practice questions concepts

Question 1

Balancing the suggestiveness of the lineup procedure against the witness’s lack of certainty before the lineup, a court would likely _________ testimony regarding the lineup. (assuming that the witness lacked certainty).

Answer 1

exclude

Question 2

T or F In order for a defendant to assert the necessity defense , he must not be at fault in bringing about the emergency situation that forces him to choose between the lesser of two harms.

Answer 2

True

Question 3

T or F Miranda protects defendants against government coercion but goes no further than that.”

Answer 3

True

Question 4

T or F the Supreme Court has held that a statement obtained in violation of the Sixth Amendment cannot be used for impeachment purposes at trial where the statement contradicts the defendant’s trial testimony.

Answer 4

false, it can be used for impeachment where the statement contradicts defendant’s trial testimony

Question 5

Probable cause cannot be used in support of a warrant if the probable cause was

Answer 5

illegally obtained.

Question 6

Describe the analysis for a Batson challenge.

Answer 6

(1) The party making the challenge must establish a prima facie case of discrimination;
(2) The party defending the strike must then state a race or gender neutral reason for making the strike; and
(3) The court must then determine whether the reasons stated are, in fact, race and gender neutral.

Question 7

The Equal Protection Clause prohibits criminal defendants from exercising peremptory strikes in a manner that discriminates on the basis of?

Answer 7

race, gender, or other suspect characteristic.

Question 8

It is not necessary to show that the overruling or sustaining of a Batson challenge allowed specific jurors to sit on the jury and that they affected the verdict before a conviction could be overturned. It is sufficient to show ?

Answer 8

It is sufficient to show that the jury’s equal protection rights and the defendant’s due process rights were violated by denying him his Sixth Amendment right to a jury trial.

Question 9

The right to a jury attaches in any criminal proceeding where the defendant faces a potential sentence of longer than ?

Answer 9

6 months.

Question 10

T or F If imprisonment is imposed, a defendant has a right to counsel.

Specifically, “Absent waiver, a defendant may not be imprisoned for any offense…unless

Answer 10

True

he was represented by counsel” [Argersinger v. Hamlin, 407 U.S. 25 (1972)]

Question 11

T or F Generally, in order to properly execute a valid warrant where the officers will be entering a home, officers must knock and announce their presence before going into the house. However, if the officers have a reasonable belief that knocking will be futile, they are not required to take such action.

Answer 11

True

Question 12

T or F A party who, with the requisite intent, aids, abets, or encourages the commission of a crime while at or near the scene of the crime is a principal in the second degree.

Answer 12

True

Question 13

judgment for motion for judgment of acquittal can only be granted only if:

Answer 13

Acquittal only if insufficient evidence to prove defendant committed each element of crime beyond a reasonable doubt.

Question 14

Evidence seized in violation of the Fourth Amendment cannot be used at a criminal proceeding. To challenge a search under the Fourth Amendment, one must have a reasonable expectation of privacy in the thing searched.
Explain the standing requirement in challenging evidence seized in violation of the 4th Amendment.

Answer 14

Only a victim of the search has standing to challenge a search under the 4th Amendment.
Even if someone else’s rights were violated, one cannot challenge the admission of evidence on those grounds.
A court looks for one’s legitimate expectation of privacy in the invaded place.

Question 15

To prove robbery, the taking must be accomplished by

Answer 15

To prove robbery, the taking must be accomplished by force, intimidation, or threat of violence. The threat must put the victim in actual fear at the time of the taking.

Question 16

. Attempt is an inchoate offense and is a specific intent crime. It requires

Answer 16

It requires a significant overt act in furtherance of that intent. Most courts apply a proximity test in time and look for a substantial act. Actual attempt must be beyond mere preparation and requires an overt act.

Question 17

A person is privileged to use reasonable force to protect himself from unlawful bodily harm/injury. What is an exception to that rule?

Answer 17

if is a person is about to be attacked and knows that the attack is based on a mistake as to the person’s identity, the person is not privileged to await the attack and use force to defend himself if he has the time to correct the mistake and prevent the attack.

Question 18

Does non-disclosure create liability for deceit?

Answer 18

No

Question 19

Lost or mislaid property can be the subject of larceny if then person who finds it:

Answer 19

1. intends to permanently deprive the owner of the property.
2. and either knows or has reason to believe (from earmarkings on the property or from the circumstances of the finding) that she can find out the owner’s identity.

Question 20

There is no requirement that a principal be found guilty prior to convicting someone as an _______.

Answer 20

accomplice

Question 21

An accomplice severs liability for future crimes by withdrawal or abandonment by

Answer 21

giving no further assistance and

communicates the withdrawal to co-conspirators.

Question 22

T or F, in order for a D to be found guilty of felony murder, the D must also be found guilty of the underlying felony. Otherwise, he cant be found guilty of felony murder.

Answer 22

True

Question 23

Attempt is a _______ intent crime.

Answer 23

specific

Question 24

criminal assault is caused by:

Answer 24

Attempting to commit a battery or

intentionally causing the victim to fear an immediate battery.

Question 25

T or F, when a reasonable person would not expect imminent bodily harm, there is no assault

Answer 25

True

Question 26

Define criminal battery

Answer 26

the intentional, reckless, or criminally negligent unlawful application of force to the person of the victim.

Question 27

T or F for purposes of criminal battery, the D’s act of applying force may be direct or indirect. explain

Answer 27

True. when a D puts a force in motion, the force need not be applied directly by the D.

Question 28

Any mistake of fact, reasonable or unreasonable is a defense to a ______ intent crime.

Answer 28

specific intent crime

Question 29

A mistake of fact must be reasonable for a ______ intent crime.

Answer 29

general intent crime

Question 30

If D obtains ________ without title through lies, his crime is larceny by trick, whereas for false pretenses, the D obtains _________ to the victim’s property.

Answer 30

possession- larceny by trick

title - false pretenses

Question 31

general rule of criminal prosecution regarding lie detector tests

Answer 31

evidence as to whether D has been willing/unwilling to take a lie detector test is inadmissible

Question 32

What is the majority rule for affirmative defenses

Answer 32

The D bears the burden of proof not the prosecutor for an affirmative defense. burden or proof is by preponderance of the evidence. eg. Insanity- burden of persuasion and production

Question 33

T or F, IAW public policy considerations required disclosures: insufficient testimonials.

example

Answer 33

True

example: statute requiring a motorist involved in an accident to stop and provide his name and address did does not involve self incrimination from a constitutional sense.