AK Bar Alaska Criminal Law and Procedure 2 — Questions and Answers
Question 1: What constitutional provision requires Miranda warnings before custodial interrogation in Alaska?
- Fourth Amendment search and seizure
- Fifth Amendment privilege against self-incrimination (Correct answer)
- Sixth Amendment right to counsel
- Eighth Amendment cruel punishment
Correct answer: Fifth Amendment privilege against self-incrimination
Miranda warnings are rooted in the Fifth Amendment privilege against self-incrimination and must precede custodial interrogation.
Question 2: In Alaska, first-degree assault requires what level of harm?
- Any physical contact
- Bodily injury
- Serious physical injury (Correct answer)
- Emotional harm only
Correct answer: Serious physical injury
AS 11.41.200 defines first-degree assault as causing serious physical injury to another person intentionally.
Question 3: What is the Alaska standard for ineffective assistance of counsel under the state constitution?
- Per se reversal for any error
- Strickland two-part test: deficient performance and prejudice (Correct answer)
- Preponderance that counsel was incompetent
- Automatic reversal if counsel lacked experience
Correct answer: Strickland two-part test: deficient performance and prejudice
Alaska follows the Strickland standard requiring proof of both deficient performance and resulting prejudice to the defendant.
Question 4: Alaska's three-strikes law imposes what consequence on a third serious felony conviction?
- Mandatory life without parole
- Presumptive 99-year sentence
- Enhanced presumptive sentencing range (Correct answer)
- No additional consequence
Correct answer: Enhanced presumptive sentencing range
Alaska's habitual offender provisions under AS 12.55 increase the presumptive sentencing range for repeat serious felony offenders.
Question 5: What search exception allows Alaska officers to search a vehicle incident to a lawful arrest?
- Plain view doctrine
- Exigent circumstances
- Search incident to arrest limited to areas within arrestee's reach (Correct answer)
- Community caretaking
Correct answer: Search incident to arrest limited to areas within arrestee's reach
Under Arizona v. Gant (adopted in Alaska), a vehicle search incident to arrest is limited to the passenger compartment within the arrestee's reach unless seeking evidence of the arrest offense.
Question 6: In Alaska, aggravated robbery in the first degree requires what element beyond the taking?
- Use of a dangerous instrument or causing serious physical injury (Correct answer)
- Taking from a person
- Nighttime commission
- Value exceeding $500
Correct answer: Use of a dangerous instrument or causing serious physical injury
AS 11.41.500 defines first-degree robbery as robbery accomplished with a dangerous instrument or resulting in serious physical injury.
AK Bar Alaska Criminal Law and Procedure 2
What constitutional provision requires Miranda warnings before custodial interrogation in Alaska?