LLM Criminal Law & Procedure 3

Question 1

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

Accepted Answer

Barker v. Wingo four-factor test

Answer

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.

Question 2

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

Accepted Answer

Unlawful force that a person of reasonable firmness could not resist

Answer

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.

Question 3

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

Accepted Answer

Material to either guilt or punishment

Answer

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.

Question 4

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

Accepted Answer

The plea must be knowing, intelligent, and voluntary

Answer

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.

Question 5

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

Accepted Answer

The purpose of promoting or facilitating the offense

Answer

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

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Criminal Law & Procedure 3