NJ Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: The mens rea element 'purposely' under the Model Penal Code means the defendant acted with what state of mind?
- Awareness that the result was practically certain
- Conscious object to cause the result (Correct answer)
- Reckless disregard of a substantial risk
- Negligence below the standard of care
Correct answer: Conscious object to cause the result
Under the MPC, 'purposely' means the defendant's conscious object was to engage in the conduct or cause the result.
Question 2: Under the Fourth Amendment, a warrantless search of a home is presumptively unreasonable unless which condition is met?
- There is probable cause alone
- An exigent circumstance or recognized exception applies (Correct answer)
- A magistrate approves it afterwards
- The homeowner is arrested
Correct answer: An exigent circumstance or recognized exception applies
Warrantless home searches violate the Fourth Amendment absent a recognized exception such as consent, exigency, or hot pursuit.
Question 3: Miranda warnings must be given before custodial interrogation; custody exists when a reasonable person would believe what?
- They were free to leave at any time
- They were not free to terminate the encounter (Correct answer)
- The police had no evidence
- An attorney was present
Correct answer: They were not free to terminate the encounter
Custody under Miranda is an objective test: whether a reasonable person in those circumstances would believe they were not free to leave.
Question 4: Under the Double Jeopardy Clause, jeopardy attaches in a jury trial at which point?
- When the indictment is filed
- When the jury is sworn in (Correct answer)
- When the first witness testifies
- When the verdict is returned
Correct answer: When the jury is sworn in
In a jury trial, jeopardy attaches once the jury is empaneled and sworn, barring subsequent prosecution for the same offense.
Question 5: The felony murder rule holds a defendant liable for murder when a death occurs during the commission of which type of offense?
- Any misdemeanor
- An inherently dangerous felony (Correct answer)
- Any traffic violation
- A civil infraction
Correct answer: An inherently dangerous felony
Felony murder imputes malice when a killing occurs during the commission of an inherently dangerous felony, even without intent to kill.
Question 6: In New Jersey, aggravated assault causing serious bodily injury is classified as which degree of crime?
- Disorderly persons offense
- Fourth-degree crime
- Third-degree crime
- Second-degree crime (Correct answer)
Correct answer: Second-degree crime
Under N.J.S.A. 2C:12-1(b)(1), aggravated assault that purposely or knowingly causes serious bodily injury is a second-degree crime.
NJ Bar Criminal Law and Procedure 1
The mens rea element 'purposely' under the Model Penal Code means the defendant acted with what state of mind?