NY Bar Criminal Law and Procedure

Question 1

Under Miranda v. Arizona, police must give Miranda warnings before custodial interrogation. A suspect is 'in custody' when:

Accepted Answer

A reasonable person in their position would not feel free to leave

Answer

Custody is determined by whether a reasonable person in the suspect's circumstances would feel free to terminate the encounter and leave.

Question 2

In New York, the felony murder rule holds a defendant liable for murder if a co-felon kills during the commission of which type of crime?

Accepted Answer

An enumerated dangerous felony

Answer

New York's felony murder statute applies only when a death occurs during the commission of specific enumerated dangerous felonies such as robbery, burglary, kidnapping, and arson.

Question 3

Under New York law, which mental state distinguishes second-degree murder from first-degree manslaughter?

Accepted Answer

Intent to kill versus recklessness causing death

Answer

Second-degree murder requires intentional killing; first-degree manslaughter requires intent to cause serious physical injury with death resulting, or reckless conduct under extreme emotional disturbance.

Question 4

The Fourth Amendment exclusionary rule bars admission of evidence obtained through an unconstitutional search. Which of the following is an exception to the exclusionary rule?

Accepted Answer

All of the above

Answer

The exclusionary rule has several exceptions including inevitable discovery, good faith reliance on a warrant, and independent source, all of which allow otherwise tainted evidence to be admitted.

Question 5

Under New York law, affirmative defense of duress requires that the defendant acted because of a threat of:

Accepted Answer

Imminent death or serious physical injury

Answer

Duress as an affirmative defense in New York requires that the defendant was compelled to act by the use or threatened imminent use of unlawful physical force that created a reasonable apprehension of death or serious physical injury.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Criminal Law and Procedure