JD Criminal Law and Procedure

Question 1

Under the Model Penal Code, which mens rea level requires that the defendant be aware of and consciously disregard a substantial and unjustifiable risk?

Accepted Answer

Recklessly

Answer

Under the MPC, recklessness requires conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct a law-abiding person would observe.

Question 2

The Fourth Amendment protects against unreasonable searches and seizures. For the Amendment to apply, which must exist?

Accepted Answer

A reasonable expectation of privacy (Katz test)

Answer

Under Katz v. United States (1967), the Fourth Amendment applies when the person had a subjective expectation of privacy that society recognizes as objectively reasonable.

Question 3

Miranda rights must be given before custodial interrogation. 'Custody' for Miranda purposes is determined by:

Accepted Answer

Whether a reasonable person would feel free to terminate the encounter and leave

Answer

Miranda custody is an objective test: whether a reasonable person in the suspect's position would feel free to terminate the interrogation and leave.

Question 4

The 'exclusionary rule' provides that evidence obtained in violation of the Fourth Amendment is:

Accepted Answer

Excluded from use at trial

Answer

The exclusionary rule, established in Mapp v. Ohio (1961), requires that evidence obtained through unconstitutional searches and seizures be suppressed at trial.

Question 5

Which mens rea element is required for common law burglary?

Accepted Answer

Intent to commit a felony therein at the time of entry

Answer

Common law burglary requires breaking and entering a dwelling of another at nighttime with the specific intent to commit a felony inside at the time of entry.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Criminal Law and Procedure