IA Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: What is the Iowa statute of limitations for most felonies?
- 3 years (Correct answer)
- 5 years
- 1 year
- No statute of limitations
Correct answer: 3 years
Iowa generally imposes a 3-year statute of limitations for most felonies, though murder and certain other serious offenses have no limitations period.
Question 2: Under Iowa law, what is the difference between robbery and burglary?
- Robbery involves taking property from a person by force; burglary involves unlawful entry into a structure with criminal intent (Correct answer)
- Both require use of a weapon
- Both require breaking and entering
- There is no legal distinction in Iowa
Correct answer: Robbery involves taking property from a person by force; burglary involves unlawful entry into a structure with criminal intent
Robbery requires taking property directly from a person through force or threat, while burglary involves entering or remaining in a structure without permission with intent to commit a crime.
Question 3: In Iowa, what rights does a defendant have at a preliminary hearing?
- The right to counsel, to cross-examine witnesses, and to present evidence (Correct answer)
- Only the right to remain silent
- Only the right to have an attorney present
- No rights until the trial phase
Correct answer: The right to counsel, to cross-examine witnesses, and to present evidence
At a preliminary hearing in Iowa, the defendant has the right to be represented by counsel, to cross-examine prosecution witnesses, and to present evidence establishing that probable cause does not exist.
Question 4: What is the Iowa defense of justification (self-defense) standard?
- A person may use reasonable force when they reasonably believe it is necessary to defend against imminent use of unlawful force (Correct answer)
- Any amount of force is justified if the person feels threatened
- Deadly force is always justified in one's home
- Self-defense is only available if the person attempted to retreat first
Correct answer: A person may use reasonable force when they reasonably believe it is necessary to defend against imminent use of unlawful force
Iowa's self-defense standard requires a reasonable belief that force is necessary to prevent imminent unlawful force, and the force used must be proportional to the threat.
Question 5: What does the Iowa 'Stand Your Ground' law provide?
- A person has no duty to retreat before using reasonable force in self-defense in any place they have a right to be (Correct answer)
- A person must always retreat if possible
- Stand Your Ground only applies inside one's home
- Iowa does not have a Stand Your Ground law
Correct answer: A person has no duty to retreat before using reasonable force in self-defense in any place they have a right to be
Iowa enacted a Stand Your Ground law that removes the duty to retreat before using reasonable force, including deadly force, in any location where the person has a legal right to be.
Question 6: In Iowa, what is required for a valid search warrant?
- Probable cause, specificity of place to be searched and items to be seized, and judicial approval (Correct answer)
- Only a police officer's signature
- Approval from the county attorney only
- The suspect's consent
Correct answer: Probable cause, specificity of place to be searched and items to be seized, and judicial approval
A valid search warrant in Iowa requires a showing of probable cause to a judge, a specific description of the place to be searched and items sought, and the judge's signature.
IA Bar Criminal Law and Procedure 2
What is the Iowa statute of limitations for most felonies?