WV Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under West Virginia law, first degree murder requires proof of:
- Reckless disregard for human life
- Intent to kill with premeditation and deliberation (Correct answer)
- Extreme emotional disturbance
- Felony murder only
Correct answer: Intent to kill with premeditation and deliberation
West Virginia Code § 61-2-1 defines first degree murder as willful, deliberate, and premeditated killing, requiring proof of intent to kill formed before the act.
Question 2: Miranda warnings in West Virginia must be given before custodial interrogation. 'Custody' means the suspect:
- Has been formally arrested
- Is reasonably not free to terminate the encounter and leave (Correct answer)
- Is in a police station
- Has been read their rights previously
Correct answer: Is reasonably not free to terminate the encounter and leave
Miranda custody exists when a reasonable person in the suspect's position would not feel free to terminate the interrogation and leave, not only when formal arrest has occurred.
Question 3: In West Virginia, the exclusionary rule bars evidence obtained:
- During any consent search
- Through an unconstitutional search or seizure in violation of the Fourth Amendment (Correct answer)
- After a lawful arrest
- With a defective but good-faith warrant
Correct answer: Through an unconstitutional search or seizure in violation of the Fourth Amendment
The exclusionary rule suppresses evidence obtained through Fourth Amendment violations to deter police misconduct, though the good-faith exception applies when officers reasonably rely on a facially valid warrant.
Question 4: Under West Virginia law, which of the following is NOT an element of larceny?
- Taking and carrying away
- Personal property of another
- Use of force or threats (Correct answer)
- Intent to permanently deprive
Correct answer: Use of force or threats
Larceny is the trespassory taking and carrying away of personal property of another with intent to permanently deprive; use of force or threats elevates the crime to robbery.
Question 5: The Double Jeopardy Clause of the Fifth Amendment protects a defendant in West Virginia from:
- Being charged with both state and federal offenses for the same act
- Being prosecuted twice for the same offense after acquittal by the same sovereign (Correct answer)
- Receiving a harsher sentence on retrial
- Being indicted without probable cause
Correct answer: Being prosecuted twice for the same offense after acquittal by the same sovereign
Double jeopardy bars reprosecution by the same sovereign for the same offense after acquittal, conviction, or attachment of jeopardy; the dual sovereignty doctrine permits both state and federal prosecution.
Question 6: West Virginia's felony murder rule imposes liability for murder when a defendant:
- Kills with extreme recklessness
- Causes a death during the commission of an inherently dangerous felony (Correct answer)
- Kills after deliberate planning
- Acts with depraved heart indifference
Correct answer: Causes a death during the commission of an inherently dangerous felony
West Virginia's felony murder rule holds participants in inherently dangerous felonies (robbery, rape, arson, burglary, kidnapping) liable for murders that occur during commission of those felonies.
WV Bar Criminal Law and Procedure 1
Under West Virginia law, first degree murder requires proof of: