TN Bar Tennessee Criminal Law and Procedure

Question 1

Under Tennessee law, first degree murder requires proof of:

Accepted Answer

Premeditated and intentional killing or felony murder

Answer

Recklessness causing death

Answer

Knowing killing during the heat of passion

Answer

Negligent homicide with a deadly weapon

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?

Accepted Answer

90 days

Answer

60 days

Answer

120 days

Answer

180 days

Question 3

Tennessee classifies felonies into how many classes?

Accepted Answer

5 classes (A through E)

Answer

3 classes (A, B, C)

Answer

6 classes (A through F)

Answer

4 classes (A through D)

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:

Accepted Answer

72 hours

Answer

6 hours

Answer

12 hours

Answer

A reasonable time without a fixed deadline

Question 5

In Tennessee, voluntary manslaughter differs from second degree murder primarily because voluntary manslaughter involves:

Accepted Answer

Adequate provocation causing a sudden passion

Answer

A lesser intent to kill

Answer

Negligent rather than knowing conduct

Answer

Use of a non-deadly weapon

Question 6

Under Tennessee law, the affirmative defense of self-defense generally requires that the defendant reasonably believed force was necessary to:

Accepted Answer

Prevent imminent death or serious bodily injury

Answer

Prevent any possible harm

Answer

Protect property from any trespass

Answer

Respond to any verbal threat