FREE RI Bar Criminal Law and Procedure Questions and Answers
Which of the following best describes the "Miranda rights" that must be read to a suspect in custody before interrogation?
Miranda rights require law enforcement to inform a suspect of their rights to remain silent, to have an attorney present during questioning, and that anything they say can be used against them in court. These rights are designed to protect the suspect's Fifth Amendment right against self-incrimination.
Under Rhode Island law, what is the primary purpose of a preliminary hearing in a criminal case?
A preliminary hearing is held to determine whether there is sufficient evidence to proceed to trial. It is not a trial on the merits but rather a proceeding to ensure that there is probable cause to believe that the defendant committed the crime charged.
Which of the following defenses asserts that the defendant committed the criminal act but should not be held criminally liable due to mental illness at the time of the offense?
The insanity defense asserts that the defendant committed the criminal act but should not be held criminally liable due to a severe mental illness or defect at the time of the offense. This defense argues that the defendant was unable to understand the nature of their actions or distinguish right from wrong due to their mental condition.
Which amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures?
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by the government. It requires that any search or seizure be conducted with a warrant based on probable cause or fall within an established exception to the warrant requirement.
What is the standard of proof required to convict a defendant in a criminal trial?
In a criminal trial, the prosecution must prove the defendant's guilt "beyond a reasonable doubt." This is the highest standard of proof and requires that the evidence be so convincing that there is no reasonable doubt about the defendant’s guilt.