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Criminal Law & Procedure Flashcards

7 cards from real LLM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. The Sixth Amendment right to a speedy trial is assessed using which multi-factor balancing test?

    Answer: Barker v. Wingo four-factor test

    Barker v. Wingo established a four-factor balancing test examining length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

  2. Under the MPC, the defense of duress is available when a defendant commits a crime because of a threat of:

    Answer: Unlawful force that a person of reasonable firmness could not resist

    MPC § 2.09 permits a duress defense when the actor is coerced by unlawful force that a person of reasonable firmness in his situation would have been unable to resist.

  3. Brady v. Maryland requires the prosecution to disclose evidence that is favorable to the accused and:

    Answer: Material to either guilt or punishment

    Brady mandates disclosure of evidence favorable to the accused that is material to either guilt or punishment, regardless of the good faith of the prosecution.

  4. Which standard governs whether a defendant's guilty plea is constitutionally valid under Boykin v. Alabama?

    Answer: The plea must be knowing, intelligent, and voluntary

    Boykin requires the record to affirmatively show that a guilty plea was made knowingly, intelligently, and voluntarily, with the defendant aware of the rights being waived.

  5. For accomplice liability, most jurisdictions require the defendant to have aided the principal with:

    Answer: The purpose of promoting or facilitating the offense

    Accomplice liability typically requires that the defendant intentionally assisted with the purpose of facilitating or promoting the commission of the crime, not merely knowledge.

  6. Double jeopardy's same-elements test from Blockburger v. United States is satisfied (permitting separate prosecutions) when:

    Answer: Each offense requires proof of a fact that the other does not

    Under Blockburger, two offenses are different for double jeopardy purposes if each requires proof of at least one element the other does not.

  7. In a federal criminal trial, venue must be laid in the district where:

    Answer: The offense was committed

    Article III, Section 2 and the Sixth Amendment both require that federal criminal trials be held in the state and district where the crime was committed.