AR Bar Criminal Law 2 — Questions and Answers
Question 1: Under the Arkansas Fourth Amendment framework, a warrantless search of an automobile is permissible based on:
- A police officer's hunch
- Probable cause that the vehicle contains evidence of a crime (Correct answer)
- Reasonable suspicion only
- The driver's presence in a high-crime area
Correct answer: Probable cause that the vehicle contains evidence of a crime
The automobile exception allows a warrantless search when officers have probable cause to believe the vehicle contains contraband or evidence of a crime.
Question 2: Under Arkansas criminal law, what constitutes 'serious physical injury' for enhancement purposes?
- Any bruising or soreness
- Physical injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss of a body organ (Correct answer)
- Any injury requiring a doctor's visit
- Injury resulting in emotional distress
Correct answer: Physical injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss of a body organ
Serious physical injury under Arkansas Code § 5-1-102 means injury creating a substantial risk of death or causing permanent disfigurement or protracted loss or impairment of a body part.
Question 3: In Arkansas, a defendant charged with a felony has the right to a jury trial composed of how many jurors?
- 6
- 8
- 10
- 12 (Correct answer)
Correct answer: 12
The Arkansas Constitution requires a 12-person jury for felony trials, and a unanimous verdict is required for conviction.
Question 4: Under Arkansas law, what mental state is required for criminal negligence?
- Purposely disregarding a risk
- Failing to perceive a substantial and unjustifiable risk when a reasonable person would have perceived it (Correct answer)
- Knowingly creating a risk
- Recklessly disregarding a known risk
Correct answer: Failing to perceive a substantial and unjustifiable risk when a reasonable person would have perceived it
Criminal negligence involves failing to perceive a substantial and unjustifiable risk that a reasonable person in the same circumstances would have perceived.
Question 5: Under Arkansas Code § 5-54-125, tampering with physical evidence occurs when a person:
- Refuses to testify
- Alters, destroys, or conceals physical evidence with the purpose of impairing its availability in an official proceeding (Correct answer)
- Fails to report a crime
- Provides an alibi for a defendant
Correct answer: Alters, destroys, or conceals physical evidence with the purpose of impairing its availability in an official proceeding
Tampering with physical evidence is purposefully altering, destroying, or concealing evidence to impair its availability in an official proceeding.
Question 6: Under Arkansas law, which of the following is NOT a required element of criminal conspiracy?
- An agreement between two or more persons
- A purpose to commit an offense
- Commission of the completed offense (Correct answer)
- An overt act in furtherance of the conspiracy in some cases
Correct answer: Commission of the completed offense
Conspiracy is an inchoate offense — the actual commission of the target offense is not required; the agreement and an overt act (where required) are sufficient.
AR Bar Criminal Law 2
Under the Arkansas Fourth Amendment framework, a warrantless search of an automobile is permissible based on: