Nevada Criminal Law and Procedure Flashcards

Under Nevada law, what degree of murder applies when a killing is willful, deliberate, and premeditated?

Answer: First-degree murder

NRS 200.030 classifies willful, deliberate, and premeditated killing as first-degree murder, carrying a potential penalty of life imprisonment.

Nevada's felony murder rule applies when a killing occurs during which type of offense?

Answer: Enumerated inherently dangerous felonies only

Under NRS 200.030, Nevada's felony murder rule applies when a killing occurs during specific enumerated dangerous felonies such as robbery, kidnapping, sexual assault, arson, burglary, and home invasion.

In Nevada, what is the mens rea required for battery?

Answer: General intent to commit the act

Nevada battery under NRS 200.481 requires only general intent — the willful and unlawful use of force or violence upon another person.

Under Nevada law, which of the following is NOT an element of burglary?

Answer: Nighttime entry

Nevada's burglary statute NRS 205.060 does not require nighttime entry; the common law element of nighttime has been eliminated in modern Nevada law.

In Nevada, robbery is distinguished from theft by which additional element?

Answer: Use of force or fear

Under NRS 200.380, robbery is the unlawful taking of personal property from another by means of force or fear, distinguishing it from simple theft.

What is the Nevada standard for determining whether a defendant's confession was voluntary?

Answer: Preponderance of evidence

Nevada courts determine the voluntariness of a confession by a preponderance of the evidence, considering the totality of the circumstances.