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

The Double Jeopardy Clause bars the government from retrying a defendant for the same offense after an acquittal in the same sovereign's court.

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

The Due Process Clause requires the prosecution to prove every element of the offense beyond a reasonable doubt.

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

Specific intent crimes require proof that the defendant consciously desired to bring about a particular prohibited result.

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

Mapp v. Ohio incorporated the exclusionary rule to the states, requiring suppression of evidence obtained in violation of Fourth Amendment rights.

Question 5

An alibi defense claims that the defendant:

Accepted Answer

Was elsewhere when the crime occurred

Answer

An alibi defense asserts that the defendant was at a different location at the time the crime was committed and therefore could not have committed it.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Criminal Law and Procedure 2