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

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?

Accepted Answer

Insanity defense

Answer

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?

Accepted Answer

The evidence would have been inevitably discovered through lawful means

Answer

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?

Accepted Answer

Firearms

Answer

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?

Accepted Answer

An unlawful act or a lawful act by unlawful means

Answer

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.

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar Criminal Law and Procedure 2