KY Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: A defendant broke into a neighbor's garage at night intending to steal a lawnmower but fled empty-handed when a light came on. Under common law principles tested on the bar exam, of what crime is the defendant guilty?
- No crime, because he abandoned the plan before taking anything
- Attempted larceny only, because nothing was taken
- Larceny, because intent alone completes the offense
- Burglary, because he entered a structure at night with intent to commit larceny (Correct answer)
Correct answer: Burglary, because he entered a structure at night with intent to commit larceny
Burglary is complete upon breaking and entering with the requisite felonious intent, regardless of whether the intended crime is carried out.
Question 2: Under Kentucky law (KRS 507.020), which of the following mental states supports a conviction for murder absent an intent to kill?
- Simple carelessness while engaged in a lawful act
- Criminal negligence
- Wantonness manifesting extreme indifference to the value of human life (Correct answer)
- Ordinary recklessness
Correct answer: Wantonness manifesting extreme indifference to the value of human life
Kentucky's murder statute covers both intentional killings and wanton conduct creating a grave risk of death under circumstances showing extreme indifference to human life.
Question 3: Police stop a driver for a broken taillight and, without any additional suspicion, extend the stop 20 minutes to wait for a drug dog, which then alerts. Under Rodriguez v. United States, the resulting search is:
- Lawful, because dog sniffs are not searches
- Unlawful only if the driver objected to waiting
- Lawful, because 20 minutes is a de minimis delay
- Unlawful, because prolonging a stop beyond its mission requires independent reasonable suspicion (Correct answer)
Correct answer: Unlawful, because prolonging a stop beyond its mission requires independent reasonable suspicion
Rodriguez holds that police may not extend a completed traffic stop, even briefly, to conduct a dog sniff without reasonable suspicion of other criminal activity.
Question 4: A defendant charged with felony theft asks the court to proceed without counsel. Before granting the request, the trial judge must primarily ensure that the waiver of counsel is:
- Approved by standby counsel
- In the defendant's best strategic interest
- Knowing, voluntary, and intelligent after warning of the dangers of self-representation (Correct answer)
- Made in writing and notarized
Correct answer: Knowing, voluntary, and intelligent after warning of the dangers of self-representation
Under Faretta v. California, a defendant may waive counsel only after the court conducts a colloquy showing the waiver is knowing, voluntary, and intelligent.
Question 5: Two men agree to rob a bank; one buys ski masks the next day. Under Kentucky's conspiracy statute (KRS 506.040), what is required for conspiracy liability?
- The agreement alone, with no further conduct
- Completion of the target offense
- A written or recorded agreement
- An agreement plus an overt act by any conspirator in furtherance of the conspiracy (Correct answer)
Correct answer: An agreement plus an overt act by any conspirator in furtherance of the conspiracy
Kentucky's criminal conspiracy statute requires an agreement to commit a crime plus an overt act in furtherance of the conspiracy by the defendant or a co-conspirator.
Question 6: During custodial interrogation a suspect says, 'Maybe I should talk to a lawyer.' Police continue questioning and obtain a confession. Under Davis v. United States, the confession is:
- Inadmissible, because any mention of a lawyer invokes the right to counsel
- Admissible only if the suspect later signed a written waiver
- Inadmissible, because police must clarify ambiguous requests before continuing
- Admissible, because an ambiguous reference to counsel does not require police to stop questioning (Correct answer)
Correct answer: Admissible, because an ambiguous reference to counsel does not require police to stop questioning
Davis holds that a suspect must unambiguously request counsel; an equivocal statement like 'maybe I should talk to a lawyer' does not obligate police to cease interrogation.
Question 7: A defendant is convicted in Kentucky state court of theft and is later prosecuted in federal court for the same conduct under a federal statute. The Double Jeopardy Clause:
- Bars the federal prosecution unless new evidence is discovered
- Bars the federal prosecution because the conduct is identical
- Does not bar the federal prosecution under the dual sovereignty doctrine (Correct answer)
- Applies only if both prosecutions seek the death penalty
Correct answer: Does not bar the federal prosecution under the dual sovereignty doctrine
Under the dual sovereignty doctrine, reaffirmed in Gamble v. United States, successive state and federal prosecutions for the same conduct do not violate double jeopardy.
KY Bar Criminal Law and Procedure 2
A defendant broke into a neighbor's garage at night intending to steal a lawnmower but fled empty-handed when a light came on.
Under common law principles tested on the bar exam, of what crime is the defendant guilty?