IL Bar Criminal Law and Procedure 3

Question 1

Under Illinois law, what is the statute of limitations for most Class 2 felonies?

Accepted Answer

3 years

Answer

Illinois generally imposes a 3-year statute of limitations for most felonies, with longer periods for specific offenses like sexual assault and murder.

Question 2

A police officer conducts a stop-and-frisk of a pedestrian based on specific articulable facts. The required legal standard under Terry v. Ohio is:

Accepted Answer

Reasonable articulable suspicion of criminal activity

Answer

Terry stops require reasonable articulable suspicion — specific, objective facts that a crime is afoot — a standard lower than probable cause.

Question 3

Under Illinois sentencing law, a Class X felony carries a mandatory minimum sentence of:

Accepted Answer

6 years

Answer

Illinois Class X felonies carry a mandatory minimum sentence of 6 years and a maximum of 30 years imprisonment, with no possibility of probation.

Question 4

Accomplice liability in Illinois holds a person accountable for another's criminal conduct if the person:

Accepted Answer

Solicited, aided, abetted, agreed to, or attempted to aid another in planning or committing the offense

Answer

Under 720 ILCS 5/5-2, accountability attaches when a person solicits, aids, abets, agrees, or attempts to aid another in the planning or commission of an offense with the intent to promote or facilitate it.

Question 5

A defendant invokes the right to remain silent during a custodial interrogation. Police resume questioning two hours later. Under Berghuis v. Thompkins, this is:

Accepted Answer

Permissible if the defendant later waives Miranda rights by making uncoerced statements

Answer

Berghuis held that an unambiguous invocation is required to cut off questioning, and a subsequent uncoerced statement can constitute an implied waiver of Miranda rights.

IL Bar - Illinois Bar Exam Practice Test

IL Bar - Illinois Bar Exam Practice Test

IL Bar Criminal Law and Procedure 3