NC Bar Criminal Law 1 — Questions and Answers
Question 1: In North Carolina, first-degree murder requires proof of:
- Intent to kill only
- Premeditation and deliberation, or felony murder during an enumerated felony (Correct answer)
- Malice aforethought and gross negligence
- Voluntary intoxication and recklessness
Correct answer: Premeditation and deliberation, or felony murder during an enumerated felony
Under N.C.G.S. § 14-17, first-degree murder requires either premeditated and deliberate killing or killing during the perpetration of certain enumerated felonies (felony murder).
Question 2: The mens rea required for larceny in North Carolina is:
- Negligent disregard of another's property
- Intent to permanently deprive the owner of property (Correct answer)
- Reckless indifference to ownership
- Knowledge that the property belongs to another
Correct answer: Intent to permanently deprive the owner of property
Common law larceny and North Carolina larceny require the specific intent to permanently deprive the owner of their property at the time of the taking.
Question 3: In North Carolina, the insanity defense (M'Naghten test) requires that the defendant, at the time of the act:
- Was under extreme emotional disturbance
- Did not know the nature of the act or did not know it was wrong due to a mental disease or defect (Correct answer)
- Was involuntarily intoxicated
- Lacked the capacity to form any intent
Correct answer: Did not know the nature of the act or did not know it was wrong due to a mental disease or defect
North Carolina follows the M'Naghten test, requiring that the defendant, due to a mental disease or defect, did not know the nature of the act or did not know it was wrong.
Question 4: Under the Fourth Amendment, a warrantless search is presumptively unreasonable unless it falls within a recognized exception. Which is NOT a recognized exception?
- Incident to a lawful arrest
- Exigent circumstances
- General administrative searches (Correct answer)
- Plain view doctrine
Correct answer: General administrative searches
General administrative searches (as a standalone warrantless exception for criminal investigation) are not recognized; administrative searches typically require a warrant or special needs justification.
Question 5: The Fifth Amendment privilege against self-incrimination protects a defendant from being compelled to:
- Provide a handwriting exemplar
- Submit to a blood draw in a DWI case
- Testify against himself in a criminal proceeding (Correct answer)
- Produce pre-existing business documents
Correct answer: Testify against himself in a criminal proceeding
The Fifth Amendment specifically protects against compelled testimonial self-incrimination — it covers oral testimony but generally not physical evidence like blood, handwriting, or voice exemplars.
Question 6: In North Carolina, breaking or entering with intent to commit a felony therein constitutes:
- Simple trespass
- Second-degree trespass
- Felony breaking or entering under N.C.G.S. § 14-54 (Correct answer)
- Misdemeanor breaking or entering only
Correct answer: Felony breaking or entering under N.C.G.S. § 14-54
N.C.G.S. § 14-54 makes breaking or entering a building with intent to commit any felony or larceny a Class H felony in North Carolina.
NC Bar Criminal Law 1
In North Carolina, first-degree murder requires proof of: