JD Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under the Model Penal Code, which mens rea level requires that the defendant be aware of and consciously disregard a substantial and unjustifiable risk?
- Purposely
- Knowingly
- Recklessly (Correct answer)
- Negligently
Correct answer: Recklessly
Under the MPC, recklessness requires conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct a law-abiding person would observe.
Question 2: The Fourth Amendment protects against unreasonable searches and seizures. For the Amendment to apply, which must exist?
- A police officer must be present
- The defendant must own the searched property
- A reasonable expectation of privacy (Katz test) (Correct answer)
- A warrant must have been sought
Correct answer: A reasonable expectation of privacy (Katz test)
Under Katz v. United States (1967), the Fourth Amendment applies when the person had a subjective expectation of privacy that society recognizes as objectively reasonable.
Question 3: Miranda rights must be given before custodial interrogation. 'Custody' for Miranda purposes is determined by:
- Whether the defendant was handcuffed
- Whether a reasonable person would feel free to terminate the encounter and leave (Correct answer)
- The subjective intent of the arresting officer
- Whether formal charges had been filed
Correct answer: Whether a reasonable person would feel free to terminate the encounter and leave
Miranda custody is an objective test: whether a reasonable person in the suspect's position would feel free to terminate the interrogation and leave.
Question 4: The 'exclusionary rule' provides that evidence obtained in violation of the Fourth Amendment is:
- Admissible if credible
- Excluded from use at trial (Correct answer)
- Subject to a good-faith exception only
- Admissible in civil but not criminal proceedings
Correct answer: Excluded from use at trial
The exclusionary rule, established in Mapp v. Ohio (1961), requires that evidence obtained through unconstitutional searches and seizures be suppressed at trial.
Question 5: Which mens rea element is required for common law burglary?
- Intent to commit a felony therein at the time of entry (Correct answer)
- Intent to trespass
- Knowledge of unlawfulness
- Recklessness as to the occupant's presence
Correct answer: Intent to commit a felony therein at the time of entry
Common law burglary requires breaking and entering a dwelling of another at nighttime with the specific intent to commit a felony inside at the time of entry.
Question 6: The Double Jeopardy Clause of the Fifth Amendment protects against which scenario?
- Being tried in both federal and state court for the same act
- Being charged with two crimes arising from one act
- A second prosecution for the same offense after acquittal or conviction (Correct answer)
- Being subject to both civil and criminal liability
Correct answer: A second prosecution for the same offense after acquittal or conviction
The Double Jeopardy Clause bars a second prosecution for the same offense after acquittal or conviction, and prohibits multiple punishments for the same offense.
JD Criminal Law and Procedure 1
Under the Model Penal Code, which mens rea level requires that the defendant be aware of and consciously disregard a substantial and unjustifiable risk?