AK Bar Alaska Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Alaska Statutes, murder in the first degree requires what mental state?
- Negligence
- Recklessness
- Knowing
- Intentional with premeditation or under specific circumstances (Correct answer)
Correct answer: Intentional with premeditation or under specific circumstances
AS 11.41.100 defines first-degree murder as intentional killing or killing under enumerated aggravating circumstances such as during a felony.
Question 2: In Alaska, what is the minimum sentence for a first offense felony DUI?
- No mandatory minimum
- 72 hours imprisonment (Correct answer)
- 30 days imprisonment
- 6 months imprisonment
Correct answer: 72 hours imprisonment
AS 28.35.030 provides that a first felony DUI conviction requires a minimum 72-hour imprisonment term.
Question 3: Alaska classifies felonies into how many categories?
- Two (A and B)
- Three (A, B, and C)
- Four (A, B, C, and unclassified) (Correct answer)
- Five
Correct answer: Four (A, B, C, and unclassified)
Alaska classifies felonies as unclassified, Class A, Class B, and Class C, with unclassified being the most serious.
Question 4: What is the standard for probable cause for an arrest without a warrant in Alaska?
- Officer's subjective belief
- Preponderance of the evidence
- Reasonable grounds to believe the person committed a crime (Correct answer)
- Beyond a reasonable doubt
Correct answer: Reasonable grounds to believe the person committed a crime
Probable cause exists when officers have reasonable grounds based on articulable facts to believe a crime was committed by the person arrested.
Question 5: Under Alaska Rule of Criminal Procedure 5, a defendant arrested without a warrant must be brought before a magistrate within how many hours?
- 12 hours
- 24 hours (Correct answer)
- 48 hours
- 72 hours
Correct answer: 24 hours
Alaska Crim. Rule 5 requires that a defendant arrested without a warrant be brought before a judicial officer without unnecessary delay, generally within 24 hours.
Question 6: In Alaska, which crime is defined as unlawfully entering or remaining in a building with intent to commit a crime?
- Trespass
- Robbery
- Burglary (Correct answer)
- Larceny
Correct answer: Burglary
AS 11.46.300-310 defines burglary as unlawfully entering or remaining in a building with intent to commit a crime inside.
AK Bar Alaska Criminal Law and Procedure 1
Under Alaska Statutes, murder in the first degree requires what mental state?