Tennessee Criminal Law and Procedure Flashcards
6 cards from real TN BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Tennessee Criminal Law and Procedure flashcards as text
Tennessee's exclusionary rule for illegally obtained evidence is grounded in both the Fourth Amendment and:
Answer: Article I, Section 7 of the Tennessee Constitution
Article I, Section 7 of the Tennessee Constitution provides independent state protection against unreasonable searches and seizures, sometimes broader than the federal Fourth Amendment.
Under Tennessee Rule of Criminal Procedure 12.1, a defendant who intends to rely on an alibi defense must provide notice to the prosecution how long before trial?
Answer: 10 days
TRCRP 12.1 requires that a defendant provide notice of an alibi defense at least 10 days before trial unless the court sets a different time.
In Tennessee, aggravated assault is generally elevated from simple assault when the assault:
Answer: Involves a deadly weapon or causes serious bodily injury
Under T.C.A. § 39-13-102, assault is aggravated when it involves a deadly weapon or causes serious bodily injury to another.
Tennessee's 'Castle Doctrine' under T.C.A. § 39-11-611 removes the duty to retreat when a person is:
Answer: In their dwelling, residence, or vehicle
Tennessee's Castle Doctrine eliminates the duty to retreat when a person is in their dwelling, residence, or vehicle and reasonably believes force is necessary.
Under Tennessee sentencing guidelines, which factor is considered an enhancement to a defendant's sentence?
Answer: The victim was particularly vulnerable due to age or disability
Under T.C.A. § 40-35-114, a particularly vulnerable victim due to age, disability, or other factors is a statutory enhancement that can increase a defendant's sentence.
In Tennessee, a Grand Jury indictment is constitutionally required for prosecution of which offenses?
Answer: All felonies
Article I, Section 14 of the Tennessee Constitution requires grand jury indictment for all felony prosecutions in Tennessee.
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