DE Bar Criminal Law and Procedure Flashcards

In Delaware, what is the minimum age at which a juvenile may be prosecuted as an adult for a Class A or B felony?

Answer: 14

Delaware law permits juveniles aged 14 or older to be transferred to Superior Court for prosecution as adults for serious felonies.

Which doctrine allows Delaware courts to admit evidence obtained in violation of the Fourth Amendment when officers reasonably relied on a defective warrant?

Answer: Good faith exception

Under United States v. Leon, adopted in Delaware, evidence obtained pursuant to a defective warrant is admissible if officers acted in objective good faith reliance on it.

Under the Delaware Rules of Criminal Procedure, a defendant must file a motion to suppress evidence how many days before trial?

Answer: 20 days

Delaware Superior Court Criminal Rule 12 requires pretrial motions, including suppression motions, to be filed at least 20 days before trial unless the court grants leave.

What standard applies when a Delaware court evaluates whether a defendant's confession was voluntary and admissible?

Answer: Totality of the circumstances

Delaware courts apply the totality of the circumstances test to determine whether a defendant's confession was the product of free and rational choice.

Under Delaware law, which party bears the burden of proof on an affirmative defense such as self-defense?

Answer: The prosecution must disprove it beyond a reasonable doubt

Once a defendant raises self-defense with sufficient evidence, the prosecution bears the burden of disproving it beyond a reasonable doubt in Delaware.

Which Delaware court handles misdemeanor criminal cases and preliminary hearings for felony offenses?

Answer: Court of Common Pleas

The Delaware Court of Common Pleas has original jurisdiction over misdemeanor criminal cases and conducts preliminary hearings for felonies.