FREE OR Bar Criminal Law Questions and Answers
In Oregon, which defense is NOT available in a criminal prosecution?
In Oregon, defenses such as insanity, duress, and self-defense are recognized. Legal impossibility, where the defendant argues that it was impossible to commit the crime due to an error in law or fact, is not a valid defense in Oregon. Legal impossibility is generally not accepted as a defense because it does not negate the defendant’s culpability if the elements of the crime are satisfied.
Under Oregon law, which statement best describes the crime of "Theft in the first degree"?
Theft in the first degree under Oregon law involves the unlawful taking of property valued at $1,000 or more. This is distinct from theft in the second degree, which involves property valued at less than $1,000, and other crimes that may involve force or threats.
Under Oregon law, which of the following is considered a Class A felony?
In Oregon, Murder is classified as a Class A felony, which is the most serious felony classification. Theft in the third degree and Assault in the fourth degree are considered lesser offenses, and Burglary in the second degree is classified as a Class B felony.
Which of the following is required for a valid arrest warrant under Oregon law?
Under Oregon law, a valid arrest warrant requires probable cause that a crime has been committed and that the suspect is likely responsible. This standard is higher than reasonable suspicion and is necessary to obtain a warrant. A signed statement by the victim or the suspect's confession alone does not suffice for issuing a warrant without probable cause.
What is the standard of proof required for a conviction in a criminal case in Oregon?
In Oregon, as in all U.S. jurisdictions, the standard of proof required for a criminal conviction is "beyond a reasonable doubt." This is the highest standard of proof and requires the prosecution to establish the defendant's guilt to such an extent that there is no reasonable doubt in the mind of a reasonable person.