NJ LEE Criminal Law & Procedures 5 — Questions and Answers
Question 1: Under New Jersey's self-defense statute (N.J.S.A. 2C:3-4), the use of deadly force in self-defense is justified only if the actor:
- Believes any force is being used against them
- Reasonably believes deadly force is necessary to protect against death, serious bodily harm, kidnapping, or sexual assault (Correct answer)
- Has no duty to retreat under any circumstances
- Is attacked on their property regardless of ability to retreat
Correct answer: Reasonably believes deadly force is necessary to protect against death, serious bodily harm, kidnapping, or sexual assault
Deadly force in self-defense under N.J.S.A. 2C:3-4 is limited to situations where the actor reasonably believes it is necessary to prevent death, serious bodily harm, kidnapping, or sexual assault.
Question 2: The 'fruit of the poisonous tree' doctrine holds that:
- Only direct evidence from an illegal search is inadmissible
- Evidence derived from an illegal search or seizure is also inadmissible (Correct answer)
- Witnesses discovered through illegal searches can still testify
- The doctrine applies only to physical evidence, not statements
Correct answer: Evidence derived from an illegal search or seizure is also inadmissible
Under the fruit of the poisonous tree doctrine, all evidence — direct and derivative — obtained as a result of an unconstitutional act is generally inadmissible.
Question 3: Under N.J.S.A. 2C:35-10, possession of marijuana in New Jersey after legalization reforms is governed by:
- Complete decriminalization of all amounts
- Personal use quantities defined by statute with civil penalties for excess (Correct answer)
- Mandatory minimum sentences for any amount
- Only federal law enforcement jurisdiction
Correct answer: Personal use quantities defined by statute with civil penalties for excess
New Jersey law sets lawful personal use quantities and imposes civil (not criminal) penalties for possession slightly exceeding those limits.
Question 4: A police officer in New Jersey makes an arrest based on a valid warrant. During booking, what search authority do officers have?
- No search authority without a separate warrant
- Authority to conduct a full search incident to arrest (Correct answer)
- Authority only to pat down for weapons
- Authority to search only if the arrestee consents
Correct answer: Authority to conduct a full search incident to arrest
A lawful custodial arrest authorizes a full search incident to arrest of the person and their immediate area without an additional warrant.
Question 5: Under N.J.S.A. 2C:20-3, theft by unlawful taking becomes a third-degree crime when the value of the property taken is:
- More than $200
- More than $500 but less than $75,000 (Correct answer)
- More than $75,000
- More than $1,000
Correct answer: More than $500 but less than $75,000
Theft is a third-degree crime in New Jersey when the value of stolen property is at least $500 but less than $75,000.
Question 6: What is the legal effect of a grand jury indictment in New Jersey?
- It constitutes a finding of guilt beyond a reasonable doubt
- It establishes probable cause and formally charges the defendant with a crime (Correct answer)
- It replaces the need for a preliminary hearing in all cases
- It can only be issued for first-degree crimes
Correct answer: It establishes probable cause and formally charges the defendant with a crime
A grand jury indictment is a formal accusation based on a finding of probable cause and is required for prosecution of indictable crimes in New Jersey.
Question 7: Under the New Jersey Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17), which of the following is a predicate act that can support a domestic violence charge?
- Failing to pay child support
- Harassment as defined under N.J.S.A. 2C:33-4 (Correct answer)
- Violating a noise ordinance
- Trespassing on commercial property
Correct answer: Harassment as defined under N.J.S.A. 2C:33-4
Harassment (N.J.S.A. 2C:33-4) is one of 19 enumerated predicate offenses under the NJ Prevention of Domestic Violence Act that can form the basis for a domestic violence complaint.
NJ LEE Criminal Law & Procedures 5
Under New Jersey's self-defense statute (N.J.S.A. 2C:3-4), the use of deadly force in self-defense is justified only if the actor: