DE Bar DE Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Delaware law, which mental state is required for first-degree murder?
- Negligence
- Recklessness
- Intent to cause death (Correct answer)
- Strict liability
Correct answer: Intent to cause death
Delaware first-degree murder requires the intentional causing of another person's death under 11 Del. C. § 636.
Question 2: In Delaware, which court has original jurisdiction over felony criminal cases?
- Family Court
- Court of Common Pleas
- Superior Court (Correct answer)
- Justice of the Peace Court
Correct answer: Superior Court
The Delaware Superior Court has exclusive original jurisdiction over all felony criminal matters.
Question 3: Under the Delaware Rules of Criminal Procedure, when must an indictment or information be filed for a felony charge?
- Within 30 days of arrest
- Prior to or at the time of arraignment (Correct answer)
- Within 10 days of preliminary hearing
- Before the grand jury convenes
Correct answer: Prior to or at the time of arraignment
An indictment or information must be filed prior to or at the time of arraignment under Delaware criminal procedure.
Question 4: Which constitutional provision, as applied through the Fourteenth Amendment, governs search and seizure protections in Delaware criminal proceedings?
- First Amendment
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Sixth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment prohibition on unreasonable searches and seizures applies to state proceedings through the Fourteenth Amendment's Due Process Clause.
Question 5: Under Delaware law, what is the statute of limitations for most Class A felonies?
- 3 years
- 5 years
- No limitation (Correct answer)
- 10 years
Correct answer: No limitation
Delaware has no statute of limitations for Class A felonies, which include the most serious crimes such as murder.
Question 6: Which standard governs the sufficiency of evidence needed to sustain a Delaware criminal conviction on appeal?
- Preponderance of the evidence
- Clear and convincing evidence
- Whether any rational trier of fact could find guilt beyond a reasonable doubt (Correct answer)
- Substantial evidence test
Correct answer: Whether any rational trier of fact could find guilt beyond a reasonable doubt
Delaware appellate courts apply the Jackson v. Virginia standard, asking whether any rational trier of fact could have found guilt beyond a reasonable doubt.
DE Bar DE Bar Criminal Law and Procedure 1
Under Delaware law, which mental state is required for first-degree murder?