KY Bar Criminal Law and Procedure 5

Question 1

A defendant points an unloaded gun at a victim, who believes it is loaded and fears immediate harm. At common law, the defendant is guilty of:

Accepted Answer

Assault, because he intentionally placed the victim in reasonable apprehension of imminent battery

Answer

Apprehension-type assault requires only that the defendant intentionally cause reasonable fear of imminent bodily harm, which an apparently loaded gun accomplishes.

Question 2

Police interrogate an un-Mirandized suspect who voluntarily confesses and reveals the location of a weapon. The confession is suppressed. Under United States v. Patane, the physical weapon is:

Accepted Answer

Admissible, because the fruit of an unwarned but voluntary statement is not suppressed

Answer

Patane holds that physical evidence derived from a voluntary but unwarned statement need not be suppressed, since Miranda protects only against admission of the statements themselves.

Question 3

In Kentucky, a 17-year-old is charged with a felony in which a firearm was used. Under KRS 635.020, the juvenile court:

Accepted Answer

Must transfer the case to circuit court for the juvenile to be tried as a youthful offender if statutory criteria are met

Answer

Kentucky law provides for transfer of juveniles charged with certain firearm felonies to circuit court to be proceeded against as youthful offenders.

Question 4

A defendant solicits a hit man, who is actually an undercover officer, to kill a business rival. The officer never intends to commit the murder. The defendant is guilty of:

Accepted Answer

Solicitation, because the crime is complete upon requesting another to commit the offense with intent that it occur

Answer

Solicitation is complete when the defendant asks another to commit a crime with the requisite intent, regardless of whether the person solicited agrees or is an undercover officer.

Question 5

At a suppression hearing, a defendant challenges a warrantless search of a friend's apartment where he was staying overnight. Under Minnesota v. Olson, the defendant:

Accepted Answer

Has standing, because an overnight guest has a legitimate expectation of privacy in the host's home

Answer

Olson holds that an overnight guest has a legitimate expectation of privacy in the host's residence and may challenge a search of it.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Criminal Law and Procedure 5