AZ Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under Batson v. Kentucky, a prosecutor may not use peremptory challenges to:
- Strike any juror without cause
- Strike jurors based on race (Correct answer)
- Challenge jurors who know the defendant
- Remove jurors who have prior jury experience
Correct answer: Strike jurors based on race
Batson held that the Equal Protection Clause prohibits race-based use of peremptory challenges; the defendant must make a prima facie showing of discrimination, shifting the burden to the prosecution.
Question 2: The right to counsel under the Sixth Amendment attaches at:
- The moment of arrest
- The initiation of formal adversarial proceedings (Correct answer)
- Any police questioning
- The filing of an indictment only
Correct answer: The initiation of formal adversarial proceedings
The Sixth Amendment right to counsel is offense-specific and attaches at the initiation of formal adversarial proceedings, such as arraignment or indictment.
Question 3: In Arizona, what distinguishes aggravated assault from simple assault?
- Only the severity of the victim's injuries
- The presence of aggravating factors such as use of a deadly weapon, serious physical injury, or assault on a protected class of victim (Correct answer)
- Whether the assault was premeditated
- The defendant's prior criminal history
Correct answer: The presence of aggravating factors such as use of a deadly weapon, serious physical injury, or assault on a protected class of victim
A.R.S. § 13-1204 elevates assault to aggravated assault when specific aggravating factors are present, including use of a deadly weapon or dangerous instrument, serious physical injury, or the victim's status.
Question 4: Entrapment as a defense requires the defendant to show:
- That a government agent induced the defendant to commit a crime the defendant was not predisposed to commit (Correct answer)
- That the defendant was coerced by threats of harm
- That the government agent committed the crime alongside the defendant
- That the defendant lacked the mental capacity to form criminal intent
Correct answer: That a government agent induced the defendant to commit a crime the defendant was not predisposed to commit
The entrapment defense requires showing both government inducement and the defendant's lack of predisposition to commit the crime prior to government contact.
Question 5: For a conviction to stand, the prosecution must prove every element of the crime beyond a reasonable doubt because of:
- The Fourth Amendment
- The Due Process Clause of the Fourteenth Amendment as interpreted in In re Winship (Correct answer)
- The Sixth Amendment right to trial by jury
- The Eighth Amendment prohibition on cruel and unusual punishment
Correct answer: The Due Process Clause of the Fourteenth Amendment as interpreted in In re Winship
In re Winship established that the Due Process Clause requires the prosecution to prove every element of the offense beyond a reasonable doubt.
Question 6: Arizona's felony murder rule imposes first-degree murder liability when a killing occurs during:
- Any felony offense
- One of the specifically enumerated felonies listed in A.R.S. § 13-1105 (Correct answer)
- A violent misdemeanor
- Any crime involving a weapon
Correct answer: One of the specifically enumerated felonies listed in A.R.S. § 13-1105
Arizona's felony murder doctrine applies only to killings that occur during the commission of specific enumerated felonies set out in the first-degree murder statute.
AZ Bar Criminal Law and Procedure 2
Under Batson v.
Kentucky, a prosecutor may not use peremptory challenges to: