FL Bar Criminal Law and Procedure 2

Question 1

Under the Double Jeopardy Clause, a defendant who is acquitted may NOT be retried even if:

Accepted Answer

All of the above

Answer

New evidence is discovered

Answer

The acquittal was based on juror misconduct

Answer

The prosecutor committed error

Question 2

Florida's 'Stand Your Ground' law eliminates the duty to retreat for a person who:

Accepted Answer

Is lawfully present in any place and not engaged in criminal activity when faced with imminent death or great bodily harm

Answer

Is the initial aggressor

Answer

Is inside their home only

Answer

Has retreated to the wall first

Question 3

Under the Sixth Amendment, the right to counsel attaches at:

Accepted Answer

The initiation of formal adversarial proceedings

Answer

The moment of arrest

Answer

The point of custodial interrogation only

Answer

Filing of an information

Question 4

To convict a defendant of conspiracy, most jurisdictions (including Florida) require proof of:

Accepted Answer

An agreement and an overt act in furtherance

Answer

An agreement and completion of the target crime

Answer

Mental intent alone

Answer

More than two co-conspirators

Question 5

Under Florida law, the insanity defense (M'Naghten standard) requires that the defendant, at the time of the crime:

Accepted Answer

Did not know the nature of the act or did not know it was wrong due to mental disease or defect

Answer

Was under extreme emotional distress

Answer

Lacked the ability to conform conduct to law

Answer

Was involuntarily intoxicated

Question 6

Which exception allows warrantless searches of automobiles when police have probable cause to believe the vehicle contains contraband?

Accepted Answer

Automobile exception

Answer

Plain view doctrine

Answer

Inventory search exception

Answer

Exigent circumstances doctrine