IL Bar Criminal Law and Procedure 2 — Questions and Answers
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?
- Good faith exception
- Inevitable discovery doctrine (Correct answer)
- Independent source doctrine
- Attenuation doctrine
Correct answer: Inevitable discovery doctrine
The inevitable discovery doctrine permits admission of illegally obtained evidence if the prosecution can demonstrate it would have been inevitably discovered through independent legal means.
Question 2: Under Illinois law, which crime is defined as knowingly receiving, retaining, or disposing of stolen property?
- Theft by deception
- Residential burglary
- Possession of stolen motor vehicle
- Theft (Correct answer)
Correct answer: Theft
Under the Illinois Criminal Code, theft includes knowingly obtaining or exerting unauthorized control over property of another, which covers receiving and retaining stolen property.
Question 3: A defendant pleads guilty in Illinois. For the plea to be valid, the court must advise the defendant of all EXCEPT:
- The nature of the charge
- The maximum and minimum penalties
- The right to trial by jury
- The identity of the sentencing judge (Correct answer)
Correct answer: The identity of the sentencing judge
Illinois Supreme Court Rule 402 requires admonitions about the charge, possible penalties, and rights being waived, but does not require disclosure of the identity of the sentencing judge.
Question 4: Under the Sixth Amendment, the right to counsel attaches at:
- The moment of arrest
- The initiation of formal adversarial proceedings (Correct answer)
- Any police contact
- The time charges are filed with the clerk
Correct answer: The initiation of formal adversarial proceedings
The Sixth Amendment right to counsel attaches at the initiation of formal adversarial proceedings, such as arraignment, preliminary hearing, indictment, or information.
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?
- The victim was a stranger
- The act occurred in public
- The victim was a peace officer performing official duties (Correct answer)
- The defendant used profanity
Correct answer: The victim was a peace officer performing official duties
Under the Illinois Criminal Code, aggravated battery includes battery committed against a peace officer, firefighter, or other specified protected persons during the performance of their duties.
Question 6: In Illinois, which standard applies when reviewing the sufficiency of evidence supporting a criminal conviction on appeal?
- Preponderance of the evidence
- Clear and convincing evidence
- Whether any rational trier of fact could have found the elements beyond a reasonable doubt (Correct answer)
- De novo review of all factual findings
Correct answer: Whether any rational trier of fact could have found the elements beyond a reasonable doubt
Under Jackson v. Virginia and followed in Illinois, a conviction stands if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find the essential elements proven beyond a reasonable doubt.
IL Bar Criminal Law and Procedure 2
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?