, Multistate Bar Examination (MBE) – Criminal Law – Questions
Question 1
Beth wanted to make some money, so she decided to sell cocaine. She asked Albert, who was
reputed to have access to illegal drugs, to supply her with cocaine so she could resell it. Albert
agreed and sold Beth a bag of white powder. Beth then repackaged the white powder into
smaller containers and sold one to Carol, an undercover police officer, who promptly arrested
Beth. Beth immediately confessed and said that Albert was her supplier. Upon examination,
the white powder was found not to be cocaine or any type of illegal substance.
If Albert knew the white powder was not cocaine but Beth believed it was, which of the
following is correct?
(A) Both Albert and Beth are guilty of attempting to sell cocaine.
(B) Neither Albert nor Beth is guilty of attempting to sell cocaine.
(C) Albert is guilty of attempting to sell cocaine, but Beth is not.
(D) Albert is not guilty of attempting to sell cocaine, but Beth is.
1
, Multistate Bar Examination (MBE) – Criminal Law – Questions
Question 2
After being fired from his job, Mel drank almost a quart of vodka and decided to ride the bus
home. While on the bus, he saw a briefcase he mistakenly thought was his own, and began
struggling with the passenger carrying the briefcase. Mel knocked the passenger to the floor,
took the briefcase, and fled. Mel was arrested and charged with robbery.
Mel should be
(A) acquitted, because he used no threats and was intoxicated.
(B) acquitted, because his mistake negated the required specific intent.
(C) convicted, because his intoxication was voluntary.
(D) convicted, because mistake is no defense to robbery.
2
, Multistate Bar Examination (MBE) – Criminal Law – Questions
Question 3
Joe and Marty were coworkers. Joe admired Marty's wristwatch and frequently said how much
he wished he had one like it. Marty decided to give Joe the watch for his birthday the following
week.
On the weekend before Joe's birthday, Joe and Marty attended a company picnic. Marty took
his watch off and left it on a blanket when he went off to join in a touch football game. Joe
strolled by, saw the watch on the blanket, and decided to steal it. He bent over and picked up
the watch. Before he could pocket it, however, Marty returned. When he saw Joe holding the
watch, he said, "Joe, I know how much you like that watch. I was planning to give it to you for
your birthday. Go ahead and take it now." Joe kept the watch.
Joe has committed
(A) larceny.
(B) attempted larceny.
(C) embezzlement.
(D) no crime.
3
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