ND Bar Criminal Law 2 — Questions and Answers
Question 1: What is the statute of limitations for most felonies in North Dakota?
- 3 to 7 years depending on the severity (Correct answer)
- No statute of limitations for any crime
- 1 year
- 30 days
Correct answer: 3 to 7 years depending on the severity
North Dakota has varying statutes of limitations for felonies based on severity, though murder typically has no limitations period.
Question 2: Under North Dakota law, what is accomplice liability?
- A person who aids or abets the commission of a crime is liable as if they committed the crime themselves (Correct answer)
- Only the principal can be charged
- Accomplices always receive lesser charges
- Accomplice liability requires a written agreement
Correct answer: A person who aids or abets the commission of a crime is liable as if they committed the crime themselves
Those who intentionally aid, abet, or counsel the commission of a crime face the same criminal liability as the person who directly commits it.
Question 3: What is the North Dakota definition of burglary?
- Unlawful entry into a structure with intent to commit a crime therein (Correct answer)
- Any theft from a building
- Breaking a window
- Trespassing on private property
Correct answer: Unlawful entry into a structure with intent to commit a crime therein
Burglary combines unauthorized entry into a structure with the intent to commit a crime inside, regardless of whether the crime is completed.
Question 4: What is the insanity defense standard in North Dakota?
- The defendant lacked the capacity to understand the nature of their act or that it was wrong due to mental disease (Correct answer)
- Any mental health issue qualifies
- Insanity is not a defense
- Only intellectual disability qualifies
Correct answer: The defendant lacked the capacity to understand the nature of their act or that it was wrong due to mental disease
The insanity defense requires showing that mental disease or defect prevented the defendant from understanding the nature or wrongfulness of their conduct.
Question 5: Under North Dakota criminal procedure, what is a plea bargain?
- An agreement where the defendant pleads guilty in exchange for reduced charges or sentencing recommendations (Correct answer)
- A mandatory part of every criminal case
- An agreement between co-defendants
- A type of bail arrangement
Correct answer: An agreement where the defendant pleads guilty in exchange for reduced charges or sentencing recommendations
A plea bargain is a negotiated agreement between the prosecution and defense where the defendant enters a guilty plea in exchange for some concession.
Question 6: What is the North Dakota law on conspiracy?
- An agreement between two or more persons to commit a crime, plus an overt act in furtherance (Correct answer)
- Only the completed crime can be charged
- Agreement alone is sufficient
- Conspiracy only applies to drug crimes
Correct answer: An agreement between two or more persons to commit a crime, plus an overt act in furtherance
Criminal conspiracy requires both an agreement to commit a crime and at least one overt act taken in furtherance of that agreement.
ND Bar Criminal Law 2
What is the statute of limitations for most felonies in North Dakota?