CLEET Criminal Law & Procedures 5

Question 1

Under Oklahoma law, which mental state (mens rea) is required for the crime of first-degree murder?

Accepted Answer

Malice aforethought (deliberate intent to kill)

Answer

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:

Accepted Answer

Land outside the curtilage of a home receives no Fourth Amendment protection

Answer

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:

Accepted Answer

Cease questioning immediately and honor the invocation

Answer

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:

Accepted Answer

Knowingly assisted a felon to avoid arrest, trial, or punishment after the crime was completed

Answer

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?

Accepted Answer

The market value of the property

Answer

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.

(CLEET) Council on Law Enforcement Education and Training Certification Practice Test

(CLEET) Council on Law Enforcement Education and Training Certification Practice Test

CLEET Criminal Law & Procedures 5