NJ Bar Criminal Law and Procedure

Question 1

The mens rea element 'purposely' under the Model Penal Code means the defendant acted with what state of mind?

Accepted Answer

Conscious object to cause the result

Answer

Awareness that the result was practically certain

Answer

Reckless disregard of a substantial risk

Answer

Negligence below the standard of care

Question 2

Under the Fourth Amendment, a warrantless search of a home is presumptively unreasonable unless which condition is met?

Accepted Answer

An exigent circumstance or recognized exception applies

Answer

There is probable cause alone

Answer

A magistrate approves it afterwards

Answer

The homeowner is arrested

Question 3

Miranda warnings must be given before custodial interrogation; custody exists when a reasonable person would believe what?

Accepted Answer

They were not free to terminate the encounter

Answer

They were free to leave at any time

Answer

The police had no evidence

Answer

An attorney was present

Question 4

Under the Double Jeopardy Clause, jeopardy attaches in a jury trial at which point?

Accepted Answer

When the jury is sworn in

Answer

When the indictment is filed

Answer

When the first witness testifies

Answer

When the verdict is returned

Question 5

The felony murder rule holds a defendant liable for murder when a death occurs during the commission of which type of offense?

Accepted Answer

An inherently dangerous felony

Answer

Any misdemeanor

Answer

Any traffic violation

Answer

A civil infraction

Question 6

In New Jersey, aggravated assault causing serious bodily injury is classified as which degree of crime?

Accepted Answer

Second-degree crime

Answer

Disorderly persons offense

Answer

Fourth-degree crime

Answer

Third-degree crime