VT Bar Criminal Law and Procedure 3

Question 1

A police officer stops a vehicle for speeding and smells marijuana. Under current Fourth Amendment doctrine, what may the officer do?

Accepted Answer

Search the entire vehicle based on probable cause from the smell alone

Answer

Search only the passenger compartment incident to arrest

Answer

Detain the occupants until a warrant is obtained

Answer

Issue a citation and leave without searching

Question 2

What distinguishes voluntary manslaughter from murder?

Accepted Answer

Voluntary manslaughter occurs when a killing results from adequate provocation that causes sudden heat of passion before cooling off

Answer

Voluntary manslaughter requires premeditation

Answer

Voluntary manslaughter has a lower intent requirement than murder

Answer

Voluntary manslaughter applies only to domestic situations

Question 3

Under the Double Jeopardy Clause, which of the following is NOT barred?

Accepted Answer

Prosecution by both state and federal government for same conduct

Answer

Retrial after acquittal on the same charge

Answer

Retrial after conviction on the same charge is reversed on appeal for insufficient evidence

Answer

Punishment twice for the same offense by the same sovereign

Question 4

Which of the following best describes the insanity defense under the M'Naghten test?

Accepted Answer

The defendant did not know the nature of the act or did not know it was wrong due to a mental disease

Answer

The defendant lacked the ability to conform conduct to the law

Answer

The defendant acted under an irresistible impulse

Answer

The defendant had a diminished capacity at the time of the offense

Question 5

When is a warrantless arrest lawful for a misdemeanor?

Accepted Answer

Only when the misdemeanor is committed in the officer's presence

Answer

Whenever the officer has reasonable suspicion

Answer

When the officer has probable cause regardless of presence

Answer

Only with exigent circumstances

Question 6

A defendant charged with robbery claims self-defense. What must the prosecution prove to rebut this claim in most jurisdictions?

Accepted Answer

The prosecution must disprove self-defense beyond a reasonable doubt

Answer

The defendant started the altercation

Answer

The defendant's belief in the need to use force was unreasonable

Answer

The defendant had a duty to retreat

Question 7

What is required to establish accomplice liability?

Accepted Answer

Aid, abet, or encourage the principal with intent that the crime be committed

Answer

Mere presence at the scene of a crime

Answer

Knowledge that a crime is being committed

Answer

Prior agreement to participate in any criminal act