JD Criminal Law and Procedure

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?

Accepted Answer

Recklessly

Answer

Purposely

Answer

Knowingly

Answer

Negligently

Question 2

The Fourth Amendment protects against unreasonable searches and seizures. For the Amendment to apply, which must exist?

Accepted Answer

A reasonable expectation of privacy (Katz test)

Answer

A police officer must be present

Answer

The defendant must own the searched property

Answer

A warrant must have been sought

Question 3

Miranda rights must be given before custodial interrogation. 'Custody' for Miranda purposes is determined by:

Accepted Answer

Whether a reasonable person would feel free to terminate the encounter and leave

Answer

Whether the defendant was handcuffed

Answer

The subjective intent of the arresting officer

Answer

Whether formal charges had been filed

Question 4

The 'exclusionary rule' provides that evidence obtained in violation of the Fourth Amendment is:

Accepted Answer

Excluded from use at trial

Answer

Admissible if credible

Answer

Subject to a good-faith exception only

Answer

Admissible in civil but not criminal proceedings

Question 5

Which mens rea element is required for common law burglary?

Accepted Answer

Intent to commit a felony therein at the time of entry

Answer

Intent to trespass

Answer

Knowledge of unlawfulness

Answer

Recklessness as to the occupant's presence

Question 6

The Double Jeopardy Clause of the Fifth Amendment protects against which scenario?

Accepted Answer

A second prosecution for the same offense after acquittal or conviction

Answer

Being tried in both federal and state court for the same act

Answer

Being charged with two crimes arising from one act

Answer

Being subject to both civil and criminal liability