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MMLU-Pro / 1041 / Having just stolen a car, a defendant was operating the car within the posted…

Problem

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question

Having just stolen a car, a defendant was operating the car within the posted speed limit when the steering suddenly malfunctioned. The car swerved out of control, jumped the curb, and crashed into a home. The defendant was arrested and charged with the separate crimes of larceny and malicious destruction of property. During the trial the judge instructed the jury that the theft of the car was sufficient evidence to satisfS' the malice requirement for the malicious destruction of property charge. The defendant's attorney has filed a motion objecting to the judge's jury instruction. The judge's instruction was

category

law

options

  1. incorrect, because larceny is not a lesser included offense of malicious destruction of property.
  2. correct, because the defendant's act of stealing the car shows disregard for the property of others.
  3. correct, because malicious destruction of property is a general intent crime.
  4. incorrect, because the malicious destruction of property requires the intent to cause harm, not just steal.
  5. correct, because the act of stealing the car can be seen as a malicious act in itself.
  6. correct, because malice can be inferred from the intent to steal.
  7. incorrect, because the malice in larceny and the malice in malicious destruction of property are different.
  8. incorrect, because the act of stealing a car does not necessarily mean the defendant intended to destroy property.
  9. incorrect, because malice requires a showing of recklessness.
  10. correct, because the act of stealing demonstrates a willingness to violate the law, which constitutes malice.

src

ori_mmlu-professional_law

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