NV Bar Nevada Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Nevada law, what degree of murder applies when a killing is willful, deliberate, and premeditated?
- Voluntary manslaughter
- Second-degree murder
- First-degree murder (Correct answer)
- Felony murder
Correct answer: First-degree murder
NRS 200.030 classifies willful, deliberate, and premeditated killing as first-degree murder, carrying a potential penalty of life imprisonment.
Question 2: Nevada's felony murder rule applies when a killing occurs during which type of offense?
- Any felony
- Enumerated inherently dangerous felonies only (Correct answer)
- Any crime involving weapons
- Any crime against a person
Correct 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.
Question 3: In Nevada, what is the mens rea required for battery?
- Specific intent to cause serious bodily harm
- General intent to commit the act (Correct answer)
- Recklessness
- Negligence
Correct 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.
Question 4: Under Nevada law, which of the following is NOT an element of burglary?
- Entering a structure
- Intent to commit a felony therein
- Nighttime entry (Correct answer)
- Unlawful entry
Correct 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.
Question 5: In Nevada, robbery is distinguished from theft by which additional element?
- Value of property taken
- Use of force or fear (Correct answer)
- Number of victims
- Premeditation
Correct 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.
Question 6: What is the Nevada standard for determining whether a defendant's confession was voluntary?
- Beyond a reasonable doubt
- Preponderance of evidence (Correct answer)
- Clear and convincing evidence
- Probable cause
Correct answer: Preponderance of evidence
Nevada courts determine the voluntariness of a confession by a preponderance of the evidence, considering the totality of the circumstances.
NV Bar Nevada Criminal Law and Procedure 1
Under Nevada law, what degree of murder applies when a killing is willful, deliberate, and premeditated?