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

The Sixth Amendment right to counsel attaches at the initiation of formal criminal proceedings, such as arraignment, indictment, or preliminary hearing.

Question 2

Which element distinguishes larceny from robbery?

Accepted Answer

Robbery requires taking property from a person by force or intimidation

Answer

Robbery is distinguished from larceny by the additional elements of taking property directly from a person through force or intimidation.

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

Under Terry v. Ohio, police may briefly detain and pat-down a person based on reasonable, articulable suspicion that criminal activity is afoot and the person may be armed.

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

Under the subjective entrapment test, the defendant must show they were not predisposed to commit the crime and that the government induced the criminal activity.

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

Under the MPC, recklessness means the actor consciously disregards a substantial and unjustifiable risk that a material element of the offense exists or will result.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar Criminal Law and Procedure 4