WY Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Wyoming Statutes, first-degree murder is defined as willful, deliberate, and premeditated killing, plus killing:
- During the commission of any misdemeanor
- During the commission of specific enumerated felonies (felony murder) (Correct answer)
- Of any public official
- Of a family member only
Correct answer: During the commission of specific enumerated felonies (felony murder)
Wyoming's first-degree murder statute, W.S. § 6-2-101, includes both premeditated murder and felony murder committed during certain dangerous felonies.
Question 2: Under Wyoming criminal procedure, a defendant has the right to a jury trial when facing a potential sentence of:
- Any incarceration
- More than 6 months incarceration (Correct answer)
- More than 1 year incarceration
- More than 2 years incarceration
Correct answer: More than 6 months incarceration
Under both the Sixth Amendment and Wyoming law, the right to jury trial attaches to offenses carrying a potential sentence exceeding six months.
Question 3: Under Wyoming Statutes, the crime of aggravated assault requires:
- Any touching of another person
- Intentionally, knowingly, or recklessly causing serious bodily injury or using a deadly weapon (Correct answer)
- Verbal threats without physical contact
- Assault committed in a public place
Correct answer: Intentionally, knowingly, or recklessly causing serious bodily injury or using a deadly weapon
Wyoming Statutes § 6-2-502 defines aggravated assault as intentionally, knowingly, or recklessly causing serious bodily injury or assault using a deadly weapon.
Question 4: Under Wyoming criminal procedure, a search warrant must be supported by:
- Reasonable suspicion only
- Probable cause supported by oath or affirmation (Correct answer)
- Clear and convincing evidence
- A preponderance of the evidence
Correct answer: Probable cause supported by oath or affirmation
Wyoming Rule of Criminal Procedure 41 requires that search warrants be supported by probable cause, established by a sworn affidavit describing the place to be searched and items to be seized.
Question 5: Under Wyoming law, the defense of self-defense allows use of deadly force when:
- The defendant merely feels threatened
- The defendant reasonably believes it is necessary to prevent imminent death or serious bodily injury to themselves or another (Correct answer)
- The defendant is in any confrontation
- Only inside the home under the castle doctrine
Correct answer: The defendant reasonably believes it is necessary to prevent imminent death or serious bodily injury to themselves or another
Wyoming's self-defense statute requires a reasonable belief that deadly force is immediately necessary to prevent imminent death or great bodily injury.
Question 6: Under Wyoming criminal law, the general statute of limitations for most felonies is:
- 2 years
- 3 years
- 5 years (Correct answer)
- No statute of limitations for any felony
Correct answer: 5 years
Wyoming Statutes § 7-2-101 provides a five-year statute of limitations for most felony prosecutions, with no limitation for crimes punishable by death or life imprisonment.
WY Bar Criminal Law and Procedure 1
Under Wyoming Statutes, first-degree murder is defined as willful, deliberate, and premeditated killing, plus killing: