MO Bar Criminal Law and Procedure 2

Question 1

In Missouri, what is the minimum age for a juvenile to be tried as an adult for a serious felony?

Accepted Answer

14

Answer

Under Missouri law, juveniles aged 12 and older can be certified to stand trial as adults for certain serious felony offenses.

Question 2

Which Fourth Amendment exception allows police to conduct a limited pat-down frisk based on reasonable suspicion of criminal activity and that the person is armed?

Accepted Answer

Terry stop and frisk

Answer

Terry v. Ohio permits an officer who has reasonable, articulable suspicion to briefly detain and pat-down a person's outer clothing for weapons.

Question 3

Under Missouri law, burglary in the first degree requires unlawful entry into a dwelling for what purpose?

Accepted Answer

To commit a felony or to steal

Answer

Missouri first-degree burglary requires unlawful entry of an inhabitable structure with the purpose to commit a crime therein, combined with additional aggravating factors.

Question 4

Which type of evidence is automatically excluded when obtained in violation of the Fourth Amendment?

Accepted Answer

Fruit of the poisonous tree

Answer

Under the exclusionary rule and fruit of the poisonous tree doctrine, evidence obtained as a direct or indirect result of a Fourth Amendment violation is inadmissible.

Question 5

The right to a speedy trial under the Sixth Amendment is evaluated using which balancing test?

Accepted Answer

Barker v. Wingo four-factor test

Answer

Barker v. Wingo established a four-factor balancing test: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Criminal Law and Procedure 2