IL Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under the Illinois Criminal Code, which mental state is required for first-degree murder?
- Negligence
- Recklessness
- Intent to kill or knowledge that acts create a strong probability of death or great bodily harm (Correct answer)
- Strict liability
Correct answer: Intent to kill or knowledge that acts create a strong probability of death or great bodily harm
Illinois first-degree murder requires intent to kill, intent to cause great bodily harm, or knowledge that the acts create a strong probability of death or great bodily harm.
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?
- The right to remain silent
- That statements can be used against the suspect in court
- The right to an attorney during questioning
- The right to a speedy trial (Correct answer)
Correct answer: The right to a speedy trial
Miranda warnings cover the right to silence, the use of statements as evidence, the right to an attorney, and the right to appointed counsel; the right to a speedy trial is not a Miranda component.
Question 3: The Fourth Amendment protects against unreasonable searches and seizures. Under Katz v. United States, protection extends to areas where a person has:
- Legal ownership of the property
- A subjective expectation of privacy that society recognizes as reasonable (Correct answer)
- Physical possession at the time of the search
- Prior police contact
Correct answer: A subjective expectation of privacy that society recognizes as reasonable
The Katz test protects individuals who have a subjective expectation of privacy that is objectively reasonable under societal standards.
Question 4: Illinois recognizes which form of the insanity defense?
- M'Naghten test only (Correct answer)
- Irresistible impulse test only
- Model Penal Code substantial capacity test
- Illinois abolished the insanity defense
Correct answer: M'Naghten test only
Illinois uses the M'Naghten test, under which a defendant is not criminally responsible if, due to mental disease or defect, they did not know the nature of the act or that it was wrong.
Question 5: Under the Double Jeopardy Clause, prosecution is barred after an acquittal. Which statement about double jeopardy in Illinois is correct?
- Jeopardy attaches when the indictment is filed
- Jeopardy attaches in a jury trial when the jury is sworn (Correct answer)
- Jeopardy never attaches in bench trials
- Retrial after a hung jury is barred
Correct answer: Jeopardy attaches in a jury trial when the jury is sworn
In jury trials, jeopardy attaches when the jury is impaneled and sworn; in bench trials, it attaches when the first witness is sworn.
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:
- Any fine whatsoever
- Imprisonment exceeding six months (Correct answer)
- Any criminal charge regardless of punishment
- Felonies only
Correct answer: Imprisonment exceeding six months
The constitutional right to jury trial extends to serious offenses — those punishable by more than six months' imprisonment — under both federal and Illinois law.
IL Bar Criminal Law and Procedure 1
Under the Illinois Criminal Code, which mental state is required for first-degree murder?