TN Bar Tennessee Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Tennessee law, first degree murder requires proof of:
- Recklessness causing death
- Premeditated and intentional killing or felony murder (Correct answer)
- Knowing killing during the heat of passion
- Negligent homicide with a deadly weapon
Correct answer: Premeditated and intentional killing or felony murder
Tennessee Code Annotated § 39-13-202 defines first degree murder as a premeditated and intentional killing or a killing committed during certain enumerated felonies.
Question 2: In Tennessee, a defendant's right to a speedy trial is protected under both the U.S. Constitution and Tennessee's own speedy trial statutes. Under T.C.A. § 40-14-101, the state must bring a defendant to trial within how long after indictment if the defendant is in jail?
- 60 days
- 90 days (Correct answer)
- 120 days
- 180 days
Correct answer: 90 days
Tennessee Code Annotated § 40-14-101 requires that a defendant held in jail be brought to trial within 90 days of indictment or the charge may be dismissed.
Question 3: Tennessee classifies felonies into how many classes?
- 3 classes (A, B, C)
- 5 classes (A through E) (Correct answer)
- 6 classes (A through F)
- 4 classes (A through D)
Correct answer: 5 classes (A through E)
Tennessee classifies felonies into five classes: Class A (most serious) through Class E (least serious), each carrying distinct sentencing ranges.
Question 4: Under Tennessee Rule of Criminal Procedure 5, a person arrested without a warrant must be taken before a magistrate for an initial appearance within:
- 6 hours
- 12 hours
- 72 hours (Correct answer)
- A reasonable time without a fixed deadline
Correct answer: 72 hours
Tennessee Rule of Criminal Procedure 5 requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay, generally interpreted as within 72 hours.
Question 5: In Tennessee, voluntary manslaughter differs from second degree murder primarily because voluntary manslaughter involves:
- A lesser intent to kill
- Adequate provocation causing a sudden passion (Correct answer)
- Negligent rather than knowing conduct
- Use of a non-deadly weapon
Correct answer: Adequate provocation causing a sudden passion
Voluntary manslaughter under T.C.A. § 39-13-211 is a knowing killing committed because of adequate provocation causing a sudden passion, which reduces the crime from second degree murder.
Question 6: Under Tennessee law, the affirmative defense of self-defense generally requires that the defendant reasonably believed force was necessary to:
- Prevent any possible harm
- Prevent imminent death or serious bodily injury (Correct answer)
- Protect property from any trespass
- Respond to any verbal threat
Correct answer: Prevent imminent death or serious bodily injury
Tennessee's self-defense statute requires a reasonable belief that force was immediately necessary to protect against imminent death or serious bodily injury.
TN Bar Tennessee Criminal Law and Procedure 1
Under Tennessee law, first degree murder requires proof of: