AZ Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Miranda v. Arizona, law enforcement must advise a suspect of their rights before:
- Any questioning by police
- Custodial interrogation (Correct answer)
- Arrest
- Filing criminal charges
Correct 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.
Question 2: The mens rea element of 'knowledge' under the Model Penal Code means the defendant:
- Was aware that the result would certainly occur
- Was aware that his conduct was of that nature or that circumstances existed (Correct answer)
- Should have been aware of a substantial risk
- Acted with a conscious desire to cause the result
Correct 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.
Question 3: In Arizona, first-degree murder requires:
- Killing with any intent to harm
- Premeditation and deliberation or killing during certain felonies (Correct answer)
- Use of a deadly weapon
- More than one victim
Correct 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).
Question 4: The exclusionary rule generally bars admission of evidence obtained in violation of the:
- Fifth Amendment privilege against self-incrimination only
- Fourth, Fifth, and Sixth Amendments
- Fourth Amendment prohibition on unreasonable searches and seizures (Correct answer)
- Due Process Clause only
Correct 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.
Question 5: The double jeopardy clause of the Fifth Amendment prohibits:
- A second trial after acquittal, a second trial after conviction, and multiple punishments for the same offense (Correct answer)
- Any appeal by the prosecution after a not-guilty verdict
- Simultaneous federal and state prosecutions for the same conduct
- Retrial after a hung jury
Correct 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.
Question 6: Accomplice liability requires that the accomplice:
- Be physically present at the crime scene
- Aid, abet, or encourage the principal with the intent that the crime be committed (Correct answer)
- Share in the proceeds of the crime
- Plan the crime in advance with the principal
Correct 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.
AZ Bar Criminal Law and Procedure 1
Under Miranda v.
Arizona, law enforcement must advise a suspect of their rights before: