AK Bar Alaska Criminal Law and Procedure 2

Question 1

What constitutional provision requires Miranda warnings before custodial interrogation in Alaska?

Accepted Answer

Fifth Amendment privilege against self-incrimination

Answer

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?

Accepted Answer

Serious physical injury

Answer

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?

Accepted Answer

Strickland two-part test: deficient performance and prejudice

Answer

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?

Accepted Answer

Enhanced presumptive sentencing range

Answer

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?

Accepted Answer

Search incident to arrest limited to areas within arrestee's reach

Answer

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.

AK Bar - Alaska Bar Exam Practice Test

AK Bar - Alaska Bar Exam Practice Test

AK Bar Alaska Criminal Law and Procedure 2