NJ Bar Criminal Law and Procedure 2

Question 1

The Sixth Amendment right to counsel attaches at which critical stage of criminal proceedings?

Accepted Answer

At the initiation of formal adversarial proceedings

Answer

At arrest

Answer

At booking

Answer

At first police contact

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?

Accepted Answer

Insanity defense

Answer

Duress

Answer

Diminished capacity

Answer

Voluntary intoxication

Question 3

The exclusionary rule's 'inevitable discovery' exception holds that evidence obtained illegally may still be admitted if what?

Accepted Answer

The evidence would have been inevitably discovered through lawful means

Answer

The officer acted in good faith

Answer

A warrant was later obtained

Answer

The defendant consented after the fact

Question 4

Under NJ law, the Graves Act mandates a minimum term of parole ineligibility for crimes involving which weapon?

Accepted Answer

Firearms

Answer

Knives

Answer

Explosives only

Answer

Any deadly weapon

Question 5

Conspiracy at common law requires an agreement between two or more persons to do what, plus an overt act in many jurisdictions?

Accepted Answer

An unlawful act or a lawful act by unlawful means

Answer

A violent act only

Answer

An act against the government

Answer

A completed crime

Question 6

New Jersey's Megan's Law requires which individuals to register with local law enforcement?

Accepted Answer

Sex offenders convicted of specified offenses

Answer

All convicted felons

Answer

Domestic violence offenders

Answer

Repeat DUI offenders