PA Bar Criminal Law and Procedure 3

Question 1

Under Pennsylvania law, voluntary manslaughter differs from murder primarily because the defendant acts:

Accepted Answer

Under a sudden and intense passion resulting from serious provocation

Answer

Pennsylvania's voluntary manslaughter statute, 18 Pa. C.S. § 2503, applies when the defendant kills under a sudden and intense passion resulting from serious provocation by the victim or a third party.

Question 2

Pennsylvania recognizes which of the following as a complete defense to a criminal charge based on law enforcement inducement?

Accepted Answer

Entrapment

Answer

Entrapment under 18 Pa. C.S. § 313 is an affirmative defense available when law enforcement induced the defendant to commit an offense that they would not otherwise have been predisposed to commit.

Question 3

Under 42 Pa. C.S. § 9711, the death penalty in Pennsylvania can only be imposed when the jury unanimously finds:

Accepted Answer

At least one statutory aggravating circumstance that outweighs any mitigating circumstances

Answer

Pennsylvania's death penalty statute requires the jury to unanimously find at least one enumerated aggravating circumstance and unanimously determine that it outweighs any mitigating circumstances before imposing a death sentence.

Question 4

Under Pennsylvania law, which type of search generally requires law enforcement to obtain a warrant supported by probable cause?

Accepted Answer

A search of a home

Answer

The Fourth Amendment and Article I, Section 8 of the Pennsylvania Constitution provide the greatest protection to the home, requiring a warrant based on probable cause before police may search a residence.

Question 5

Article I, Section 8 of the Pennsylvania Constitution provides broader search and seizure protection than the Fourth Amendment in what notable way?

Accepted Answer

Pennsylvania does not recognize the 'good faith' exception to the exclusionary rule

Answer

In Commonwealth v. Edmunds, the Pennsylvania Supreme Court held that Article I, Section 8 does not recognize the federal 'good faith' exception, so evidence obtained under a defective warrant is excluded in Pennsylvania even if police acted in good faith.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Criminal Law and Procedure 3