PA Bar Criminal Law and Procedure 2

Question 1

Under Pennsylvania Rule of Criminal Procedure 540, a preliminary arraignment must generally occur within how many hours of a defendant's arrest?

Accepted Answer

24 hours

Answer

6 hours

Answer

12 hours

Answer

48 hours

Question 2

Pennsylvania's 'corpus delicti' rule historically required corroboration of a defendant's confession by proof that:

Accepted Answer

A crime actually occurred, independent of the confession

Answer

The defendant was at the scene of the crime

Answer

The defendant had a prior criminal record

Answer

A co-conspirator confirmed the confession

Question 3

Under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa. C.S. § 5703), recording a private conversation without the consent of all parties is:

Accepted Answer

A felony of the third degree

Answer

Permissible if one party consents

Answer

Only a civil violation

Answer

Permissible for law enforcement without a court order

Question 4

Pennsylvania's 'castle doctrine' under 18 Pa. C.S. § 505(b)(2.1) permits a person to use deadly force without retreating when:

Accepted Answer

They are in their dwelling or curtilage and did not provoke the attacker

Answer

They are anywhere in public

Answer

They are defending a neighbor's property

Answer

They are a licensed firearms carrier

Question 5

Under Pennsylvania law, the insanity defense (18 Pa. C.S. § 315) provides a complete defense when:

Accepted Answer

The defendant, as a result of mental disease or defect, lacked substantial capacity to appreciate the wrongfulness of the conduct

Answer

The defendant had any mental illness at the time of the crime

Answer

The defendant's IQ tested below 70

Answer

The defendant was involuntarily medicated

Question 6

A Pennsylvania preliminary hearing serves what primary purpose?

Accepted Answer

To determine whether a prima facie case exists to hold the defendant for trial

Answer

To determine the defendant's guilt or innocence

Answer

To set the trial date and select a jury

Answer

To allow the defendant to enter a guilty plea