FL Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Miranda v. Arizona, police must advise a suspect of their rights before:
- Any arrest
- Custodial interrogation (Correct answer)
- Investigatory stop
- Booking
Correct answer: Custodial interrogation
Miranda warnings are required only when a suspect is in custody and subject to interrogation — not merely upon arrest or investigatory detention.
Question 2: Which element distinguishes murder from voluntary manslaughter under common law?
- The defendant's mental state
- The presence or absence of adequate provocation with heat of passion (Correct answer)
- Whether a weapon was used
- The victim's identity
Correct answer: The presence or absence of adequate provocation with heat of passion
Voluntary manslaughter is an intentional killing committed in the heat of passion upon adequate provocation, which negates the malice required for murder.
Question 3: Under the Fourth Amendment exclusionary rule established in Mapp v. Ohio, illegally obtained evidence is:
- Admissible if reliable
- Inadmissible in state and federal criminal proceedings (Correct answer)
- Only inadmissible in federal court
- Admissible with a limiting instruction
Correct answer: Inadmissible in state and federal criminal proceedings
Mapp v. Ohio incorporated the Fourth Amendment exclusionary rule to the states, barring use of evidence obtained in violation of the Constitution in state criminal proceedings.
Question 4: The felony murder rule imposes liability for murder when a defendant:
- Plans a murder in advance
- Causes a death during the commission of an inherently dangerous felony (Correct answer)
- Intentionally harms but does not kill
- Acts with depraved indifference
Correct answer: Causes a death during the commission of an inherently dangerous felony
Felony murder doctrine holds a defendant liable for murder if a death occurs during the commission or attempted commission of an inherently dangerous felony.
Question 5: Under Florida law, a warrantless arrest in a home generally requires:
- Probable cause alone
- Consent or exigent circumstances in addition to probable cause (Correct answer)
- Reasonable suspicion
- A grand jury indictment
Correct answer: Consent or exigent circumstances in addition to probable cause
Florida follows the constitutional rule from Payton v. New York — a warrantless home arrest requires both probable cause and exigent circumstances or consent.
Question 6: Which mens rea element requires conscious awareness and disregard of a substantial and unjustifiable risk?
- Purposely
- Knowingly
- Recklessly (Correct answer)
- Negligently
Correct answer: Recklessly
Recklessness under the Model Penal Code requires conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care.
FL Bar Criminal Law and Procedure 1
Under Miranda v.
Arizona, police must advise a suspect of their rights before: