CLEET Criminal Law & Procedures 5 — Questions and Answers
Question 1: Under Oklahoma law, which mental state (mens rea) is required for the crime of first-degree murder?
- Negligence
- Recklessness
- Malice aforethought (deliberate intent to kill) (Correct answer)
- Knowledge that death was likely
Correct answer: Malice aforethought (deliberate intent to kill)
Oklahoma first-degree murder requires malice aforethought—the deliberate and premeditated intent to cause death—distinguishing it from lesser homicide offenses.
Question 2: The 'open fields' doctrine established in Hester v. United States holds that:
- Public parks are always subject to Fourth Amendment protection
- Land outside the curtilage of a home receives no Fourth Amendment protection (Correct answer)
- Officers need a warrant to enter fenced farmland
- Fields adjacent to a home share the home's privacy protections
Correct answer: Land outside the curtilage of a home receives no Fourth Amendment protection
The open fields doctrine says that areas beyond the curtilage—the land immediately surrounding a home—are not protected by the Fourth Amendment even if fenced or posted.
Question 3: When a suspect invokes their right to remain silent during a custodial interrogation, officers must:
- Immediately release the suspect
- Cease questioning immediately and honor the invocation (Correct answer)
- Ask the suspect to clarify what they mean
- Wait 30 minutes before resuming interrogation
Correct answer: Cease questioning immediately and honor the invocation
Once a suspect clearly invokes the right to silence, all interrogation must stop; officers cannot continue questioning or 're-approach' the topic shortly after.
Question 4: The crime of 'accessory after the fact' requires that the defendant:
- Planned the crime in advance with the principal
- Knowingly assisted a felon to avoid arrest, trial, or punishment after the crime was completed (Correct answer)
- Was present at the scene of the crime
- Provided the tools or means to commit the crime
Correct answer: Knowingly assisted a felon to avoid arrest, trial, or punishment after the crime was completed
Accessory after the fact involves helping a person who has already committed a felony to escape justice, and the assistance must occur after the crime is complete.
Question 5: Under the concept of 'curtilage,' which factor is NOT typically used by courts to determine whether an area is part of the home's curtilage?
- Proximity of the area to the home
- Whether the area is within an enclosure surrounding the home
- The market value of the property (Correct answer)
- The nature of uses to which the area is put
Correct answer: The market value of the property
The Dunn factors for determining curtilage are proximity, enclosure, use, and steps taken to protect privacy—market value of the property is not a legal factor.
Question 6: Oklahoma's 'Stand Your Ground' law removes which traditional self-defense requirement?
- The belief of imminent harm
- The duty to retreat before using force in a public place (Correct answer)
- Proportionality of force used
- The requirement that the threat be unlawful
Correct answer: The duty to retreat before using force in a public place
Oklahoma's Stand Your Ground statute eliminates the common-law duty to retreat before using defensive force when a person is in a place they have a legal right to be.
Question 7: Which of the following scenarios best illustrates 'constructive possession' of contraband?
- A suspect is caught holding drugs in their hand
- Drugs are found under the driver's seat of a car the suspect owns and regularly drives alone (Correct answer)
- A suspect admits to buying drugs the previous day
- A suspect is seen near a known drug house
Correct answer: Drugs are found under the driver's seat of a car the suspect owns and regularly drives alone
Constructive possession exists when a person has knowledge of contraband and the ability to exercise dominion and control over it, even without physical possession.
CLEET Criminal Law & Procedures 5
Under Oklahoma law, which mental state (mens rea) is required for the crime of first-degree murder?