TN Bar Tennessee Criminal Law and Procedure 2

Question 1

Tennessee's exclusionary rule for illegally obtained evidence is grounded in both the Fourth Amendment and:

Accepted Answer

Article I, Section 7 of the Tennessee Constitution

Answer

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?

Accepted Answer

10 days

Answer

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:

Accepted Answer

Involves a deadly weapon or causes serious bodily injury

Answer

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:

Accepted Answer

In their dwelling, residence, or vehicle

Answer

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?

Accepted Answer

The victim was particularly vulnerable due to age or disability

Answer

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.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Criminal Law and Procedure 2