KS Bar Criminal Law and Procedure 5

Question 1

Under Kansas law, first-degree murder includes which of the following?

Accepted Answer

Killing with premeditation and deliberation, or felony murder during specified inherently dangerous felonies

Answer

Kansas first-degree murder includes premeditated and deliberate killings and felony murder committed during certain enumerated inherently dangerous felonies.

Question 2

Which of the following is the correct standard for reviewing a Fourth Amendment search and seizure claim?

Accepted Answer

Whether the search was reasonable under the totality of the circumstances

Answer

Fourth Amendment reasonableness is evaluated under the totality of the circumstances using an objective standard.

Question 3

The crime of conspiracy in Kansas requires:

Accepted Answer

An agreement between two or more persons to commit a crime plus an overt act in furtherance

Answer

Kansas conspiracy requires an agreement between two or more persons to commit an unlawful act and an overt act by any conspirator in furtherance of the agreement.

Question 4

A suspect invokes the right to counsel during a custodial interrogation. What must police do?

Accepted Answer

Cease all questioning until counsel is present or the suspect reinitiates communication

Answer

Under Edwards v. Arizona, once a suspect invokes the right to counsel, all questioning must cease until counsel is present or the suspect voluntarily reinitiates communication.

Question 5

In Kansas, the affirmative defense of duress requires the defendant to show:

Accepted Answer

An imminent threat of death or serious bodily harm that a reasonable person could not resist

Answer

Duress in Kansas requires proof of an imminent threat of death or serious bodily harm that would cause a reasonable person to act as the defendant did.

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Criminal Law and Procedure 5