NALA Criminal Law and Procedure 2

Question 1

Under the Double Jeopardy Clause of the Fifth Amendment, a defendant acquitted at trial may generally NOT be:

Accepted Answer

Retried for the same offense in federal court

Answer

Sued civilly for the same conduct

Answer

Charged with a lesser included offense in a separate state proceeding

Answer

Held in contempt for related conduct

Question 2

Which standard of proof is required to convict a defendant in a criminal trial in the United States?

Accepted Answer

Beyond a reasonable doubt

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Answer

Probable cause

Question 3

A 'specific intent' crime requires the prosecution to prove that the defendant:

Accepted Answer

Had a subjective purpose to accomplish a particular result

Answer

Acted negligently toward a foreseeable risk

Answer

Caused harm regardless of mental state

Answer

Knew the general nature of the act

Question 4

The exclusionary rule established in Mapp v. Ohio (1961) requires that:

Accepted Answer

Evidence obtained in violation of the Fourth Amendment is inadmissible in state court

Answer

Confessions obtained without Miranda warnings are automatically inadmissible

Answer

All illegally seized evidence is admitted if probative value outweighs prejudice

Answer

Only federal courts must suppress unconstitutionally obtained evidence

Question 5

An alibi defense claims that the defendant:

Accepted Answer

Was elsewhere when the crime occurred

Answer

Lacked the mental capacity to form criminal intent

Answer

Acted in self-defense against an imminent threat

Answer

Was entrapped by law enforcement

Question 6

Which of the following best describes 'mens rea' in criminal law?

Accepted Answer

The guilty mind or criminal intent required for an offense

Answer

The physical act constituting the crime

Answer

The victim's contribution to the criminal act

Answer

The causal link between act and harm

Question 7

Under the Federal Rules of Criminal Procedure, a defendant enters a plea at which proceeding?

Accepted Answer

Arraignment

Answer

Grand jury hearing

Answer

Preliminary hearing

Answer

Sentencing hearing