Criminal Law and Procedure Flashcards
7 cards from real KS BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law and Procedure flashcards as text
Under the Fourth Amendment, which of the following is NOT a recognized exception to the warrant requirement?
Answer: Statutory authorization by state legislature
The Fourth Amendment exceptions are judicially created; a state legislature cannot create new exceptions to the federal constitutional warrant requirement.
A defendant is charged with felony murder in Kansas. The underlying felony is robbery. Which element must the prosecution prove beyond a reasonable doubt?
Answer: The death occurred during the commission or attempted commission of the robbery
Kansas felony murder requires proof that the killing occurred during the commission or attempted commission of an inherently dangerous felony; no specific intent to kill is required.
Miranda warnings are required when a suspect is:
Answer: In custody and subject to interrogation
Miranda warnings are triggered only when a suspect is both in custody and subject to interrogation by law enforcement.
Which of the following best describes the 'plain view' doctrine?
Answer: Officers may seize evidence without a warrant if lawfully present and incriminating nature is immediately apparent
Plain view allows warrantless seizure when: the officer is lawfully present, the item is in plain view, and its incriminating character is immediately apparent.
In Kansas, voluntary intoxication is generally:
Answer: A defense only to specific intent crimes
Kansas permits evidence of voluntary intoxication only to negate specific intent; it is not a defense to general intent crimes.
The Sixth Amendment right to counsel attaches at:
Answer: The initiation of formal judicial proceedings
The Sixth Amendment right to counsel attaches at the initiation of formal judicial proceedings such as indictment, arraignment, or preliminary hearing.
Double jeopardy bars a second prosecution for the same offense after acquittal. Under Blockburger v. United States, two offenses are the 'same offense' when:
Answer: Neither offense requires proof of an element not required by the other
Under the Blockburger test, two offenses are the same if each does not require proof of a fact that the other does not.