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

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:

Accepted Answer

The parties agree to commit an unlawful act

Answer

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?

Accepted Answer

Good-faith exception

Answer

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:

Accepted Answer

The jury is sworn in

Answer

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:

Accepted Answer

Burglary and robbery

Answer

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.

(RI Bar) Rhode Island Bar Exam Practice Test

(RI Bar) Rhode Island Bar Exam Practice Test

RI Bar Criminal Law and Procedure 3