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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 Miranda v. Arizona, law enforcement must advise a suspect of their rights before:

    Answer: Custodial interrogation

    Miranda warnings are required only when a suspect is in custody and subject to interrogation; routine booking questions and voluntary statements do not trigger Miranda.

  2. The mens rea element of 'knowledge' under the Model Penal Code means the defendant:

    Answer: Was aware that his conduct was of that nature or that circumstances existed

    Under the MPC, knowledge means the actor is aware that his conduct is of the prohibited nature or that the proscribed circumstances exist.

  3. In Arizona, first-degree murder requires:

    Answer: Premeditation and deliberation or killing during certain felonies

    Under A.R.S. § 13-1105, first-degree murder requires either premeditated intent to kill or a killing committed in the course of certain enumerated felonies (felony murder).

  4. The exclusionary rule generally bars admission of evidence obtained in violation of the:

    Answer: Fourth Amendment prohibition on unreasonable searches and seizures

    The exclusionary rule, established in Mapp v. Ohio, bars use of evidence obtained through Fourth Amendment violations, with separate doctrines for Fifth and Sixth Amendment violations.

  5. The double jeopardy clause of the Fifth Amendment prohibits:

    Answer: A second trial after acquittal, a second trial after conviction, and multiple punishments for the same offense

    The Double Jeopardy Clause protects against a second prosecution for the same offense after acquittal or conviction, and against multiple punishments for the same offense.

  6. Accomplice liability requires that the accomplice:

    Answer: Aid, abet, or encourage the principal with the intent that the crime be committed

    Accomplice liability attaches when a person assists the principal with the intent that the principal commit the crime, regardless of physical presence.