JD Criminal Law and Procedure 3

Question 1

Which standard must police meet to effectuate a valid arrest?

Accepted Answer

Probable cause

Answer

A lawful arrest requires probable cause — a reasonable belief based on articulable facts that the suspect has committed or is committing a crime.

Question 2

Under Brady v. Maryland (1963), prosecutors are constitutionally required to disclose what?

Accepted Answer

Exculpatory evidence material to guilt or punishment

Answer

Brady v. Maryland held that suppression of material exculpatory evidence by the prosecution violates due process, regardless of good or bad faith.

Question 3

For conspiracy liability to attach under common law, most jurisdictions require which elements?

Accepted Answer

Agreement and an overt act in furtherance

Answer

Common law conspiracy requires an agreement between two or more persons to commit an unlawful act, and most jurisdictions also require at least one overt act in furtherance.

Question 4

What is 'voir dire' in the context of a criminal jury trial?

Accepted Answer

The process of questioning prospective jurors to select an impartial jury

Answer

Voir dire is the pre-trial examination of prospective jurors to identify bias, relationships, or other disqualifying factors, allowing challenges for cause and peremptory strikes.

Question 5

The 'good faith exception' to the exclusionary rule, established in United States v. Leon (1984), applies when:

Accepted Answer

Officers objectively and reasonably rely on a facially valid warrant later found defective

Answer

The good faith exception permits admission of evidence obtained by officers who reasonably and objectively relied on a warrant that was later found to be invalid.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Criminal Law and Procedure 3