DE Bar DE Bar Criminal Law and Procedure

Question 1

Under Delaware law, which mental state is required for first-degree murder?

Accepted Answer

Intent to cause death

Answer

Negligence

Answer

Recklessness

Answer

Strict liability

Question 2

In Delaware, which court has original jurisdiction over felony criminal cases?

Accepted Answer

Superior Court

Answer

Family Court

Answer

Court of Common Pleas

Answer

Justice of the Peace Court

Question 3

Under the Delaware Rules of Criminal Procedure, when must an indictment or information be filed for a felony charge?

Accepted Answer

Prior to or at the time of arraignment

Answer

Within 30 days of arrest

Answer

Within 10 days of preliminary hearing

Answer

Before the grand jury convenes

Question 4

Which constitutional provision, as applied through the Fourteenth Amendment, governs search and seizure protections in Delaware criminal proceedings?

Accepted Answer

Fourth Amendment

Answer

First Amendment

Answer

Fifth Amendment

Answer

Sixth Amendment

Question 5

Under Delaware law, what is the statute of limitations for most Class A felonies?

Accepted Answer

No limitation

Answer

3 years

Answer

5 years

Answer

10 years

Question 6

Which standard governs the sufficiency of evidence needed to sustain a Delaware criminal conviction on appeal?

Accepted Answer

Whether any rational trier of fact could find guilt beyond a reasonable doubt

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Answer

Substantial evidence test