NALA Criminal Law and Procedure 3

Question 1

The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to:

Accepted Answer

Derivative evidence discovered as a result of an initial constitutional violation

Answer

Evidence obtained through independent sources only

Answer

Physical evidence but not witness testimony

Answer

Evidence admitted under the good faith exception

Question 2

A 'no contest' (nolo contendere) plea differs from a guilty plea primarily because it:

Accepted Answer

Cannot be used as an admission in a subsequent civil proceeding

Answer

Carries a lighter criminal sentence by statute

Answer

Preserves all appellate rights automatically

Answer

Requires the court to find a factual basis for the offense

Question 3

Which Amendment to the U.S. Constitution protects against unreasonable searches and seizures?

Accepted Answer

Fourth Amendment

Answer

Fifth Amendment

Answer

Sixth Amendment

Answer

Eighth Amendment

Question 4

In criminal law, 'voluntary manslaughter' is distinguished from murder primarily by the presence of:

Accepted Answer

Adequate provocation causing heat of passion

Answer

Premeditation and deliberation

Answer

Felony murder circumstances

Answer

Malice aforethought

Question 5

A criminal defendant's Sixth Amendment right to a speedy trial attaches at what point?

Accepted Answer

Upon arrest or formal charge, whichever is earlier

Answer

Only after indictment by a grand jury

Answer

When the defendant is formally sentenced

Answer

At the moment the crime is committed

Question 6

Which of the following is an example of an 'affirmative defense' in criminal law?

Accepted Answer

Claiming insanity as a defense to criminal responsibility

Answer

Challenging the chain of custody of evidence

Answer

Asserting that the prosecution failed to prove an element beyond a reasonable doubt

Answer

Moving to suppress illegally obtained evidence

Question 7

Under the Miranda rule, warnings are required before custodial interrogation. 'Custody' for Miranda purposes means:

Accepted Answer

A situation where a reasonable person would not feel free to leave

Answer

Any questioning by law enforcement regardless of setting

Answer

A formal arrest is the only situation triggering Miranda

Answer

Detention lasting more than 48 hours