AZ Bar Criminal Law and Procedure 2

Question 1

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

Accepted Answer

Strike jurors based on race

Answer

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.

Question 2

The right to counsel under the Sixth Amendment attaches at:

Accepted Answer

The initiation of formal adversarial proceedings

Answer

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

Question 3

In Arizona, what distinguishes aggravated assault from simple assault?

Accepted Answer

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

Answer

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.

Question 4

Entrapment as a defense requires the defendant to show:

Accepted Answer

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

Answer

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

Question 5

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

Accepted Answer

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

Answer

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

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar Criminal Law and Procedure 2