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Criminal Law Criminal Law Final Exam Criminal Law Final Exam

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Question 1 of 26

1. Question
Which of the following is not part of the trial phase?
- Jury selection
- Opening statements
- Closing arguments
- Verdict
- Arraignment
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Question 2 of 26

2. Question
Which of the following contains an Apprendi issue?
- The judge finds that the defendant actually possessed a firearm for purposes of 10/20/life
- The jury finds that the defendant fired a firearm in self defense
- The jury finds a defendant not guilty based on jury nullification
- The judge imposes a life sentence
- The State argues in closing that the defendant is guilty
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Question 3 of 26

3. Question
Which of the following is a proper closing argument for a prosecutor?
- “Voluntary intoxication is the defense of lack of responsibility. That’s simply what it is. No one tied him down, no one forced him to do it.”
- “The nun is simply lying for the defendant because she knows him from church. She should not be believed, even if she is a nun.”
- “It comes down to this: If you believe his story, he’s not guilty. If you believe he’s lying to you, he’s guilty. It’s that simple.”
- “Police officers put their careers in jeopardy if they lie at trial. That is simply a fact.”
- “Can anyone imagine more pain and any more anguish than this woman must have gone through in the last few minutes of her life, fighting for her life?”
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Question 4 of 26

4. Question
The Model Penal Code’s primary influence on criminal law has been:
- In the area of identity
- To streamline the process of convicting the guilty
- Bringing consistency and rationality to mens rea
- By providing for jobs of academics and prosecutors
- By allowing for additional defenses not contemplated by the Common Law
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Question 5 of 26

5. Question
Which of the following is not true regarding the criminal justice system?
- Juries in a criminal trial decide what the facts are.
- Judges must apply the law fairly, without regards to the parties before them.
- Prosecutors must advocate for guilt of the accused in a criminal case.
- Criminal defense attorneys must zealously represent the accused in a criminal case.
- A direct appeal allows a convicted criminal to revisit the law applied in his case, but he cannot add or detract from the record created below.
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Question 6 of 26

6. Question
The State seeks to introduce opinion testimony about DNA evidence before a jury. Which of the following is true?
- The Court must certify the expert under oath before presenting the witness, and declare the witness an expert before the witness is allowed to opine on a matter of fact.
- Failure to present the evidence in a timely manner is an Apprendi violation and would be subject to sanction.
- The judge may inquire of the expert and instruct the jury as to findings of fact if the DNA evidence is certain.
- DNA evidence cannot be cross examined, since it is valid scientifically and the “gold standard” of scientific evidence.
- If challenged, the State must satisfy Daubert predicates before presenting the evidence.
Correct

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Question 7 of 26

7. Question
Which of the following is correct?
- Miranda must be read precisely, or the warnings are invalid.
- A person in custody who remains silent for 8 hours in the face of police questioning can be deemed to have invoked their Fifth Amendment rights by act.
- A person can be questioned by police without reading Miranda.
- Statements made on jail phone calls to family members are not admissible in Court.
- Once Miranda is invoked, questioning cannot be reinitiated by police until an attorney is provided.
Correct

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Question 8 of 26

8. Question
Which of the following do not aid an appellate Court in reading a statute?
- The plain meaning rule.
- The present sense impression of the statutory reading.
- The Rule of Lenity.
- If a statute specifies a mental state or a particular offense, Courts will usually apply the requisite mental state to each element of the crime.
- Statutes are to be interpreted using the ordinary meaning of the language of the statute.
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Question 9 of 26

9. Question
The State legislature passes a law saying simply, “Doing an evil act is punishable as a felony in the 3rd degreE.” What is implicated by this law?
- The law is illegal because it does not contain the requisite mens rea
- The law would be upheld under the doctrine of legislative deference
- The law may be considered vague and overbroad
- Nothing. Nothing is implicated
- Corpus delicti
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Question 10 of 26

10. Question
When we say a person was guilty of first-degree murder, which of the following is generally not true?
- the killing was premeditated
- the defendant decided to do it, thought about it, considered the consequences, and went ahead and internationally killed
- The victim was innocent
- The defendant acted in the heat of passion
- There were no defenses
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Question 11 of 26

11. Question
Which is not a valid defense to first degree murder?
- Alibi
- Identity
- Insanity
- Callousness
- Intent
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Question 12 of 26

12. Question
The State seeks to enhance a sentence by showing that during a robbery, the defendant possessed a firearm. Which of the following is true?
- The jury must make a specific finding of firearm possession under Apprendi.
- The State must provide a certified judgement and sentence to the Court before proceeding to the sentencing phase.
- The judge may find, based on the evidence presented at trial, that the defendant possessed a firearm as a matter of fact if the firearm was admitted into evidence by the State during its case in chief.
- The jury has no role in sentencing enhancements.
- The defendant cannot be sentenced to a firearm enhancement on a robbery conviction because of double jeopardy.
Correct

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Question 13 of 26

13. Question
A police officer stops a car for a crack in the windshield. Which of the following is illegal?
- The officer arrests the driver after discovering the driver is driving on a suspended license, then tows the vehicle without giving the driver the opportunity to arrange for vehicle pickup.
- The officer arrests the driver after discovering the driver is driving on a suspended license, placing them in the back seat of the patrol car, then conducts a search of the vehicle.
- The officer orders the driver out of the car to submit to a pat down for weapons, because the officer suspects that they are armed with a firearm.
- The vehicle stop would be invalid if the officer stopped the driver for an improper purpose and was using the cracked windshield as a pretext.
- The officer suspects that the driver is intoxicated and orders him out of the car to perform field sobriety exercises.
Correct

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Question 14 of 26

14. Question
Miranda warnings must be given:
- At first contact with a suspect
- When a suspect is in custody
- When a suspect is subject to interrogation
- All of the above
- b and c only
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Question 15 of 26

15. Question
A public defender reviews a new appellate file and identifies one issue, but after exhaustive research concludes the issue is frivolous. What should he do?
- File a Merit Brief addressing the identified point to the best of his ability
- Dismiss the appeal
- File an Anders Brief and move to withdraw
- File a brief explaining why the issue is without merit and move to withdraw
- None of the above
Correct

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Question 16 of 26

16. Question
At first appearance, which of the following occur?
- The defendant is given an opportunity to address bond amount
- The Court reviews the arrest paperwork for legal sufficiency
- The defendant pleas guilty of not guilty
- All of the above
- a and b only
Correct

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Question 17 of 26

17. Question
Correct

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Question 18 of 26

18. Question
The State charges Mr. Smith with an Aggravated Battery causing great bodily harm and using a deadly weapon to wit: a firearm, which he specifically possessed and discharged for the purpose of 10/20/LifE. Which is an enhancement to the battery charge?
- A jury finding of possession of a firearm during the commission of a felony
- A jury finding of great bodily harm
- A jury finding of possession of a deadly weapon
- A jury finding of the discharge of a firearm
- All of the above
Correct

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Question 19 of 26

19. Question
The chances of a criminal defendant gaining some meaningful relief in a criminal appeal is approximately:
- 6 in 10,000 of .06%
- 6 in 1,000 or .6%
- 6 in 100 or 6%
- 1 in 10 or 10%
- 1 in 5 or 20%
Correct

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Question 20 of 26

20. Question
Which of the following is not considered improper “prosecutorial cheating” in closing arguments?
- disparaging the defense attorney
- burden shifting
- commenting on the evidence
- misstating facts in evidence
- appeals to community conscience by “sending a message”
Correct

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Question 21 of 26

21. Question
Defendant is charged with conspiracy to commit murder. Which of the following is true?
- There must be an agreement to commit murder
- The murder must occur
- The meeting of the minds must take place in secret
- There must be direct evidence of the conspiracy and it must not be implied
- None of the above
Correct

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Question 22 of 26

22. Question
Which of the following cases would be the least persuasive in Florida, if they all dealt with the same point of law and subject matter?
- Dalton v State, 254 So.2d 576 (FlA. 2002)
- Escarba v State, 878 So.3d 512 (FlA. 5th DCA 2012)
- Montevideo v U.S., 545 U.S. 222 (1918)
- State v Escarpa, 929 Cal. 2d 999 (Cal. 2021)
- US v Dande, 222 U.S. 19 (2011)
Correct

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Question 23 of 26

23. Question
Which of the following have contributed to wrongful convictions in the United States?
- The misapplication of forensic science
- Improper closing arguments by prosecutors
- False confessions
- Misidentification by eyewitnesses
- All of the above
Correct

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Question 24 of 26

24. Question
A felony
- is punishable by up to 265 days in jail
- is always chargeable by indictment
- is punishable by over 1 year in prison
- is subject to the Rule against Perpetuities and enhanced motion practice
- encompasses all crimes of violence
Correct

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Question 25 of 26

25. Question
IRAC stands for
- Issue, Rule, Application, Consideration
- Issue, Rule, Analysis, Conclusion
- In Re, Res Ipsa, Actus reas, Contra
- Irony, Rakieta, Andrew, Convoluted
- Identity, Repetition, Avoidance, Consideration
Correct

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Question 26 of 26

26. Question
Generally, murder contains which of the following elements?
- actus reus – conduct by the defendant
- corpus delecti – proof of death
- mens rea – a culpable mental state
- proximate cause – causal link between defendant’s act and the death
- All of the above
Correct

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