WY Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under Wyoming law, theft is classified as a felony when the value of the property stolen is:
- $500 or more
- $1,000 or more (Correct answer)
- $1,500 or more
- $2,000 or more
Correct answer: $1,000 or more
Wyoming Statutes § 6-3-402 classifies theft as a felony when the value of the stolen property is $1,000 or more.
Question 2: Under Wyoming criminal procedure, when must a defendant be arraigned after arrest without a warrant?
- Within 24 hours
- Without unnecessary delay, but not more than 72 hours excluding weekends and holidays (Correct answer)
- Within 5 business days
- Within 10 days
Correct answer: Without unnecessary delay, but not more than 72 hours excluding weekends and holidays
Wyoming Rule of Criminal Procedure 5 requires that a defendant arrested without a warrant be taken before a magistrate without unnecessary delay, generally within 72 hours.
Question 3: Under the Wyoming Rules of Criminal Procedure, the prosecution must disclose material exculpatory evidence to the defense pursuant to:
- Brady v. Maryland and Wyoming Rule 16 (Correct answer)
- Only upon direct request by defense counsel
- Wyoming Rule 12 motions only
- Only at the preliminary hearing
Correct answer: Brady v. Maryland and Wyoming Rule 16
Both the constitutional Brady obligation and Wyoming Rule of Criminal Procedure 16 require the prosecution to disclose material exculpatory and impeachment evidence to the defense.
Question 4: Under Wyoming's DUI statute, the per se blood alcohol concentration (BAC) limit for adult drivers is:
- 0.05%
- 0.08% (Correct answer)
- 0.10%
- 0.15%
Correct answer: 0.08%
Wyoming Statutes § 31-5-233 establishes 0.08% BAC as the per se legal limit for adult drivers, creating an automatic presumption of impairment.
Question 5: Under Wyoming criminal law, the McNaghten test is used to evaluate which defense?
- Voluntary intoxication
- Insanity (Correct answer)
- Duress
- Entrapment
Correct answer: Insanity
Wyoming applies a version of the McNaghten test for the insanity defense, focusing on whether the defendant knew the nature and quality of the act and whether they knew it was wrong.
Question 6: Under Wyoming criminal procedure, the standard for granting bail in non-capital felony cases is:
- Bail is automatic and cannot be denied
- A presumption in favor of release, with conditions set to assure appearance and protect the community (Correct answer)
- Bail is discretionary with no standards required
- Cash bail only, no release on recognizance
Correct answer: A presumption in favor of release, with conditions set to assure appearance and protect the community
Wyoming favors pretrial release under reasonable conditions, with the primary considerations being assuring the defendant's appearance and protecting community safety.
WY Bar Criminal Law and Procedure 2
Under Wyoming law, theft is classified as a felony when the value of the property stolen is: