VT Bar Criminal Law and Procedure 4

Question 1

Under the Sixth Amendment, when does the right to counsel attach?

Accepted Answer

At the initiation of formal judicial proceedings

Answer

At the moment of arrest in all cases

Answer

Whenever police begin questioning a suspect

Answer

Only at trial

Question 2

Which element distinguishes larceny from robbery?

Accepted Answer

Robbery requires taking property from a person by force or intimidation

Answer

The value of the property taken

Answer

Larceny requires breaking and entering

Answer

Robbery requires multiple offenders

Question 3

What is the legal standard for a Terry stop (stop and frisk)?

Accepted Answer

Reasonable suspicion based on articulable facts that criminal activity is afoot

Answer

Probable cause that a crime has been committed

Answer

Mere curiosity or hunch by the officer

Answer

A warrant issued by a magistrate

Question 4

A defendant claims entrapment. What must be shown under the subjective test used in federal courts?

Accepted Answer

The defendant was not predisposed to commit the crime before government inducement

Answer

Government conduct that would induce any reasonable person to commit the crime

Answer

The defendant lacked the mental capacity to resist the inducement

Answer

The government acted in bad faith during the investigation

Question 5

Which best describes the mens rea element of 'recklessness' under the Model Penal Code?

Accepted Answer

The actor consciously disregards a substantial and unjustifiable risk

Answer

The actor is aware that the conduct will cause the result

Answer

The actor should have been aware of the risk but was not

Answer

The actor intended the harmful result

Question 6

At what point does attempt liability arise under the Model Penal Code?

Accepted Answer

When the defendant takes a substantial step strongly corroborative of criminal purpose

Answer

When the defendant forms the intent to commit a crime

Answer

When the defendant is caught near the scene of the planned crime

Answer

When the defendant purchases materials to commit the crime

Question 7

Which of the following is NOT a recognized exception to the exclusionary rule?

Accepted Answer

Harmless administrative error exception

Answer

Good faith exception

Answer

Inevitable discovery doctrine

Answer

Independent source doctrine