Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureHard
A police officer, responding to a silent alarm, observes a suspect fleeing a jewelry store with a bag. The officer shouts, 'Stop, or I'll shoot!' The suspect continues to flee. The officer, believing the suspect to be armed and dangerous, fires a warning shot into the air. The warning shot startles a bystander, causing the bystander to fall and suffer a severe concussion. The suspect is later apprehended. What is the most likely criminal liability for the officer regarding the bystander's injury?
- AReckless Endangerment, for firing a weapon in a populated area.
- BNo criminal liability, as the officer was performing official duties.
- CAggravated Assault, due to the use of a firearm.
- DBattery, for causing physical harm to the bystander.
Show answer & explanationAnswer & explanation
Correct answer: A. Reckless Endangerment, for firing a weapon in a populated area.
Reckless endangerment typically involves conduct that creates a substantial risk of serious physical injury to another person. Firing a warning shot in a populated area, even with good intentions, demonstrates a conscious disregard of a substantial and unjustifiable risk, leading to the bystander's injury.
Why the other options are wrong
- B. Official duties do not automatically negate criminal liability if the officer's actions are reckless or negligent and cause harm.
- C. Aggravated assault generally requires an intent to cause bodily harm or a reasonable apprehension of such harm, which was not the officer's intent towards the bystander.
- D. Battery requires an intentional or reckless harmful or offensive contact, which the officer did not directly or indirectly intend or cause in the traditional sense, but rather created a risk that led to the injury.
Reckless Endangerment
A crime involving conduct that creates a substantial risk of serious physical injury to another person, often without specific intent to injure.
- Requires a conscious disregard of a substantial and unjustifiable risk.
- The risk must be of serious physical injury.
- Does not require actual injury to be completed in some jurisdictions, only the creation of the risk.
Memory trick: MENTAL states determine GUILT levels.