AR Bar Criminal Law 3

Question 1

Under the Arkansas Uniform Controlled Substances Act, possession of a Schedule I controlled substance with intent to deliver is classified as:

Accepted Answer

A Class C felony at minimum, increasing with quantity

Answer

Possession with intent to deliver a Schedule I controlled substance is a Class C felony at minimum under Arkansas law, with the classification increasing based on quantity.

Question 2

Under Arkansas Code § 5-2-603, the defense of duress is available when the defendant acted because of:

Accepted Answer

A threat of imminent death or serious physical injury that a reasonable person could not resist

Answer

Duress requires a threat of imminent death or serious physical injury of such gravity that a person of reasonable firmness could not resist.

Question 3

Under Arkansas law, criminal attempt requires that the defendant take a 'substantial step' toward commission of the offense. Which conduct qualifies?

Accepted Answer

Reconnoitering the place contemplated for commission of the offense

Answer

Reconnoitering the planned location is expressly listed in Arkansas Code § 5-3-201 as an act that may constitute a substantial step toward criminal attempt.

Question 4

Under Arkansas law, 'breaking and entering' differs from burglary primarily because burglary requires:

Accepted Answer

Unlawful entry with the purpose to commit a felony or misdemeanor therein

Answer

Arkansas burglary requires unlawful entry into a residential or commercial occupiable structure with the purpose of committing a crime inside.

Question 5

Under Arkansas double jeopardy protections, a defendant acquitted of a charge may NOT be:

Accepted Answer

Retried for the same offense in the same jurisdiction

Answer

The Double Jeopardy Clause bars retrial after acquittal for the same offense — an acquittal is final and unreviewable.

AR Bar - Arkansas Bar Test Practice Test

AR Bar - Arkansas Bar Test Practice Test

AR Bar Criminal Law 3