Criminal Law and Procedure Flashcards
7 cards from real KS BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law and Procedure flashcards as text
Under Kansas law, first-degree murder includes which of the following?
Answer: Killing with premeditation and deliberation, or felony murder during specified inherently dangerous felonies
Kansas first-degree murder includes premeditated and deliberate killings and felony murder committed during certain enumerated inherently dangerous felonies.
Which of the following is the correct standard for reviewing a Fourth Amendment search and seizure claim?
Answer: Whether the search was reasonable under the totality of the circumstances
Fourth Amendment reasonableness is evaluated under the totality of the circumstances using an objective standard.
The crime of conspiracy in Kansas requires:
Answer: An agreement between two or more persons to commit a crime plus an overt act in furtherance
Kansas conspiracy requires an agreement between two or more persons to commit an unlawful act and an overt act by any conspirator in furtherance of the agreement.
A suspect invokes the right to counsel during a custodial interrogation. What must police do?
Answer: Cease all questioning until counsel is present or the suspect reinitiates communication
Under Edwards v. Arizona, once a suspect invokes the right to counsel, all questioning must cease until counsel is present or the suspect voluntarily reinitiates communication.
In Kansas, the affirmative defense of duress requires the defendant to show:
Answer: An imminent threat of death or serious bodily harm that a reasonable person could not resist
Duress in Kansas requires proof of an imminent threat of death or serious bodily harm that would cause a reasonable person to act as the defendant did.
Which of the following best describes the 'independent source' exception to the exclusionary rule?
Answer: Evidence discovered through means independent of the constitutional violation is admissible
The independent source doctrine permits admission of evidence actually discovered through a lawful source wholly independent of any constitutional violation.
Which of the following statements about self-defense is correct under Kansas law?
Answer: Kansas is a stand-your-ground state allowing use of force without retreat when lawfully present
Kansas is a stand-your-ground state; a person lawfully present in a location has no duty to retreat before using force, including deadly force, if the elements of self-defense are met.