DE Bar DE Bar Criminal Law and Procedure 2

Question 1

In Delaware, what crime is it to knowingly possess a controlled substance without a valid prescription?

Accepted Answer

Possession of a controlled substance

Answer

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?

Accepted Answer

The use or threatened use of force during the theft

Answer

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?

Accepted Answer

Article I, § 6

Answer

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?

Accepted Answer

Probable cause supported by oath or affirmation

Answer

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?

Accepted Answer

A dangerous weapon

Answer

Aggravated menacing under 11 Del. C. § 603 requires intentionally placing another in fear of imminent injury while displaying a deadly weapon.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar DE Bar Criminal Law and Procedure 2