Criminal Law and Procedure Flashcards

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

Answer: 14

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

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?

Answer: Terry stop and frisk

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

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

Answer: To commit a felony or to steal

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

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

Answer: Fruit of the poisonous tree

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.

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

Answer: Barker v. Wingo four-factor test

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.

Under Missouri law, which standard of proof is required for the state to obtain a criminal conviction?

Answer: Beyond a reasonable doubt

The Due Process Clause requires the prosecution to prove every element of the charged crime beyond a reasonable doubt, the highest standard in law.