Louisiana Bar – Criminal Law, Criminal Procedure, and Evidence Practice Exam

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• During cross-examination of a witness, are the witness's prior convictions admissible, and what details may be admitted?
• A person intentionally sets fire to property without the owner's consent, and the fire causes damage. This is which offense?
• Prosecutors call an officer to testify about the bracelet that was later found in D1's possession. The officer retrieved the bracelet from D2's SUV. What foundation should the prosecutor lay?
• A kidnapping where the victim is used as a shield/hostage, abused or imprisoned for 72+ hours, and the defendant is armed describes which offense?
• Which statement distinguishes simple assault from simple battery?
• Which is listed as an aggravating circumstance?
• If police execute an arrest at the home of a third party without obtaining a separate warrant for that home, which statement is true?
• Are inventory searches of an impounded car permissible without a warrant or probable cause?
• After the guilty verdict is read, the clerk polls the jury. If any juror does not answer 'yes' to the verdict, what may the court do?
• During voir dire, a prospective juror reveals she lives in the victim's condo building and has seen the victim there a few times. Are defense lawyers entitled to strike the prospective juror for cause?
• Obstruction of Justice may include which act?
• Who bears the Brady obligation to disclose exculpatory evidence?
• Death during enumerated felony is a basis for which murder degree?
• Which statement describes an Accessory After the Fact?
• What makes an assault 'aggravated'?
• Which of the following is NOT listed as an aggravating circumstance?
• Possession with Intent to Distribute is ...
• There has been extensive pretrial publicity about the case. What action should the defense seek, and what is the likely outcome?
• Burglary into an inhabited dwelling with intent to commit theft is best described as which offense?
• Armed Robbery includes which element beyond simple robbery?
• A Louisiana automobile registration certificate reflecting ownership is offered in evidence. How should the judge rule regarding its admissibility?
• During custodial interrogation, if a suspect invokes the right to remain silent, what must the officers do?
• Which statement reflects a False Imprisonment element?
• Which best defines criminal negligence?
• Which statement accurately describes Resisting Arrest?
• False Imprisonment (General) requires which core element?
• Which statement correctly describes the Open Fields Doctrine as it applies to evidence outside the curtilage?
• An evidence seized beyond the breadth of a warrant is what?
• What elevates simple robbery to first degree?
• Compounding Felony may also involve which action?
• If the state plans to introduce a co-defendant's statement that implicates the other co-defendant at trial and the co-defendant will not testify, what is the proper remedy?
• Which description best fits the public records exception to hearsay?
• Under the Due Process Clause, which statement should be excluded if it was involuntary, e.g., obtained as a result of threats or violence?
• After the foreman announces the verdict, what should counsel do to verify the jury's verdict?
• What is required for the admissibility of photographs of seized marijuana plants at trial?
• In Louisiana, the prosecutor may question its own witness with leading questions under what circumstances?
• Which elements are required for second-degree battery?
• Validity of a Home Arrest: which statement is correct?
• A person unlawfully enters a dwelling with the specific intent to commit a felony or theft therein. This best fits which offense?
• Second Degree Robbery requires simple robbery plus which extras?
• For forfeiture by wrongdoing, which statement is correct?
• Which statement describes Simple Criminal Damage to Property?
• Which statement about voice-identification procedures is accurate under due process analysis?
• During trial, a witness testifies that the defendant is a 'good dude' and that everyone in town knows that. May the prosecutors now introduce evidence that the defendant has bad character to refute this testimony?
• Which of the following is an enumerated felony offense?
• What standard is required to justify detaining a person temporarily?
• Which statement is admissible even without Miranda rights?
• Entering an inhabited dwelling with the intent to commit a crime and being armed qualifies as which offense?
• Which statement describes Aggravated Criminal Damage to Property?
• First Degree Murder can include enumerated felony as a basis. Which option reflects that?
• Probable Cause is defined as?
• Aggravated Battery is distinguished from Simple Battery by which element?
• Self-Defense justifies use of deadly force under which condition?
• Which degree of robbery requires the offender to lead the victim to believe they are armed with a dangerous weapon?
• A voice-identification procedure may violate due process if it is unduly suggestive and likely to produce a misidentification, assessed under the totality of circumstances. Which statement is true?
• If the two-year speedy-trial window has elapsed for a noncapital felony, what action is proper?
• For noncapital felonies, the trial must commence within how many years from the date of the institution of the prosecution?
• In evaluating Fourth Amendment issues, what is the first question?
• The victim is held for 72 hours or longer and the offender is armed.
• Under Louisiana law, when is a judge disqualified from considering a case because of prior involvement with the matter or with the attorney's firm?
• During testimony, the arresting officer describes Jenny's out-of-court statement, 'Please don't shoot me!' Is the statement admissible, and why?
• A thief uses force to take a car from the owner who is present.
• A photo identification procedure may violate due process if it is unduly suggestive and likely to result in an unreliable identification, based on the totality of the circumstances. Which statement is accurate?
• Any other evidence obtained by warrantless search and seizures of a car should be suppressed.
• Under First Degree Murder, which scenario could qualify based on a long list of factors?
• Compounding Felony involves which action?
• Negligent Homicide is based on which mental state?
• Identity Theft includes the use of SSN or driver's license number.
• Which is the proper definition of the Insanity defense?
• Under Brady, which remedy is available when exculpatory statements are not disclosed?
• Under what standard may a public school administrator search a student's locker without a warrant?
• In a joint trial, a co-defendant's out-of-court statement implicating the defendant is admissible against the co-defendant in a separate trial and not admissible against the defendant in the joint trial if the co-defendant does not testify. Which rule best captures this?
• During Nathan's defense, the attorney seeks to call one of Nathan's coworkers to testify that Nathan has a favorable reputation for truthfulness in their accounting community. How should the judge rule?
• The plain view doctrine requires what about the officer's presence?
• Kimberly was charged with possession of a firearm by a convicted felon. After the federal government indicts and convicts her for the same offense, how should the Louisiana judge rule on a motion to quash the state indictment under the dual sovereignty doctrine?
• What is the justification for warrantless inventory searches of impounded vehicles?
• Aggravated 2nd Degree Battery comprises which elements?
• Aggravated Flight from Officer is charged when human life is endangered.
• Which element distinguishes Aggravated Assault with Firearm from simple Aggravated Assault?
• Mistake of Law is generally not a defense because which statement is correct?
• A person intentionally seizes and carries a victim from one place to another. This describes which offense?
• Under Louisiana Code of Evidence Rule 404, the accused can introduce evidence of a character trait that is pertinent to the crime. How must such evidence be presented?
• Which statement best describes the difference between Flight from Officer and Aggravated Flight from Officer?
• Which statement is not a remedy for a Brady violation involving exculpatory evidence?
• Which statement best captures the elements of False Imprisonment with a Dangerous Weapon?
• Identity Theft includes the following element?
• Which statement describes how the functional equivalent of custody for Miranda is determined?
• To extend the trial date, which statement best describes the required nature of the continuance motion?
• During trial, the state seeks to correct a misdescription in Jenny's car from a 2007 Honda Accord to a 2008 Honda Civic. How should the judge rule?
• Vehicular Negligent Injuring involves injuring by operation of a vehicle, boat, or plane. Which option correctly reflects this basis?
• Which statement best describes the form of the motion to continue?
• Under the Confrontation Clause, prior testimonial evidence may be admitted only if the declarant is unavailable and the defendant had the opportunity to cross-examine; this right can be forfeited if the declarant is unavailable due to the defendant's wrongdoing. Which statement best describes this rule?
• Under what circumstances can the details of a prior conviction beyond the basic facts be admitted during impeachment or cross-examination?
• In this jurisdiction, who may provide the affidavit accompanying a motion to continue?
• A week before the trial is set to commence, counsel needs more time to prepare. How should he proceed to extend the trial date?
• On the second day of trial, it is disclosed that the state's key witness gave four statements to detectives that are materially different from one another, and at least some are exculpatory. What should the defense do?
• Before allowing joint representation of two defendants who were arrested together, what procedure must the court perform?
• Which description best defines Reckless Operation of a Vehicle?
• If misjoinder of offenses is found, what is the proper procedural remedy in Louisiana?
• A kidnapping with the specific intent to obtain something of value from the victim.
• First Degree Vehicular Negligent Injuring requires which additional element beyond Vehicular Negligent Injuring?
• Which action appropriately describes the basis for a continuance motion in this context?
• When do Miranda rights attach?
• Felony-Murder (causal connection between felony and death of victim) is listed under which degree?
• Hit and Run offenses require which actions?
• Which statement is a basis for First Degree Murder?
• Which of the following is a requirement for a warrant?
• Infancy as a defense applies to individuals under what age?
• If the prosecution fails to disclose exculpatory material, which of the following is a proper remedy at minimum?
• Mistake of Fact can be a defense when it is what?
• Unauthorized Entry of an Inhabited Dwelling requires which elements?
• Concealment of Firearm involves
• Which elements constitute a DWI conviction in Louisiana?
• The neighbor who identified Kimberly died before trial. The detective's identification procedure was recorded on video. Should the judge allow admission of the recorded identification statement and play the DVD for the jury?
• Which statement about aggravating circumstances is true?
• Arrest in a public place without a warrant is permitted when?
• Under the dual sovereignty doctrine, can federal and state authorities prosecute the same individual for the same criminal act?
• A statement made during the heat of the moment by a declarant, such as an excited utterance, may be admitted under which hearsay exception?
• Miranda warnings are required during which circumstance?
• If the original seized marijuana plants were destroyed but a photograph exists, under Louisiana law the photographs may be admitted if there is proper foundation. What is the key foundation requirement?
• May prosecutors introduce evidence of a prior felony conviction of a defendant if the current charge is possession of firearm by a convicted felon, where the prior offense was forcible rape?
• A kidnapping with the specific intent for someone to give up anything of value in order to secure the victim's release describes which offense?
• Which statement best describes the 4th Amendment particularity requirement?
• Takes a neighbor's bicycle without consent, planning to return it soon. This offense is which?
• Intoxication may preclude liability if which condition is met?
• Does a prospective juror's knowledge of the location where the crime occurred provide a valid basis for challenging the juror for cause?
• Which statement accurately describes admissibility of evidence found in a home during a warrantless search?
• Which statement is true about possession offenses in Louisiana?
• Vehicular Homicide is described as death caused by what?
• Probable cause for an automobile search is determined by what standard?
• A neighbor's bicycle is taken without consent but there is no plan to permanently deprive the owner. This offense is which?
• Which statement accurately describes the admissibility of evidence seized from a workplace without a warrant?
• Second Degree Battery requires which elements beyond Simple Battery?
• General Negligent Injuring is described as an injury caused by what?
• Which offenses require specific intent to cause serious bodily injury to elevate?
• Which statement is NOT an element of Flight from Officer?
• Felon in Possession requires violent crime or drug felony conviction.
• Justifiable homicide includes which form when an intruder is unlawfully in or attempting to enter a dwelling and deadly force is necessary?
• May prosecutors use a defendant's prior felony conviction to impeach the defendant's credibility if the defendant testifies, even if the conviction is not an element of any charged offense?
• A warrantless automobile search is permitted if there is an actual and continuing threat to the officer's safety posed by an arrestee or the need to preserve evidence related to the crime of arrest.
• Simple Battery elements include which?
• A person forcibly takes a vehicle from the owner who is present and in lawful possession. This is an example of which offense?
• Two defendants charged together may be joined in the same indictment if they are based on the same act, transaction, or scheme. Which choice best expresses this principle?
• Stalking is defined as
• Criminal Trespass requires what conduct?
• Use of Nonlethal Force to protect property has which required condition?
• Under Louisiana law, two or more offenses may be charged in the same indictment in separate counts if they are (i) of the same or similar character, or (ii) based on the same act or transaction or two or more acts connected together or part of a common scheme, and (iii) triable by the same mode of trial. Which statement correctly describes when such joinder is permitted?
• At the start of trial, what measure should be used to preserve the integrity of witnesses' testimony?
• Under aggravating circumstances, which victim age qualifies?
• Which of the following best states the elements of a criminal conspiracy?
• Statements made to a cellmate fall outside the custodial interrogation framework, so they are generally not suppressed. Which statement reflects this correctly?
• Which is correct about the plain view exception within the curtilage?
• Under the automobile exception, which is true?
• Resisting Arrest in Louisiana is defined as
• Simple Assault includes which acts?
• During the trial, the ER nurse who attended V testifies that while barely conscious V stated, "I can't believe that D would do this to me." About five minutes later V lost consciousness and eventually died. Should the judge allow the nurse to testify regarding V's statement?
• Which elements comprise simple robbery?
• Which of the following is an exception to the exclusionary rule?
• Assault by Drive By is defined as
• Defense of Others permits force under which condition?
• To invalidate a search warrant, which elements must be present?
• Which statement describes Possession of Stolen Things?
• Setting fire to a structure where it is foreseeable that human life could be endangered qualifies as which offense?
• Death caused by ingestion of a controlled substance falls under which murder degree?
• Which category of offense is subject to the two-year speedy-trial deadline described in this material?
• In a case where a defendant is detained without bond for two years with no interruptions and charged with a noncapital felony, what action should the defense take?
• Flight from Officer requires which elements?
• Once a suspect unambiguously invokes the right to counsel, what must happen?
• D introduces the testimony of his supervisor regarding D's reputation for peacefulness and nonviolence. Is this admissible as character evidence?
• Who is a Principal in a crime?
• A person takes property of another with the intent to permanently deprive. This describes which offense?
• Defendant seeks to introduce evidence that the victim had a violent history and a dangerous character to support a claim related to motive, opportunity, or identity. When is such evidence admissible?
• Under the curtilage rule, which statement is correct?
• Felon in Possession requires what condition?
• Possession of CDS in Louisiana is
• Manslaughter is murder, but occurs under which condition?
• Which statement accurately describes consent to search a residence when there are multiple occupants?