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

The Double Jeopardy Clause provides an absolute bar to retrial after acquittal — it applies regardless of newly discovered evidence, error, or misconduct that led to the acquittal.

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

Florida Statutes § 776.012 allows a person lawfully present anywhere to use deadly force without retreating if they reasonably believe it is necessary to prevent death or great bodily harm.

Question 3

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

Accepted Answer

The initiation of formal adversarial proceedings

Answer

The Sixth Amendment right to counsel attaches at the initiation of formal judicial proceedings — indictment, arraignment, preliminary hearing, or 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

Florida's conspiracy statute requires an agreement between two or more persons plus an overt act by any conspirator in furtherance of the conspiracy.

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

Florida applies the M'Naghten test — a defendant is legally insane if a mental disease or defect caused them not to know the nature of the act or not to know it was wrong.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Criminal Law and Procedure 2