DE Bar Criminal Law and Procedure Flashcards
6 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 DE Bar Criminal Law and Procedure flashcards as text
In Delaware, what crime is it to knowingly possess a controlled substance without a valid prescription?
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.
Under Delaware law, what distinguishes robbery in the second degree from theft?
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.
Which Delaware constitutional provision mirrors the federal privilege against self-incrimination?
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.
Under Delaware criminal law, what is the required showing for a court to issue a search warrant?
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.
In Delaware, aggravated menacing is committed when a person intentionally places another in fear of imminent physical injury while displaying what?
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.
Delaware's Criminal Code classifies criminal offenses into which categories?
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.