RI Bar Criminal Law and Procedure 3

Question 1

Under Miranda, which of the following statements by a suspect triggers the right to have counsel present during questioning?

Accepted Answer

'I want a lawyer right now.'

Answer

'I probably should talk to a lawyer at some point.'

Answer

'Maybe I should get a lawyer.'

Answer

'Do you think I need a lawyer?'

Question 2

The crime of conspiracy at common law is complete when:

Accepted Answer

The parties agree to commit an unlawful act

Answer

An overt act in furtherance of the agreement is committed

Answer

The target crime is attempted

Answer

One conspirator withdraws from the agreement

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?

Accepted Answer

Good-faith exception

Answer

Plain view doctrine

Answer

Independent source doctrine

Answer

Inevitable discovery doctrine

Question 4

Under the Double Jeopardy Clause, jeopardy attaches in a jury trial when:

Accepted Answer

The jury is sworn in

Answer

The indictment is filed

Answer

Opening statements begin

Answer

The first witness is sworn in

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:

Accepted Answer

Burglary and robbery

Answer

Burglary and assault

Answer

Burglary and battery

Answer

Robbery

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:

Accepted Answer

Appreciate the criminality of his conduct or conform his conduct to the law

Answer

Distinguish right from wrong in the abstract

Answer

Understand the nature and quality of the act

Answer

Premeditate or deliberate

Question 7

Under the Sixth Amendment, the right to a speedy trial attaches:

Accepted Answer

Upon arrest or formal charge, whichever occurs first

Answer

When the crime is committed

Answer

Only after indictment

Answer

When the defendant first appears in court