TN Bar Tennessee Criminal Law and Procedure 3

Question 1

Under Tennessee law, theft is graded based on the value of the property stolen. Theft of property valued between $1,000 and $2,500 is classified as:

Accepted Answer

Class E felony

Answer

Under T.C.A. § 39-14-105, theft of property valued between $1,000 and $2,500 constitutes a Class E felony in Tennessee.

Question 2

Tennessee's implied consent law provides that a driver who refuses a chemical sobriety test after a DUI arrest will:

Accepted Answer

Have their license revoked for one year for a first refusal

Answer

Under T.C.A. § 55-10-406, a first refusal to submit to a chemical test results in a one-year license revocation under Tennessee's implied consent law.

Question 3

In Tennessee, consecutive sentencing for multiple convictions is governed by T.C.A. § 40-35-115. Which of the following justifies consecutive sentences?

Accepted Answer

Defendant is a dangerous offender whose behavior indicates little or no regard for human life

Answer

T.C.A. § 40-35-115 authorizes consecutive sentencing when a defendant is a dangerous offender whose conduct shows little regard for human life and no hesitation about endangering others.

Question 4

Under Tennessee Rule of Criminal Procedure 11, before accepting a guilty plea, the court must ensure the defendant understands all of the following EXCEPT:

Accepted Answer

The identity of the prosecutor handling the case

Answer

Rule 11 requires the court to advise defendants of rights being waived and consequences of the plea, but does not require disclosure of the specific prosecutor's identity.

Question 5

Tennessee's habitual offender statute enhances penalties when a defendant has prior convictions for certain offenses. Which category of priors is most commonly used for habitual drug offender enhancement?

Accepted Answer

Prior felony drug convictions

Answer

Tennessee's habitual drug offender enhancement under T.C.A. § 39-17-432 is triggered by prior felony drug convictions, significantly increasing mandatory minimum sentences.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Criminal Law and Procedure 3