WV Bar Criminal Law and Procedure

Question 1

Under West Virginia law, first degree murder requires proof of:

Accepted Answer

Intent to kill with premeditation and deliberation

Answer

Reckless disregard for human life

Answer

Extreme emotional disturbance

Answer

Felony murder only

Question 2

Miranda warnings in West Virginia must be given before custodial interrogation. 'Custody' means the suspect:

Accepted Answer

Is reasonably not free to terminate the encounter and leave

Answer

Has been formally arrested

Answer

Is in a police station

Answer

Has been read their rights previously

Question 3

In West Virginia, the exclusionary rule bars evidence obtained:

Accepted Answer

Through an unconstitutional search or seizure in violation of the Fourth Amendment

Answer

During any consent search

Answer

After a lawful arrest

Answer

With a defective but good-faith warrant

Question 4

Under West Virginia law, which of the following is NOT an element of larceny?

Accepted Answer

Use of force or threats

Answer

Taking and carrying away

Answer

Personal property of another

Answer

Intent to permanently deprive

Question 5

The Double Jeopardy Clause of the Fifth Amendment protects a defendant in West Virginia from:

Accepted Answer

Being prosecuted twice for the same offense after acquittal by the same sovereign

Answer

Being charged with both state and federal offenses for the same act

Answer

Receiving a harsher sentence on retrial

Answer

Being indicted without probable cause

Question 6

West Virginia's felony murder rule imposes liability for murder when a defendant:

Accepted Answer

Causes a death during the commission of an inherently dangerous felony

Answer

Kills with extreme recklessness

Answer

Kills after deliberate planning

Answer

Acts with depraved heart indifference