TN Bar Tennessee Criminal Law and Procedure 1

Question 1

Under Tennessee law, first degree murder requires proof of:

Accepted Answer

Premeditated and intentional killing or felony murder

Answer

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?

Accepted Answer

90 days

Answer

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?

Accepted Answer

5 classes (A through E)

Answer

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:

Accepted Answer

72 hours

Answer

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:

Accepted Answer

Adequate provocation causing a sudden passion

Answer

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.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Criminal Law and Procedure 1