NM Bar Criminal Law & Procedure 3 — Questions and Answers
Question 1: A defendant charged with felony murder can avoid liability if she establishes which of the following?
- She did not personally kill the victim
- She was unaware her co-felon was armed
- She did not commit the underlying predicate felony
- She voluntarily withdrew from the felony before the killing (Correct answer)
Correct answer: She voluntarily withdrew from the felony before the killing
Voluntary withdrawal or abandonment before the killing, communicated to co-felons and with sufficient time for them to desist, can be a defense to felony murder.
Question 2: What distinguishes larceny from embezzlement as common law property crimes?
- Embezzlement requires force or threat
- Larceny requires a pre-existing lawful possession by the defendant
- Embezzlement involves fraudulent conversion of property already lawfully in the defendant's possession (Correct answer)
- Larceny can only be committed against businesses
Correct answer: Embezzlement involves fraudulent conversion of property already lawfully in the defendant's possession
Embezzlement occurs when someone fraudulently converts property they already lawfully possess, whereas larceny requires a trespassory taking from another's possession.
Question 3: Under Miranda v. Arizona, a suspect invokes the right to counsel. Police immediately stop questioning. Fourteen hours later, different officers resume questioning without counsel present after a fresh Miranda warning. This questioning is:
- Valid because fourteen hours is a sufficient break in custody
- Valid because different officers resumed questioning
- Invalid under Edwards v. Arizona because the suspect did not re-initiate questioning (Correct answer)
- Valid because a fresh Miranda warning was given
Correct answer: Invalid under Edwards v. Arizona because the suspect did not re-initiate questioning
Under Edwards v. Arizona, once a suspect invokes the right to counsel, police may not resume interrogation unless the suspect voluntarily initiates further communication.
Question 4: A defendant claims entrapment as a defense. Under the subjective federal test, what is the critical inquiry?
- Whether a law enforcement officer induced the crime
- Whether the defendant was predisposed to commit the crime before government inducement (Correct answer)
- Whether a reasonable person would have resisted the inducement
- Whether the government's conduct was outrageous
Correct answer: Whether the defendant was predisposed to commit the crime before government inducement
The subjective entrapment test focuses on the defendant's predisposition; if the defendant was already inclined to commit the crime, entrapment fails even with government inducement.
Question 5: Which doctrine allows warrantless seizure of evidence that police discover while in a lawful position to observe it?
- Good faith exception
- Independent source doctrine
- Plain view doctrine (Correct answer)
- Inevitable discovery doctrine
Correct answer: Plain view doctrine
The plain view doctrine permits seizure without a warrant when police are lawfully present, the evidence is in plain view, and its incriminating nature is immediately apparent.
Question 6: At common law, which element distinguishes burglary from breaking and entering?
- Burglary requires nighttime entry
- Burglary requires intent to commit a felony therein at the time of entry (Correct answer)
- Burglary requires actual damage to the dwelling
- Burglary requires that someone be present inside
Correct answer: Burglary requires intent to commit a felony therein at the time of entry
Common law burglary requires the specific intent to commit a felony inside the dwelling at the moment of breaking and entering.
Question 7: Which doctrine permits use of evidence obtained in violation of the Fourth Amendment when the officer acted in objectively reasonable good faith reliance on a facially valid warrant?
- Attenuation doctrine
- Independent source doctrine
- Good faith exception (Correct answer)
- Inevitable discovery doctrine
Correct answer: Good faith exception
The good faith exception from United States v. Leon allows admission of evidence when officers reasonably relied on a warrant that is later found defective.
NM Bar Criminal Law & Procedure 3
A defendant charged with felony murder can avoid liability if she establishes which of the following?