FL Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under the Double Jeopardy Clause, a defendant who is acquitted may NOT be retried even if:
- New evidence is discovered
- The acquittal was based on juror misconduct
- The prosecutor committed error
- All of the above (Correct answer)
Correct answer: All of the above
The Double Jeopardy Clause provides an absolute bar to retrial after acquittal — it applies regardless of newly discovered evidence, error, or misconduct that led to the acquittal.
Question 2: Florida's 'Stand Your Ground' law eliminates the duty to retreat for a person who:
- Is the initial aggressor
- Is lawfully present in any place and not engaged in criminal activity when faced with imminent death or great bodily harm (Correct answer)
- Is inside their home only
- Has retreated to the wall first
Correct answer: Is lawfully present in any place and not engaged in criminal activity when faced with imminent death or great bodily harm
Florida Statutes § 776.012 allows a person lawfully present anywhere to use deadly force without retreating if they reasonably believe it is necessary to prevent death or great bodily harm.
Question 3: Under the Sixth Amendment, the right to counsel attaches at:
- The moment of arrest
- The initiation of formal adversarial proceedings (Correct answer)
- The point of custodial interrogation only
- Filing of an information
Correct answer: The initiation of formal adversarial proceedings
The Sixth Amendment right to counsel attaches at the initiation of formal judicial proceedings — indictment, arraignment, preliminary hearing, or filing of an information.
Question 4: To convict a defendant of conspiracy, most jurisdictions (including Florida) require proof of:
- An agreement and completion of the target crime
- An agreement and an overt act in furtherance (Correct answer)
- Mental intent alone
- More than two co-conspirators
Correct answer: An agreement and an overt act in furtherance
Florida's conspiracy statute requires an agreement between two or more persons plus an overt act by any conspirator in furtherance of the conspiracy.
Question 5: Under Florida law, the insanity defense (M'Naghten standard) requires that the defendant, at the time of the crime:
- Was under extreme emotional distress
- Did not know the nature of the act or did not know it was wrong due to mental disease or defect (Correct answer)
- Lacked the ability to conform conduct to law
- Was involuntarily intoxicated
Correct answer: Did not know the nature of the act or did not know it was wrong due to mental disease or defect
Florida applies the M'Naghten test — a defendant is legally insane if a mental disease or defect caused them not to know the nature of the act or not to know it was wrong.
Question 6: Which exception allows warrantless searches of automobiles when police have probable cause to believe the vehicle contains contraband?
- Plain view doctrine
- Automobile exception (Correct answer)
- Inventory search exception
- Exigent circumstances doctrine
Correct answer: Automobile exception
The automobile exception permits a warrantless search of a vehicle — including containers within it — when police have probable cause to believe it contains contraband or evidence of a crime.
FL Bar Criminal Law and Procedure 2
Under the Double Jeopardy Clause, a defendant who is acquitted may NOT be retried even if: