AZ Bar Criminal Law and Procedure 3

Question 1

The 'fruit of the poisonous tree' doctrine bars admission of:

Accepted Answer

Evidence derived from an initial constitutional violation, including secondary evidence obtained as a result

Answer

The fruit of the poisonous tree doctrine extends the exclusionary rule to secondary evidence that was discovered as a result of the initial constitutional violation.

Question 2

Voluntary intoxication is generally a defense in Arizona to:

Accepted Answer

Specific intent crimes where the intoxication negates the required mental state

Answer

Under Arizona law, voluntary intoxication may be offered to negate a specific intent mental state required for the offense but is not a general defense.

Question 3

Arizona law recognizes the affirmative defense of justification for use of deadly physical force when:

Accepted Answer

The defendant reasonably believed deadly force was immediately necessary to protect against death, serious physical injury, kidnapping, sexual assault, or robbery

Answer

A.R.S. § 13-405 permits use of deadly force when the defendant reasonably believes it is immediately necessary to protect against death, serious physical injury, or certain violent felonies.

Question 4

A criminal defendant's right to a speedy trial under the Sixth Amendment is analyzed using the factors from:

Accepted Answer

Barker v. Wingo

Answer

Barker v. Wingo established a four-factor balancing test for speedy trial claims: length of delay, reason for delay, defendant's assertion of the right, and prejudice.

Question 5

Under Strickland v. Washington, a defendant claiming ineffective assistance of counsel must prove:

Accepted Answer

That counsel's performance was deficient and that the deficiency prejudiced the defense

Answer

Strickland requires the defendant to show both that counsel's performance fell below an objective standard of reasonableness and that there is a reasonable probability the outcome would have differed but for the errors.

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar Criminal Law and Procedure 3