SD Bar Criminal Law and Procedure

Question 1

What is the mens rea requirement for murder in the first degree in South Dakota?

Accepted Answer

Premeditated design to kill

Answer

Recklessness

Answer

Criminal negligence

Answer

No mental state required

Question 2

Under South Dakota law, what is the statute of limitations for Class 1 misdemeanors?

Accepted Answer

2 years

Answer

1 year

Answer

5 years

Answer

No statute of limitations

Question 3

What is the South Dakota standard for establishing probable cause for an arrest?

Accepted Answer

Facts and circumstances that would lead a reasonable person to believe a crime has been or is being committed

Answer

Absolute certainty of criminal activity

Answer

A victims complaint alone

Answer

Suspicion based on appearance

Question 4

In South Dakota, what rights does a defendant have under the Sixth Amendment at trial?

Accepted Answer

The right to a speedy and public trial, to confront witnesses, and to have assistance of counsel

Answer

Only the right to remain silent

Answer

Only the right to appeal

Answer

The right to choose the judge

Question 5

What is the South Dakota law regarding the use of deadly force in self-defense?

Accepted Answer

Justifiable when the person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm

Answer

Always justified in any threatening situation

Answer

Only justified inside ones home

Answer

Never justified under South Dakota law

Question 6

Under South Dakota criminal procedure, what is a preliminary hearing?

Accepted Answer

A hearing to determine whether probable cause exists to bind the defendant over for trial

Answer

A mini-trial before the actual trial

Answer

The sentencing hearing

Answer

The arraignment