JD Criminal Law and Procedure 2

Question 1

Under the common law, first-degree murder typically requires:

Accepted Answer

Premeditation and deliberation with malice aforethought

Answer

Intent to cause serious bodily harm

Answer

Reckless disregard for human life

Answer

Commission of a dangerous felony

Question 2

The 'felony murder' rule imposes murder liability when a killing occurs during the commission of which type of crime?

Accepted Answer

An enumerated dangerous felony

Answer

Any misdemeanor

Answer

Any criminal act

Answer

A non-violent felony only

Question 3

An affirmative defense of 'self-defense' generally requires that the defendant's use of force was:

Accepted Answer

Proportional to an imminent threat of unlawful force

Answer

Preemptive in response to a past threat

Answer

Retaliatory for a prior assault

Answer

Authorized by law enforcement

Question 4

The Sixth Amendment right to counsel attaches at what stage of a criminal proceeding?

Accepted Answer

At the initiation of formal adversarial proceedings

Answer

At the time of arrest

Answer

At any police questioning

Answer

At the time charges are contemplated

Question 5

Which standard of proof is required for a criminal conviction in the United States?

Accepted Answer

Beyond a reasonable doubt

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Answer

Probable cause

Question 6

The insanity defense under the M'Naghten rule focuses on whether the defendant:

Accepted Answer

Did not know the nature of the act or that it was wrong due to a mental disease

Answer

Lacked impulse control due to mental disease

Answer

Was intoxicated involuntarily

Answer

Had diminished capacity at the time of the crime