DE Bar DE Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: In Delaware, what crime is it to knowingly possess a controlled substance without a valid prescription?
- Drug trafficking
- Possession of a controlled substance (Correct answer)
- Maintaining a dwelling for drugs
- Delivery of a controlled substance
Correct answer: Possession of a controlled substance
Knowingly possessing a controlled substance without a prescription constitutes Possession of a Controlled Substance under 16 Del. C. § 4764.
Question 2: Under Delaware law, what distinguishes robbery in the second degree from theft?
- The value of the property taken
- The use or threatened use of force during the theft (Correct answer)
- Whether the victim suffered injury
- Whether a weapon was displayed
Correct answer: The use or threatened use of force during the theft
Robbery requires the use or threat of immediate physical force during the commission of a theft, elevating it above simple theft.
Question 3: Which Delaware constitutional provision mirrors the federal privilege against self-incrimination?
- Article I, § 6 (Correct answer)
- Article I, § 7
- Article II, § 3
- Article IV, § 1
Correct answer: Article I, § 6
Article I, § 6 of the Delaware Constitution provides that no person shall be compelled to give evidence against himself in a criminal proceeding.
Question 4: Under Delaware criminal law, what is the required showing for a court to issue a search warrant?
- Reasonable suspicion
- Probable cause supported by oath or affirmation (Correct answer)
- Preponderance of the evidence
- Clear and convincing evidence
Correct answer: Probable cause supported by oath or affirmation
A Delaware search warrant requires a showing of probable cause supported by oath or affirmation describing the place to be searched and things to be seized.
Question 5: In Delaware, aggravated menacing is committed when a person intentionally places another in fear of imminent physical injury while displaying what?
- A dangerous weapon (Correct answer)
- Superior physical size
- Written threats
- A controlled substance
Correct answer: A dangerous weapon
Aggravated menacing under 11 Del. C. § 603 requires intentionally placing another in fear of imminent injury while displaying a deadly weapon.
Question 6: Delaware's Criminal Code classifies criminal offenses into which categories?
- Felonies and misdemeanors only
- Infractions, misdemeanors, and felonies
- Violations, misdemeanors, and felonies (Correct answer)
- Petty offenses, gross misdemeanors, and felonies
Correct answer: Violations, misdemeanors, and felonies
Delaware classifies crimes as violations, misdemeanors (Class A and B), and felonies (Classes A through G) under Title 11 of the Delaware Code.
DE Bar DE Bar Criminal Law and Procedure 2
In Delaware, what crime is it to knowingly possess a controlled substance without a valid prescription?