Criminal Law & Procedures Flashcards
7 cards from real NJ LEE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law & Procedures flashcards as text
Under Garrity v. New Jersey, statements made by a public employee under threat of job loss during an internal investigation:
Answer: Cannot be used against the employee in a criminal prosecution
Garrity protects public employees from having compelled statements (made under threat of termination) used against them in criminal proceedings.
New Jersey law defines 'knowingly' as a culpability standard where the actor:
Answer: Is aware that conduct is of that nature or that circumstances exist
Under N.J.S.A. 2C:2-2, a person acts 'knowingly' when they are aware that their conduct is of that nature or that certain circumstances exist.
A warrantless search of a vehicle is constitutional under the automobile exception when:
Answer: Officers have probable cause to believe the vehicle contains contraband or evidence of a crime
The automobile exception allows warrantless searches when officers have probable cause to believe contraband or evidence of crime is present in the vehicle.
Under N.J.S.A. 2C:29-2, eluding a law enforcement officer is a crime of the second degree when the flight:
Answer: Creates a risk of death or injury to any person
Eluding is elevated to a second-degree crime when the actor's flight creates a risk of death or bodily injury to any person.
The concept of 'curtilage' in Fourth Amendment law refers to:
Answer: The area immediately surrounding a home that shares the home's expectation of privacy
Curtilage is the area immediately adjacent to a home where the occupant has a reasonable expectation of privacy similar to the home itself.
Under New Jersey law, which of the following is NOT a required element of burglary (N.J.S.A. 2C:18-2)?
Answer: Actually completing the intended offense inside
Burglary is complete upon unlawful entry with intent to commit an offense — the intended crime need not be completed.
Which Miranda warning component informs a suspect that any statement they make can be used against them?
Answer: Anything you say can and will be used against you in a court of law
The third Miranda warning specifically informs suspects that their statements may be used as evidence against them in court.