RI Bar Criminal Law and Procedure 3 — Questions and Answers
Question 1: Under Miranda, which of the following statements by a suspect triggers the right to have counsel present during questioning?
- 'I probably should talk to a lawyer at some point.'
- 'Maybe I should get a lawyer.'
- 'I want a lawyer right now.' (Correct answer)
- 'Do you think I need a lawyer?'
Correct answer: 'I want a lawyer right now.'
Under Davis v. United States, only an unambiguous, unequivocal invocation of the right to counsel requires police to cease questioning.
Question 2: The crime of conspiracy at common law is complete when:
- An overt act in furtherance of the agreement is committed
- The parties agree to commit an unlawful act (Correct answer)
- The target crime is attempted
- One conspirator withdraws from the agreement
Correct answer: The parties agree to commit an unlawful act
At common law, conspiracy is complete upon the agreement itself; no overt act is required (unlike under the MPC or many modern statutes).
Question 3: Which doctrine allows courts to admit evidence obtained by officers acting in good-faith reliance on a search warrant that is later found to be defective?
- Plain view doctrine
- Independent source doctrine
- Good-faith exception (Correct answer)
- Inevitable discovery doctrine
Correct answer: Good-faith exception
The good-faith exception (United States v. Leon) permits admission of evidence when officers reasonably relied on a facially valid warrant later found defective.
Question 4: Under the Double Jeopardy Clause, jeopardy attaches in a jury trial when:
- The indictment is filed
- The jury is sworn in (Correct answer)
- Opening statements begin
- The first witness is sworn in
Correct answer: The jury is sworn in
In a jury trial, jeopardy attaches when the jury is empaneled and sworn.
Question 5: A defendant breaks into a neighbor's house at night to steal jewelry. Upon entering, he finds the neighbor home and beats her to avoid identification. He is most likely guilty of:
- Burglary and assault
- Burglary and battery
- Robbery
- Burglary and robbery (Correct answer)
Correct answer: Burglary and robbery
Burglary is complete upon unlawful entry with intent to commit a felony; robbery occurs if he uses force to take the jewelry from the victim's presence.
Question 6: Under the MPC's insanity test, a defendant is not responsible for criminal conduct if, as a result of mental disease or defect, he lacks substantial capacity to:
- Distinguish right from wrong in the abstract
- Appreciate the criminality of his conduct or conform his conduct to the law (Correct answer)
- Understand the nature and quality of the act
- Premeditate or deliberate
Correct answer: Appreciate the criminality of his conduct or conform his conduct to the law
The MPC test requires lack of substantial capacity to appreciate criminality or to conform conduct to the requirements of law.
Question 7: Under the Sixth Amendment, the right to a speedy trial attaches:
- When the crime is committed
- Upon arrest or formal charge, whichever occurs first (Correct answer)
- Only after indictment
- When the defendant first appears in court
Correct answer: Upon arrest or formal charge, whichever occurs first
The Sixth Amendment speedy trial right attaches upon arrest or formal accusation, whichever comes first.
RI Bar Criminal Law and Procedure 3
Under Miranda, which of the following statements by a suspect triggers the right to have counsel present during questioning?