NE Bar Criminal Law

Question 1

What mental state is required for first-degree murder in Nebraska?

Accepted Answer

Premeditation and deliberation with intent to kill

Answer

Recklessness

Answer

Negligence

Answer

No mental state

Question 2

What is the felony murder rule in Nebraska?

Accepted Answer

A killing during the commission of certain dangerous felonies is treated as murder regardless of intent to kill

Answer

Only the actual killer can be charged

Answer

The rule has been abolished

Answer

It applies only to gun crimes

Question 3

Under Nebraska law, what is the standard for self-defense?

Accepted Answer

Reasonable belief that force is necessary to defend against imminent unlawful force

Answer

Any belief of threat justifies any force

Answer

Self-defense requires retreat in all cases

Answer

Only deadly force is covered

Question 4

What is the exclusionary rule as applied in Nebraska?

Accepted Answer

Evidence obtained through unconstitutional means is inadmissible at trial

Answer

All evidence obtained by police is admissible

Answer

Only confessions can be excluded

Answer

The rule only applies in federal courts

Question 5

What are the Miranda requirements in Nebraska?

Accepted Answer

Suspects in custody must be informed of their right to silence and counsel before interrogation

Answer

Miranda only applies to felony arrests

Answer

Warnings are optional at the officers discretion

Answer

Miranda applies only in federal cases

Question 6

Under Nebraska law, what is the burden of proof in a criminal case?

Accepted Answer

Beyond a reasonable doubt

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Answer

Probable cause