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Question 1
Mary-Kate and Ashley are two six-year-old friends who are playing at Mary-Kate's house. They are playing with dolls when, Ashley takes Mary-Kate's doll away and begins cutting the doll's hair off. Infuriated, Mary-Kate gets the gun that her father keeps in his closet and shoots Ashley to death. If Mary-Kate is charged with Murder, she will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct At common law, it is conclusively presumed that a child under the age of seven is unable to form a criminal mens rea and therefore cannot be convicted of a crime. Therefore, since Mary-Kate is under seven years of age, she cannot be convicted of a crime and D is the correct answer.
Incorrect! At common law, it is conclusively presumed that a child under the age of seven is unable to form a criminal mens rea and therefore cannot be convicted of a crime. Therefore, since Mary-Kate is under seven years of age, she cannot be convicted of a crime and D is the correct answer.
Question 2
Mike is a thirteen-year-old junior high school student. Mike and his sixteen-year-old girlfriend are "experimenting" one day and they end up having intercourse. Later, Mike's girlfriend claims that he forced her to have sex with him. If Mike is charged with rape, he will probably be:
Correct A male child under the age of fourteen is conclusively presumed incapable of committing rape. Therefore, Mike cannot be convicted for rape and A is the correct answer.
Incorrect! A male child under the age of fourteen is conclusively presumed incapable of committing rape. Therefore, Mike cannot be convicted for rape and A is the correct answer.