Criminal Law and Procedure Flashcards

Under Brady v. Maryland, the prosecution must disclose to the defense any evidence that is material to what?

Answer: Guilt or punishment that is favorable to the defendant

Brady requires disclosure of evidence favorable to the accused that is material to guilt or punishment, regardless of good or bad faith.

The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to suppress what?

Answer: Evidence derived from the original constitutional violation

The fruit of the poisonous tree doctrine excludes not only directly obtained tainted evidence but also secondary evidence derived from the illegal act.

Under NJ law, driving while intoxicated (DWI) is classified as which type of offense?

Answer: A traffic offense with quasi-criminal penalties, not a traditional criminal charge

NJ DWI under N.J.S.A. 39:4-50 is a motor vehicle offense — not a crime under the Code of Criminal Justice — but carries significant quasi-criminal penalties.

Which NJ statute governs the Prevention of Domestic Violence and provides civil remedies such as restraining orders?

Answer: N.J.S.A. 2C:25-17 et seq.

The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., provides civil restraining orders and defines acts of domestic violence.

Self-defense under NJ law permits use of force against another when the defendant reasonably believes such force is necessary to protect against what?

Answer: Unlawful, imminent use of force by the other person

NJ's self-defense statute (N.J.S.A. 2C:3-4) allows defensive force when one reasonably believes it is immediately necessary to protect against unlawful force.

Under the NJ Code of Criminal Justice, a first-degree crime carries a base term of imprisonment of how many years?

Answer: 10 to 20 years

N.J.S.A. 2C:43-6(a)(1) sets the ordinary term for a first-degree crime at 10 to 20 years imprisonment.