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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
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.