NM Bar Criminal Law & Procedure 1 — Questions and Answers
Question 1: What is unique about New Mexico's criminal sentencing structure?
- It uses determinate sentencing with basic, aggravated, and mitigated terms for each felony degree (Correct answer)
- It uses purely indeterminate sentencing with no guidelines
- All crimes carry mandatory life sentences
- Judges have unlimited discretion with no statutory framework
Correct answer: It uses determinate sentencing with basic, aggravated, and mitigated terms for each felony degree
New Mexico uses a determinate sentencing system where each felony degree has a basic sentence that can be increased (aggravated) or decreased (mitigated) based on specific factors.
Question 2: What did New Mexico's 2009 repeal of the death penalty mean for capital cases?
- New Mexico abolished capital punishment for crimes committed after July 1, 2009 (Correct answer)
- The death penalty was only temporarily suspended
- All death row inmates were immediately released
- The repeal only applied to non-violent offenses
Correct answer: New Mexico abolished capital punishment for crimes committed after July 1, 2009
In 2009, New Mexico repealed the death penalty for crimes committed after July 1, 2009, replacing it with life imprisonment without the possibility of parole as the maximum sentence.
Question 3: What are the DWI (Driving While Intoxicated) laws in New Mexico?
- Implied consent law with .08 BAC limit, mandatory ignition interlock for first offense, and aggravated DWI at .16 BAC (Correct answer)
- No mandatory penalties for DWI
- DWI is only a traffic infraction in New Mexico
- The legal BAC limit is .10 in New Mexico
Correct answer: Implied consent law with .08 BAC limit, mandatory ignition interlock for first offense, and aggravated DWI at .16 BAC
New Mexico has strict DWI laws including a .08 BAC limit, implied consent for chemical testing, mandatory ignition interlock devices even for first offenses, and aggravated DWI charges at .16 BAC or above.
Question 4: What is the exclusionary rule as applied in New Mexico courts?
- Evidence obtained through unconstitutional searches or seizures is inadmissible, with broader protections than federal law (Correct answer)
- All evidence is admissible regardless of how it was obtained
- Only physical evidence can be excluded, not testimonial evidence
- The exclusionary rule only applies in federal courts
Correct answer: Evidence obtained through unconstitutional searches or seizures is inadmissible, with broader protections than federal law
New Mexico applies the exclusionary rule to suppress evidence obtained in violation of constitutional rights, and the New Mexico Supreme Court has interpreted state constitutional protections more broadly than federal standards.
Question 5: What is pretrial detention reform in New Mexico following the 2016 constitutional amendment?
- Dangerousness-based detention replaced cash bail as the primary pretrial detention mechanism (Correct answer)
- Cash bail amounts were doubled for all offenses
- All defendants are held without bail until trial
- New Mexico eliminated all pretrial detention
Correct answer: Dangerousness-based detention replaced cash bail as the primary pretrial detention mechanism
New Mexico's 2016 constitutional amendment reformed pretrial detention to focus on dangerousness rather than ability to pay bail, allowing preventive detention for dangerous defendants while reducing reliance on cash bail.
Question 6: What rights does the New Mexico Victims of Crime Act provide?
- Notification of proceedings, right to be present and heard, restitution, and protection from intimidation (Correct answer)
- Only financial compensation from a state fund
- No specific rights beyond federal constitutional protections
- The right to determine the defendant's sentence
Correct answer: Notification of proceedings, right to be present and heard, restitution, and protection from intimidation
New Mexico provides comprehensive victims' rights including notification of all proceedings, the right to be present and heard at critical stages, restitution, protection from intimidation, and privacy protections.
NM Bar Criminal Law & Procedure 1
What is unique about New Mexico's criminal sentencing structure?