RI Bar Criminal Law and Procedure 4

Question 1

Under the Blockburger test, a defendant may be prosecuted for two offenses arising from the same conduct without violating Double Jeopardy if:

Accepted Answer

Each offense requires proof of an element the other does not

Answer

Blockburger holds that two offenses are distinct if each requires proof of a fact the other does not.

Question 2

A police officer stops a pedestrian and asks for identification in a jurisdiction that has no stop-and-identify statute. The pedestrian refuses to identify herself. Her refusal:

Accepted Answer

Cannot be used to justify an arrest absent another statutory basis

Answer

Without a stop-and-identify statute, a person generally has no obligation to identify themselves during a Terry stop, and refusal alone does not supply probable cause.

Question 3

Which of the following best describes the 'inevitable discovery' exception to the exclusionary rule?

Accepted Answer

Evidence is admissible if an independent investigation would have found it lawfully

Answer

Inevitable discovery allows admission of illegally obtained evidence if it would have been discovered through lawful means independent of the constitutional violation.

Question 4

At common law, which of the following mental states is required for voluntary manslaughter?

Accepted Answer

Intent to kill, but with adequate provocation negating malice

Answer

Voluntary manslaughter is an intentional killing that would be murder but for adequate provocation that negates malice aforethought.

Question 5

A defendant is charged with attempt. At common law, which of the following tests is LEAST likely to find that he has taken a sufficient act toward the crime?

Accepted Answer

Last act test

Answer

The last act test is the most restrictive, requiring the defendant to have performed the final act necessary to complete the crime before attempt liability attaches.

(RI Bar) Rhode Island Bar Exam Practice Test

(RI Bar) Rhode Island Bar Exam Practice Test

RI Bar Criminal Law and Procedure 4