NM Bar Criminal Law & Procedure 3

Question 1

A defendant charged with felony murder can avoid liability if she establishes which of the following?

Accepted Answer

She voluntarily withdrew from the felony before the killing

Answer

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?

Accepted Answer

Embezzlement involves fraudulent conversion of property already lawfully in the defendant's possession

Answer

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:

Accepted Answer

Invalid under Edwards v. Arizona because the suspect did not re-initiate questioning

Answer

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?

Accepted Answer

Whether the defendant was predisposed to commit the crime before government inducement

Answer

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?

Accepted Answer

Plain view doctrine

Answer

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.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Criminal Law & Procedure 3