IL Bar Criminal Law and Procedure

Question 1

Under the Illinois Criminal Code, which mental state is required for first-degree murder?

Accepted Answer

Intent to kill or knowledge that acts create a strong probability of death or great bodily harm

Answer

Negligence

Answer

Recklessness

Answer

Strict liability

Question 2

Under Miranda v. Arizona, law enforcement must advise a suspect of their rights before custodial interrogation. Which of the following is NOT a required Miranda warning?

Accepted Answer

The right to a speedy trial

Answer

The right to remain silent

Answer

That statements can be used against the suspect in court

Answer

The right to an attorney during questioning

Question 3

The Fourth Amendment protects against unreasonable searches and seizures. Under Katz v. United States, protection extends to areas where a person has:

Accepted Answer

A subjective expectation of privacy that society recognizes as reasonable

Answer

Legal ownership of the property

Answer

Physical possession at the time of the search

Answer

Prior police contact

Question 4

Illinois recognizes which form of the insanity defense?

Accepted Answer

M'Naghten test only

Answer

Irresistible impulse test only

Answer

Model Penal Code substantial capacity test

Answer

Illinois abolished the insanity defense

Question 5

Under the Double Jeopardy Clause, prosecution is barred after an acquittal. Which statement about double jeopardy in Illinois is correct?

Accepted Answer

Jeopardy attaches in a jury trial when the jury is sworn

Answer

Jeopardy attaches when the indictment is filed

Answer

Jeopardy never attaches in bench trials

Answer

Retrial after a hung jury is barred

Question 6

A defendant charged with robbery in Illinois demands a jury trial. Under the Illinois Constitution, the right to a jury trial applies to offenses punishable by:

Accepted Answer

Imprisonment exceeding six months

Answer

Any fine whatsoever

Answer

Any criminal charge regardless of punishment

Answer

Felonies only