NJ Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: The Sixth Amendment right to counsel attaches at which critical stage of criminal proceedings?
- At arrest
- At the initiation of formal adversarial proceedings (Correct answer)
- At booking
- At first police contact
Correct answer: At the initiation of formal adversarial proceedings
The Sixth Amendment right to counsel attaches once formal proceedings begin, such as indictment, arraignment, or preliminary hearing.
Question 2: Under NJ's Code of Criminal Justice, which affirmative defense requires the defendant to prove by a preponderance that mental disease left them unable to understand the wrongfulness of their conduct?
- Duress
- Insanity defense (Correct answer)
- Diminished capacity
- Voluntary intoxication
Correct answer: Insanity defense
NJ's insanity defense (N.J.S.A. 2C:4-1) requires proof by preponderance that the defendant lacked capacity to understand wrongfulness due to mental disease.
Question 3: The exclusionary rule's 'inevitable discovery' exception holds that evidence obtained illegally may still be admitted if what?
- The officer acted in good faith
- The evidence would have been inevitably discovered through lawful means (Correct answer)
- A warrant was later obtained
- The defendant consented after the fact
Correct answer: The evidence would have been inevitably discovered through lawful means
Under Nix v. Williams, the inevitable discovery exception allows illegally seized evidence if the prosecution proves it would have been found through independent lawful investigation.
Question 4: Under NJ law, the Graves Act mandates a minimum term of parole ineligibility for crimes involving which weapon?
- Knives
- Firearms (Correct answer)
- Explosives only
- Any deadly weapon
Correct answer: Firearms
New Jersey's Graves Act (N.J.S.A. 2C:43-6(c)) imposes mandatory minimum sentences with parole ineligibility for crimes committed with a firearm.
Question 5: Conspiracy at common law requires an agreement between two or more persons to do what, plus an overt act in many jurisdictions?
- An unlawful act or a lawful act by unlawful means (Correct answer)
- A violent act only
- An act against the government
- A completed crime
Correct answer: An unlawful act or a lawful act by unlawful means
Conspiracy is an agreement to commit an unlawful act or achieve a lawful objective through unlawful means, plus an overt act in most US jurisdictions.
Question 6: New Jersey's Megan's Law requires which individuals to register with local law enforcement?
- All convicted felons
- Sex offenders convicted of specified offenses (Correct answer)
- Domestic violence offenders
- Repeat DUI offenders
Correct answer: Sex offenders convicted of specified offenses
N.J.S.A. 2C:7-2 (Megan's Law) mandates registration by persons convicted of specified sex offenses and notification to communities based on risk tier.
NJ Bar Criminal Law and Procedure 2
The Sixth Amendment right to counsel attaches at which critical stage of criminal proceedings?