NV Bar Nevada Criminal Law and Procedure 2

Question 1

In Nevada, when must a preliminary hearing be held for a felony defendant in custody?

Accepted Answer

Within 5 judicial days

Answer

Under NRS 171.196, a defendant in custody charged with a felony must have a preliminary hearing within 15 judicial days of arraignment on the complaint.

Question 2

Nevada uses which grand jury standard for returning an indictment?

Accepted Answer

Probable cause

Answer

A Nevada grand jury returns an indictment when it finds probable cause to believe the defendant committed the charged offense.

Question 3

Under Nevada law, which plea allows a defendant to avoid admitting guilt while accepting punishment?

Accepted Answer

Alford plea

Answer

An Alford plea, recognized in Nevada, allows a defendant to accept punishment without admitting factual guilt while acknowledging the prosecution could prove the charges.

Question 4

In Nevada, which defense completely excuses criminal liability based on the defendant's mental state at the time of the crime?

Accepted Answer

Insanity defense (M'Naghten test)

Answer

Nevada uses the M'Naghten test for the insanity defense under NRS 174.035, requiring that the defendant did not know the nature of the act or did not know it was wrong.

Question 5

Under Nevada's habitual criminal statute, what prior felony conviction history can result in life imprisonment?

Accepted Answer

Three prior felony convictions

Answer

Under NRS 207.010, a defendant with three prior felony convictions may be sentenced as a large habitual criminal, potentially receiving a life sentence.

NV Bar - Nevada Bar Exam Practice Test

NV Bar - Nevada Bar Exam Practice Test

NV Bar Nevada Criminal Law and Procedure 2