IL Bar Criminal Law and Procedure 2

Question 1

The exclusionary rule prevents illegally obtained evidence from being used at trial. Which doctrine allows the use of evidence that would have been discovered through lawful means?

Accepted Answer

Inevitable discovery doctrine

Answer

Good faith exception

Answer

Independent source doctrine

Answer

Attenuation doctrine

Question 2

Under Illinois law, which crime is defined as knowingly receiving, retaining, or disposing of stolen property?

Accepted Answer

Theft

Answer

Theft by deception

Answer

Residential burglary

Answer

Possession of stolen motor vehicle

Question 3

A defendant pleads guilty in Illinois. For the plea to be valid, the court must advise the defendant of all EXCEPT:

Accepted Answer

The identity of the sentencing judge

Answer

The nature of the charge

Answer

The maximum and minimum penalties

Answer

The right to trial by jury

Question 4

Under the Sixth Amendment, the right to counsel attaches at:

Accepted Answer

The initiation of formal adversarial proceedings

Answer

The moment of arrest

Answer

Any police contact

Answer

The time charges are filed with the clerk

Question 5

Illinois aggravated battery requires bodily harm or offensive touching plus an aggravating factor. Which of the following is an aggravating factor under the Illinois statute?

Accepted Answer

The victim was a peace officer performing official duties

Answer

The victim was a stranger

Answer

The act occurred in public

Answer

The defendant used profanity

Question 6

In Illinois, which standard applies when reviewing the sufficiency of evidence supporting a criminal conviction on appeal?

Accepted Answer

Whether any rational trier of fact could have found the elements beyond a reasonable doubt

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Answer

De novo review of all factual findings