KS Bar Criminal Law and Procedure 3 — Questions and Answers
Question 1: In Kansas, the crime of battery requires:
- Intentional harmful or offensive contact with another person (Correct answer)
- Only the apprehension of imminent contact
- Use of a deadly weapon
- Premeditation and deliberation
Correct answer: Intentional harmful or offensive contact with another person
Kansas battery is intentionally causing bodily harm or offensive physical contact with another person.
Question 2: Which of the following statements about accomplice liability is CORRECT?
- An accomplice must be physically present at the crime scene
- An accomplice can be convicted even if the principal is acquitted (Correct answer)
- An accomplice must have committed an overt act during the crime
- An accomplice liability requires proof of conspiracy
Correct answer: An accomplice can be convicted even if the principal is acquitted
An accomplice may be convicted regardless of the principal's acquittal because each person's guilt is determined individually.
Question 3: Under the exclusionary rule, which of the following is an exception that allows illegally obtained evidence to be admitted?
- The defendant was represented by counsel at the time of the search
- The evidence would have been inevitably discovered by lawful means (Correct answer)
- The police had reasonable suspicion, even without probable cause
- The search was conducted in good faith without a warrant
Correct answer: The evidence would have been inevitably discovered by lawful means
The inevitable discovery doctrine allows admission of unlawfully obtained evidence if the prosecution proves it would have been found through lawful means.
Question 4: In a Kansas criminal trial, which standard applies to affirmative defenses such as self-defense?
- The defendant must prove the defense beyond a reasonable doubt
- The defendant must present sufficient evidence to raise the defense; the state then disproves it beyond a reasonable doubt (Correct answer)
- The state has no burden once the defendant raises an affirmative defense
- The jury must find the defense more likely than not
Correct answer: The defendant must present sufficient evidence to raise the defense; the state then disproves it beyond a reasonable doubt
In Kansas, once a defendant produces sufficient evidence to raise a defense like self-defense, the prosecution must disprove it beyond a reasonable doubt.
Question 5: A warrantless search of a car is permissible under the automobile exception when:
- The car is parked in a private driveway
- Police have probable cause to believe it contains contraband or evidence of a crime (Correct answer)
- The driver is in custody
- The vehicle is impounded by police
Correct answer: Police have probable cause to believe it contains contraband or evidence of a crime
The automobile exception permits a warrantless search of any part of the vehicle where contraband or evidence might be found when police have probable cause.
Question 6: Which of the following is required to establish a valid claim of entrapment under Kansas law?
- Police acted wrongfully in any way during the investigation
- The defendant was not predisposed to commit the crime and was induced by the government (Correct answer)
- A confidential informant was used to make contact with the defendant
- The defendant had no prior criminal record
Correct answer: The defendant was not predisposed to commit the crime and was induced by the government
Kansas entrapment requires showing government inducement and that the defendant was not predisposed to commit the crime prior to the government's contact.
Question 7: Under the Sixth Amendment's Confrontation Clause, testimonial hearsay by an unavailable declarant is admissible only if:
- The statement was made under oath
- The defendant had a prior opportunity to cross-examine the declarant (Correct answer)
- The statement falls within a firmly rooted hearsay exception
- The statement was made to a private citizen rather than police
Correct answer: The defendant had a prior opportunity to cross-examine the declarant
Under Crawford v. Washington, testimonial hearsay is admissible only if the defendant had a prior opportunity to cross-examine the now-unavailable declarant.
KS Bar Criminal Law and Procedure 3
In Kansas, the crime of battery requires: