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
Under Delaware law, which mental state is required for first-degree murder?
Answer: Intent to cause death
Delaware first-degree murder requires the intentional causing of another person's death under 11 Del. C. § 636.
In Delaware, which court has original jurisdiction over felony criminal cases?
Answer: Superior Court
The Delaware Superior Court has exclusive original jurisdiction over all felony criminal matters.
Under the Delaware Rules of Criminal Procedure, when must an indictment or information be filed for a felony charge?
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.
Which constitutional provision, as applied through the Fourteenth Amendment, governs search and seizure protections in Delaware criminal proceedings?
Answer: Fourth Amendment
The Fourth Amendment prohibition on unreasonable searches and seizures applies to state proceedings through the Fourteenth Amendment's Due Process Clause.
Under Delaware law, what is the statute of limitations for most Class A felonies?
Answer: No limitation
Delaware has no statute of limitations for Class A felonies, which include the most serious crimes such as murder.
Which standard governs the sufficiency of evidence needed to sustain a Delaware criminal conviction on appeal?
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.