MPOETC Criminal Law & Procedures 4 — Questions and Answers
Question 1: Under Pennsylvania law, which element distinguishes burglary from criminal trespass?
- The time of day the entry occurs
- The intent to commit a crime inside the structure at the time of entry (Correct answer)
- Whether the structure is occupied
- The use of force to enter
Correct answer: The intent to commit a crime inside the structure at the time of entry
Burglary requires that the person enters a structure with the intent to commit a crime therein; criminal trespass does not require this additional criminal intent.
Question 2: Which Supreme Court case established that defendants have a Sixth Amendment right to counsel at all critical stages of prosecution?
- Gideon v. Wainwright (Correct answer)
- Escobedo v. Illinois
- Massiah v. United States
- United States v. Wade
Correct answer: Gideon v. Wainwright
Gideon v. Wainwright (1963) held that the Sixth Amendment right to counsel applies to state criminal proceedings through the Fourteenth Amendment.
Question 3: What is the legal term for an agreement between two or more persons to commit an unlawful act?
- Solicitation
- Attempt
- Conspiracy (Correct answer)
- Aiding and abetting
Correct answer: Conspiracy
Conspiracy is the criminal offense of an agreement between two or more persons to commit an unlawful act, often requiring an overt act in furtherance.
Question 4: A warrantless search of a home is presumptively unreasonable under the Fourth Amendment EXCEPT when:
- The officer believes a crime occurred there
- Exigent circumstances such as hot pursuit or imminent destruction of evidence exist (Correct answer)
- A neighbor consents to the search
- The suspect has a prior criminal record
Correct answer: Exigent circumstances such as hot pursuit or imminent destruction of evidence exist
Exigent circumstances—such as hot pursuit of a fleeing felon, preventing destruction of evidence, or rendering emergency aid—are recognized exceptions to the warrant requirement for homes.
Question 5: In Pennsylvania, 'theft by deception' occurs when a person intentionally obtains property of another by:
- Taking it without permission
- Creating or reinforcing a false impression (Correct answer)
- Using force or threats
- Keeping lost property
Correct answer: Creating or reinforcing a false impression
Theft by deception requires that the offender intentionally create or reinforce a false impression to induce the victim to transfer property.
Question 6: What is the legal effect of a 'nolle prosequi' entered by a prosecutor?
- The defendant is found not guilty
- The prosecution declines to proceed and the charges are dropped (Correct answer)
- The case is transferred to another court
- The defendant is released on bail pending trial
Correct answer: The prosecution declines to proceed and the charges are dropped
A nolle prosequi is a formal notice by the prosecutor declaring that the case will not be prosecuted, resulting in dismissal of the charges.
Question 7: Which level of proof must the Commonwealth meet to obtain a conviction at trial?
- Reasonable suspicion
- Probable cause
- Preponderance of the evidence
- Beyond a reasonable doubt (Correct answer)
Correct answer: Beyond a reasonable doubt
The Due Process Clause requires the prosecution to prove every element of the offense beyond a reasonable doubt to obtain a criminal conviction.
MPOETC Criminal Law & Procedures 4
Under Pennsylvania law, which element distinguishes burglary from criminal trespass?