NC Bar Criminal Law 2

Question 1

Miranda warnings are required before a custodial interrogation. 'Custody' for Miranda purposes means the suspect is:

Accepted Answer

Under formal arrest or deprived of freedom of action in any significant way

Answer

Miranda custody exists when a reasonable person in the suspect's position would not feel free to terminate the encounter and leave.

Question 2

The Double Jeopardy Clause of the Fifth Amendment prevents prosecution for the same offense twice. Under the Blockburger test, two offenses are the 'same offense' if:

Accepted Answer

Each offense does not require proof of an additional element not required by the other

Answer

Under Blockburger v. United States, two offenses are the same for double jeopardy purposes if neither requires proof of a fact not required by the other.

Question 3

In North Carolina, assault with a deadly weapon with intent to kill inflicting serious injury is classified as a:

Accepted Answer

Class C felony

Answer

N.C.G.S. § 14-32(a) classifies assault with a deadly weapon with intent to kill inflicting serious injury as a Class C felony.

Question 4

The exclusionary rule generally bars evidence obtained in violation of the Fourth Amendment. The 'good faith exception' applies when:

Accepted Answer

An officer acts in objectively reasonable reliance on a warrant later found to be defective

Answer

United States v. Leon established that evidence seized in good-faith reliance on a facially valid warrant that is later invalidated need not be suppressed.

Question 5

Voluntary intoxication in North Carolina may be a defense to:

Accepted Answer

Specific intent crimes where it negates the required mens rea

Answer

Voluntary intoxication may negate the specific intent element of a crime but is not a defense to general intent or strict liability offenses.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Criminal Law 2