime one witnesses
  4. Liability for a crime committed by a stranger without any involvement

Explanation

An accomplice is one who aids, abets, encourages, or assists another in committing a crime with the intent to facilitate its commission. Mere knowledge or presence is generally insufficient. The accomplice is liable for the crime and its natural and probable consequences in many jurisdictions.

Question 23Criminal Law

A defendant is charged with arson at common law. Which element is required?

  1. The burning of a dwelling of another Correct answer.
  2. The burning of one's own property for insurance
  3. The burning of a vehicle
  4. The burning of any property

Explanation

Common law arson is the malicious burning of the dwelling of another. Modern statutes often expand the offense to other structures and property. The common law element requires a dwelling and property belonging to another.

Question 24Criminal Law

Which of the following statements about the doctrine of transferred intent is correct?

  1. It applies when the defendant intends to harm one person but accidentally harms another Correct answer.
  2. It applies when the defendant intends to commit a misdemeanor
  3. It applies when the defendant acts negligently without intent
  4. It applies only to property crimes

Explanation

Transferred intent shifts the defendant's intent from the intended victim to the actual victim. The defendant's culpability for the unintended victim is the same as if the intent had been directed there. The doctrine applies to crimes requiring intent, such as murder and battery.

Question 25Criminal Law

A defendant is charged with felony murder based on an underlying robbery. Which limitation is most likely to apply?

  1. The death penalty is mandatory
  2. The defendant must have personally killed the victim
  3. The felony must be complete before the death occurs
  4. The merger doctrine may bar felony murder if the underlying felony is an integral part of the homicide Correct answer.

Explanation

The merger doctrine limits felony murder when the underlying felony is an integral part of the homicide, such as aggravated battery. In such cases the felony merges with the homicide and cannot support felony murder. The rule varies by jurisdiction.

Question 26Criminal Law

Which mental state under the Model Penal Code describes an actor who consciously disregards a substantial and unjustifiable risk that a material element exists?

  1. Recklessness Correct answer.
  2. Purpose
  3. Knowledge
  4. Negligence

Explanation

Recklessness requires conscious disregard of a substantial and unjustifiable risk, judged by the standard of a law-abiding person. The actor must actually perceive the risk, not merely fail to perceive one that a reasonable person would have noticed.

Question 27Criminal Law

At common law, which element distinguishes robbery from larceny?

  1. The property is taken from the person by force or intimidation Correct answer.
  2. The taker intends to permanently deprive the owner
  3. The taking occurs at night
  4. The property belongs to another person

Explanation

Robbery is aggravated larceny: it requires a taking from the person or presence of another by force or intimidation. Larceny alone requires only trespassory taking and carrying away with intent to permanently deprive.

Question 28Criminal Law

A homeowner awakens to find a burglar inside and, believing the intruder is armed, strikes him with a lamp. The intruder was unarmed but had entered at night. Which principle most supports the homeowner's claim of self-defense?

  1. Reasonable mistake about the threat does not defeat self-defense Correct answer.
  2. Self-defense is unavailable to a person who struck first
  3. Defense of habitation permits deadly force against any intruder
  4. The retreat rule requires the homeowner to flee first

Explanation

Self-defense is measured by the actor's reasonable belief, so a reasonable mistake about the attacker's apparent threat does not forfeit the defense. The force must still be proportionate to the perceived danger.

Question 29Criminal Law

Which requirement must be satisfied for the defense of necessity to excuse criminal conduct?

  1. The defendant must have had no role in creating the danger
  2. The harm avoided must be equal to the harm caused
  3. The defendant must have been threatened by another person
  4. The harm avoided must be greater than the harm caused Correct answer.

Explanation

Necessity requires that the defendant choose the lesser evil, meaning the harm avoided outweighs the harm inflicted. If the harms are equal or the harm caused is greater, the defense generally fails.

Question 30Criminal Law

A man breaks into a warehouse intending to steal tools but finds nothing worth taking and leaves. Which crime has he most likely committed?

  1. Attempted larceny only
  2. No crime, because no property was taken
  3. Burglary, because breaking and entering with intent to commit a felony occurred Correct answer.
  4. Criminal trespass only

Explanation

Common law burglary is complete upon breaking and entering a dwelling at night with intent to commit a felony therein; the intended felony need not be carried out. The entry with felonious intent satisfies the offense.

Question 31Criminal Law

Which theory holds a defendant liable for a crime committed by another person because the defendant caused an innocent agent to perform the act?

  1. Innocent instrumentality Correct answer.
  2. Accessory after the fact
  3. Accomplice liability
  4. Conspiracy

Explanation

Under innocent instrumentality, a defendant who uses a nonresponsible person as a tool is treated as the principal. The innocent agent lacks the mental state or capacity, so liability rests entirely on the instigator.

Question 32Criminal Law

A woman and a man agree to sell counterfeit handbags. The woman later withdraws by telling the man she is out, but the man completes the sale. Under the common law rule, what is the woman's liability for the completed sale?

  1. She is liable for solicitation only
  2. She is liable only if she received part of the proceeds
  3. She is liable because withdrawal is ineffective after the agreement
  4. She is not liable because she withdrew before the crime Correct answer.

Explanation

At common law, a conspirator who withdraws may avoid liability for subsequent crimes if she communicates withdrawal to all co-conspirators in time. She remains liable for the conspiracy itself but not for later substantive offenses.

Question 33Criminal Law

Which statement correctly describes the common law year-and-a-day rule?

  1. A conspiracy must be completed within a year and a day
  2. A victim must die within a year and a day for homicide to be charged Correct answer.
  3. A defendant must be tried within a year and a day of arrest
  4. A felony murder charge must be filed within a year and a day

Explanation

The year-and-a-day rule provided that a death occurring more than a year and a day after the injurious act could not be prosecuted as homicide. Many jurisdictions have abolished or modified it in light of modern medicine.

Question 34Criminal Law

A defendant is charged with battery for spitting on a person, causing no injury. Which argument best challenges the charge?

  1. The victim consented by standing nearby
  2. Battery requires a weapon
  3. Spitting cannot constitute offensive contact Correct answer.
  4. The defendant lacked intent to harm

Explanation

Battery requires harmful or offensive contact, and offensive contact is judged by whether it would offend a reasonable sense of personal dignity. Spitting may qualify, but the strongest challenge questions whether mere spitting constitutes contact sufficient for battery.

Question 35Criminal Law

Which of the following is the best definition of the doctrine of concurrence?

  1. The victim must be present when the crime occurs
  2. Two defendants must act together
  3. The sentence must match the gravity of the offense
  4. The act and the mental state must coincide in time Correct answer.

Explanation

Concurrence requires that the mens rea and the actus reus coincide; the guilty mind must accompany the guilty act. A later-formed intent cannot retroactively supply the mental state for an act already completed.

Question 36Criminal Law

A man takes his neighbor's bicycle believing in good faith that it is his own. He later learns the truth and keeps it. Which statement best describes his larceny liability?

  1. He is guilty of larceny when he first takes the bicycle
  2. He is not guilty because larceny requires a taking by force
  3. He is guilty of embezzlement
  4. He is guilty of larceny when he decides to keep it after learning the truth Correct answer.

Explanation

Because the man lacked intent to permanently deprive at the time of taking, no larceny occurred then. Continuing trespass permits liability if he later forms the intent to permanently deprive while still in possession.

Question 37Criminal Law

Which of the following is required for the crime of extortion at common law?

  1. A breaking and entering
  2. Obtaining property by a threat made under color of official right Correct answer.
  3. A taking by stealth
  4. An intent to kill

Explanation

Common law extortion required a public officer to obtain property by a threat made under color of office. Modern statutes broaden extortion to include threats by private persons, but the official-right element is the classic formulation.

Question 38Criminal Law

A defendant is charged with receiving stolen property. Which fact most directly undermines the charge?

  1. The defendant received the property as a gift
  2. The defendant paid fair market value
  3. The defendant knew the property belonged to another
  4. The defendant received the property after the thief abandoned it Correct answer.

Explanation

Receiving stolen property requires that the property still be stolen, meaning it retains its stolen character. If the thief has abandoned it, the property is no longer stolen, and the offense cannot be established.

Question 39Criminal Law

Which of the following best states the common law rule on the defense of voluntary intoxication for specific intent crimes?

  1. It is never relevant to criminal liability
  2. It is a complete defense to all crimes
  3. It applies only to strict liability offenses
  4. It may negate the required specific intent if it prevented formation of that intent Correct answer.

Explanation

Voluntary intoxication may be a defense to specific intent crimes when it prevents the defendant from forming the required intent. It is not a defense to general intent, malice, or strict liability offenses.

Question 40Criminal Law

A defendant is charged with murder after the victim dies from a heart attack triggered by the defendant's minor shove during an argument. Which concept best addresses whether the defendant caused the death?

  1. Conspiracy
  2. Proximate cause Correct answer.
  3. Attempt
  4. Transferred intent

Explanation

Proximate cause asks whether the result is a foreseeable consequence of the defendant's conduct rather than too remote. A victim's preexisting condition does not break the chain of causation if death is a foreseeable result of the conduct.

Question 41Criminal Law

Which of the following is the best description of the doctrine of res gestae?

  1. A confession is required for conviction
  2. A co-conspirator's statements are always inadmissible
  3. A defendant may be retried after acquittal
  4. Statements made during the commission of a crime are admissible as part of the criminal transaction Correct answer.

Explanation

Res gestae refers to acts and statements that are part of the same criminal transaction and are admissible as such. The doctrine ties evidence to the ongoing event rather than to a separate hearsay exception.

Question 42Criminal Law

A defendant is charged with kidnapping. Which element most clearly distinguishes kidnapping from false imprisonment?

  1. The victim is transported a substantial distance or hidden in a secret place Correct answer.
  2. The victim is moved or confined
  3. The victim is a child
  4. The defendant uses a weapon

Explanation

Modern kidnapping statutes typically require asportation, meaning movement of the victim, or concealment in a secret place. False imprisonment involves confinement without the aggravated movement or concealment.

Question 43Criminal Law

Which statement about the defense of entrapment is most accurate under the federal objective approach?

  1. The focus is on the defendant's predisposition to commit the crime
  2. Entrapment is established whenever an undercover officer participates
  3. Entrapment applies only to violent crimes
  4. The focus is on whether government conduct would induce a law-abiding person Correct answer.

Explanation

The objective approach asks whether the government's conduct would induce a normally law-abiding person to commit the offense. The subjective approach instead examines the particular defendant's predisposition.

Question 44Criminal Law

A man fires a gun at a target in a crowded field, believing no one is nearby. A child is struck and killed. Which mental state is most relevant to a murder charge?

  1. Negligence
  2. Purpose
  3. Knowledge
  4. Recklessness Correct answer.

Explanation

Firing into a crowded area with awareness of the risk of harm can support recklessness or extreme indifference, which may satisfy malice for murder. Purpose and knowledge require a higher degree of certainty than the facts suggest.

Question 45Criminal Law

Which of the following is an element of the crime of compounding a crime?

  1. Tampering with a witness by threat
  2. Committing perjury before a grand jury
  3. Fleeing from lawful custody
  4. Accepting consideration in exchange for not prosecuting a known crime Correct answer.

Explanation

Compounding a crime involves accepting or agreeing to accept a benefit in exchange for not reporting or prosecuting a known offense. The offense protects the public interest in law enforcement.

Question 46Criminal Law

A defendant is charged with perjury. Which fact is most essential to establish the offense?

  1. The defendant was a public official
  2. The statement was made to a police officer
  3. The defendant later recanted
  4. The statement was made under oath in a judicial proceeding and was material and false Correct answer.

Explanation

Perjury requires a false statement made under oath in a judicial or official proceeding, with knowledge of its falsity and materiality to the proceeding. Recantation may be a defense only if timely and before the falsehood substantially affects the proceeding.

Question 47Criminal Law

A defendant is charged with larceny by trick. Which fact is most important to the charge?

  1. The victim voluntarily delivers possession based on the defendant's fraudulent representation Correct answer.
  2. The defendant breaks into a building
  3. The defendant takes property by force
  4. The defendant finds lost property

Explanation

Larceny by trick occurs when the victim voluntarily parts with possession, not title, because of the defendant's fraud. If title passes, the offense may instead be false pretenses.

Question 48Criminal Law

Which of the following best describes the common law felony murder rule?

  1. A death caused by negligence during a felony is excused
  2. A death caused during the commission of an inherently dangerous felony is murder Correct answer.
  3. Any death occurring during any misdemeanor is felony murder
  4. Felony murder requires proof of intent to kill

Explanation

Felony murder treats a killing committed during an inherently dangerous felony as murder, often without proof of intent to kill. Limitations include the merger rule and the requirement that the death be a foreseeable result of the felony.

Question 49Criminal Law

A woman helps her friend carry stolen electronics to a car, knowing they are stolen. She receives no payment. Which statement best describes her potential liability?

  1. She is liable for conspiracy only
  2. She is liable as an accomplice if she intended to assist the theft Correct answer.
  3. She is liable for receiving stolen property only
  4. She cannot be liable because she received no benefit

Explanation

Accomplice liability requires intent to assist the principal's crime, and the assistance may be physical or psychological. Personal gain is not required, and knowledge alone is generally insufficient without intent to aid.

Question 50Criminal Law

Which of the following statements about the doctrine of transferred intent is most accurate?

  1. It applies when the defendant intends to harm one person but accidentally harms another Correct answer.
  2. It eliminates the need to prove any mental state
  3. It transfers the defendant's intent from one crime to a different crime
  4. It applies only when the intended victim is a family member

Explanation

Transferred intent shifts the mens rea from the intended victim to the actual victim when the harm lands on a different person. The defendant remains liable as though the intended victim had been harmed.