NM Bar Criminal Law & Procedure

Question 1

What is unique about New Mexico's criminal sentencing structure?

Accepted Answer

It uses determinate sentencing with basic, aggravated, and mitigated terms for each felony degree

Answer

It uses purely indeterminate sentencing with no guidelines

Answer

All crimes carry mandatory life sentences

Answer

Judges have unlimited discretion with no statutory framework

Question 2

What did New Mexico's 2009 repeal of the death penalty mean for capital cases?

Accepted Answer

New Mexico abolished capital punishment for crimes committed after July 1, 2009

Answer

The death penalty was only temporarily suspended

Answer

All death row inmates were immediately released

Answer

The repeal only applied to non-violent offenses

Question 3

What are the DWI (Driving While Intoxicated) laws in New Mexico?

Accepted Answer

Implied consent law with .08 BAC limit, mandatory ignition interlock for first offense, and aggravated DWI at .16 BAC

Answer

No mandatory penalties for DWI

Answer

DWI is only a traffic infraction in New Mexico

Answer

The legal BAC limit is .10 in New Mexico

Question 4

What is the exclusionary rule as applied in New Mexico courts?

Accepted Answer

Evidence obtained through unconstitutional searches or seizures is inadmissible, with broader protections than federal law

Answer

All evidence is admissible regardless of how it was obtained

Answer

Only physical evidence can be excluded, not testimonial evidence

Answer

The exclusionary rule only applies in federal courts

Question 5

What is pretrial detention reform in New Mexico following the 2016 constitutional amendment?

Accepted Answer

Dangerousness-based detention replaced cash bail as the primary pretrial detention mechanism

Answer

Cash bail amounts were doubled for all offenses

Answer

All defendants are held without bail until trial

Answer

New Mexico eliminated all pretrial detention

Question 6

What rights does the New Mexico Victims of Crime Act provide?

Accepted Answer

Notification of proceedings, right to be present and heard, restitution, and protection from intimidation

Answer

Only financial compensation from a state fund

Answer

No specific rights beyond federal constitutional protections

Answer

The right to determine the defendant's sentence