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Criminal Law and Procedure Flashcards

6 cards from real AZ BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Criminal Law and Procedure flashcards as text

  1. Under Batson v. Kentucky, a prosecutor may not use peremptory challenges to:

    Answer: Strike jurors based on race

    Batson held that the Equal Protection Clause prohibits race-based use of peremptory challenges; the defendant must make a prima facie showing of discrimination, shifting the burden to the prosecution.

  2. The right to counsel under the Sixth Amendment attaches at:

    Answer: The initiation of formal adversarial proceedings

    The Sixth Amendment right to counsel is offense-specific and attaches at the initiation of formal adversarial proceedings, such as arraignment or indictment.

  3. In Arizona, what distinguishes aggravated assault from simple assault?

    Answer: The presence of aggravating factors such as use of a deadly weapon, serious physical injury, or assault on a protected class of victim

    A.R.S. § 13-1204 elevates assault to aggravated assault when specific aggravating factors are present, including use of a deadly weapon or dangerous instrument, serious physical injury, or the victim's status.

  4. Entrapment as a defense requires the defendant to show:

    Answer: That a government agent induced the defendant to commit a crime the defendant was not predisposed to commit

    The entrapment defense requires showing both government inducement and the defendant's lack of predisposition to commit the crime prior to government contact.

  5. For a conviction to stand, the prosecution must prove every element of the crime beyond a reasonable doubt because of:

    Answer: The Due Process Clause of the Fourteenth Amendment as interpreted in In re Winship

    In re Winship established that the Due Process Clause requires the prosecution to prove every element of the offense beyond a reasonable doubt.

  6. Arizona's felony murder rule imposes first-degree murder liability when a killing occurs during:

    Answer: One of the specifically enumerated felonies listed in A.R.S. § 13-1105

    Arizona's felony murder doctrine applies only to killings that occur during the commission of specific enumerated felonies set out in the first-degree murder statute.