Criminal Law and Procedure Flashcards

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

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.

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?

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.

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

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.

Illinois recognizes which form of the insanity defense?

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.

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

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:

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.