MCOLES Substantive Criminal Law 2 — Questions and Answers
Question 1: Under Michigan law, which mental state is required for second-degree murder?
- Premeditation and deliberation
- Malice aforethought without premeditation (Correct answer)
- Recklessness only
- Negligence
Correct answer: Malice aforethought without premeditation
Second-degree murder requires malice aforethought but lacks the premeditation and deliberation elements required for first-degree murder.
Question 2: A person who provides transportation for a robber before the crime, knowing it will be used for that purpose, is most likely guilty of:
- Robbery
- Aiding and abetting (Correct answer)
- Conspiracy only
- Accessory after the fact
Correct answer: Aiding and abetting
Providing assistance before or during a crime with knowledge of its purpose makes one an aider and abettor, equally liable as the principal.
Question 3: Michigan's felony murder rule applies when a death occurs during which of the following?
- Any misdemeanor
- Specifically enumerated felonies such as robbery, burglary, or arson (Correct answer)
- Any crime involving violence
- Only premeditated crimes
Correct answer: Specifically enumerated felonies such as robbery, burglary, or arson
Michigan's felony murder statute applies only when a death occurs during the commission of specific enumerated felonies listed in MCL 750.316.
Question 4: The crime of assault under Michigan law requires:
- Actual physical contact causing injury
- An attempt or threat to commit a battery with present ability (Correct answer)
- Only verbal threats regardless of ability
- A weapon to be present
Correct answer: An attempt or threat to commit a battery with present ability
Michigan assault is an attempt or offer to commit a battery coupled with the present ability to do so, without requiring actual contact.
Question 5: Which element distinguishes larceny from embezzlement?
- Value of the property taken
- Whether force was used
- How the offender originally obtained lawful possession (Correct answer)
- The type of property taken
Correct answer: How the offender originally obtained lawful possession
Embezzlement involves fraudulent conversion of property by someone who lawfully possessed it initially, while larceny involves taking without any lawful possession.
Question 6: Under Michigan law, a person uses 'deadly force' in self-defense. When is this legally justified?
- Whenever the person feels afraid
- Only when retreat is impossible in all locations
- When the person reasonably believes it is necessary to prevent imminent death or great bodily harm (Correct answer)
- Only inside the person's home
Correct answer: When the person reasonably believes it is necessary to prevent imminent death or great bodily harm
Michigan's self-defense statute justifies deadly force when the person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another.
Question 7: What is 'specific intent' in criminal law?
- Intent to commit any act, regardless of consequences
- The intent to bring about a specific result beyond the act itself (Correct answer)
- A general awareness that one's conduct is criminal
- Intent inferred solely from the act committed
Correct answer: The intent to bring about a specific result beyond the act itself
Specific intent requires that the defendant intended not just to perform the act but also to achieve a particular result, such as intent to steal in larceny.
