CLA/CP Exam CLA/CP Criminal Law and Procedure 2

Question 1

Which constitutional clause prohibits trying a defendant twice for the same offense after acquittal or conviction?

Accepted Answer

Double Jeopardy Clause

Answer

Due Process Clause

Answer

Equal Protection Clause

Answer

Self-Incrimination Clause

Question 2

What is the purpose of a writ of habeas corpus in criminal law?

Accepted Answer

To require authorities to bring a detained person before a court and justify the detention

Answer

To compel a witness to testify

Answer

To transfer a case to federal court

Answer

To stay execution of a sentence pending appeal

Question 3

What is 'specific intent' as a category of mens rea?

Accepted Answer

The conscious desire to bring about a particular criminal result

Answer

Intent inferred from the nature of the act alone

Answer

Awareness of a substantial risk of harm

Answer

Failure to exercise reasonable care

Question 4

What characterizes an 'affirmative defense' in a criminal case?

Accepted Answer

The defense admits the act but argues it was legally justified or excused

Answer

The defense denies the defendant committed any act

Answer

The defense challenges the sufficiency of evidence

Answer

The defense claims mistaken identity

Question 5

Which amendment guarantees a criminal defendant the right to a speedy public trial, an impartial jury, to confront witnesses, and to have assistance of counsel?

Accepted Answer

Sixth Amendment

Answer

Fourth Amendment

Answer

Fifth Amendment

Answer

Eighth Amendment

Question 6

What does 'mens rea' mean in criminal law?

Accepted Answer

The guilty mind or criminal intent required for a crime

Answer

The physical act constituting the crime

Answer

The motive behind the criminal conduct

Answer

The method or instrumentality used to commit the crime