TN Bar Tennessee Criminal Law and Procedure 2 — Questions and Answers
Question 1: Tennessee's exclusionary rule for illegally obtained evidence is grounded in both the Fourth Amendment and:
- Tennessee Code Annotated § 40-6-108
- Article I, Section 7 of the Tennessee Constitution (Correct answer)
- Tennessee Rule of Evidence 403
- The Tennessee Uniform Rules of Evidence Act
Correct 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.
Question 2: 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?
- 5 days
- 10 days (Correct answer)
- 15 days
- 30 days
Correct 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.
Question 3: In Tennessee, aggravated assault is generally elevated from simple assault when the assault:
- Involves any physical contact
- Involves a deadly weapon or causes serious bodily injury (Correct answer)
- Occurs between strangers
- Is committed at night
Correct 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.
Question 4: Tennessee's 'Castle Doctrine' under T.C.A. § 39-11-611 removes the duty to retreat when a person is:
- In any public place
- In their dwelling, residence, or vehicle (Correct answer)
- Facing any threat of force
- Defending a third party
Correct 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.
Question 5: Under Tennessee sentencing guidelines, which factor is considered an enhancement to a defendant's sentence?
- No prior criminal record
- The defendant's minor role in the offense
- The victim was particularly vulnerable due to age or disability (Correct answer)
- The offense was committed negligently
Correct 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.
Question 6: In Tennessee, a Grand Jury indictment is constitutionally required for prosecution of which offenses?
- All criminal offenses
- All felonies (Correct answer)
- Only capital offenses
- Offenses punishable by more than 6 months imprisonment
Correct answer: All felonies
Article I, Section 14 of the Tennessee Constitution requires grand jury indictment for all felony prosecutions in Tennessee.
TN Bar Tennessee Criminal Law and Procedure 2
Tennessee's exclusionary rule for illegally obtained evidence is grounded in both the Fourth Amendment and: