LLM Criminal Law & Procedure 4

Question 1

Under the inevitable discovery doctrine, unlawfully obtained evidence is admissible if:

Accepted Answer

The evidence would have been discovered through independent lawful means

Answer

Nix v. Williams held that the exclusionary rule does not bar evidence that the prosecution can prove would inevitably have been discovered through lawful investigative procedures.

Question 2

The entrapment defense (federal subjective test) focuses primarily on:

Accepted Answer

Whether the defendant had a predisposition to commit the offense before government inducement

Answer

Under the federal subjective test, entrapment exists only if the government induced the crime and the defendant lacked predisposition to commit it prior to government contact.

Question 3

Which element distinguishes first-degree murder from second-degree murder in most U.S. jurisdictions?

Accepted Answer

Premeditation and deliberation

Answer

First-degree murder typically requires proof of premeditation and deliberation—a prior formed intent to kill—whereas second-degree murder involves intentional killing without those elements.

Question 4

Which Fourth Amendment doctrine permits officers who lawfully arrest a person to search the area within the arrestee's immediate control without a warrant?

Accepted Answer

Chimel search incident to arrest

Answer

Chimel v. California authorizes a warrantless search of the area within the arrestee's immediate reach to protect officer safety and prevent destruction of evidence.

Question 5

A defendant charged under the Racketeer Influenced and Corrupt Organizations Act (RICO) must be shown to have committed at least how many predicate acts within a ten-year period?

Accepted Answer

Two

Answer

18 U.S.C. § 1961(5) defines a 'pattern of racketeering activity' as at least two predicate acts within ten years, showing continuity of criminal activity.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Criminal Law & Procedure 4