NC Bar Criminal Law 3

Question 1

The Sixth Amendment right to counsel attaches:

Accepted Answer

At the initiation of formal criminal proceedings (indictment, arraignment, or formal charge)

Answer

The Sixth Amendment right to counsel attaches at the initiation of formal adversarial proceedings — indictment, information, arraignment, or first appearance before a judicial officer.

Question 2

In North Carolina, the felony sentencing grid uses two axes to determine a sentence. These are:

Accepted Answer

Offense class and prior record level

Answer

North Carolina's Structured Sentencing Act uses a grid where the offense class (A through I) and the defendant's prior record level (I through VI) determine the presumptive range.

Question 3

Under the NC Structured Sentencing Act, a 'presumptive' sentence falls within the standard range. A judge may deviate with an 'aggravated' sentence when:

Accepted Answer

The jury (or judge with waiver) finds at least one aggravating factor

Answer

Under Blakely v. Washington principles, aggravating factors used to exceed the presumptive range must be found by a jury or admitted by the defendant.

Question 4

In North Carolina, robbery with a dangerous weapon (armed robbery) under N.C.G.S. § 14-87 requires:

Accepted Answer

Use or threatened use of a firearm or other dangerous weapon to take property from another person

Answer

N.C.G.S. § 14-87 requires that the defendant use or threaten the use of a dangerous weapon to take or attempt to take property from another person.

Question 5

The right to a speedy trial under the Sixth Amendment is evaluated under the four-factor balancing test from:

Accepted Answer

Barker v. Wingo

Answer

Barker v. Wingo established a four-factor balancing test for speedy trial claims: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Criminal Law 3