Criminal Law and Procedure Flashcards

Under Wyoming law, theft is classified as a felony when the value of the property stolen is:

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.

Under Wyoming criminal procedure, when must a defendant be arraigned after arrest without a warrant?

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.

Under the Wyoming Rules of Criminal Procedure, the prosecution must disclose material exculpatory evidence to the defense pursuant to:

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.

Under Wyoming's DUI statute, the per se blood alcohol concentration (BAC) limit for adult drivers is:

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.

Under Wyoming criminal law, the McNaghten test is used to evaluate which defense?

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.

Under Wyoming criminal procedure, the standard for granting bail in non-capital felony cases is:

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.