MO Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: In Missouri, what is the minimum age for a juvenile to be tried as an adult for a serious felony?
- 12
- 14 (Correct answer)
- 16
- 18
Correct answer: 14
Under Missouri law, juveniles aged 12 and older can be certified to stand trial as adults for certain serious felony offenses.
Question 2: Which Fourth Amendment exception allows police to conduct a limited pat-down frisk based on reasonable suspicion of criminal activity and that the person is armed?
- Search incident to arrest
- Terry stop and frisk (Correct answer)
- Automobile exception
- Consent search
Correct answer: Terry stop and frisk
Terry v. Ohio permits an officer who has reasonable, articulable suspicion to briefly detain and pat-down a person's outer clothing for weapons.
Question 3: Under Missouri law, burglary in the first degree requires unlawful entry into a dwelling for what purpose?
- To commit any crime
- To commit a felony or to steal (Correct answer)
- To commit theft only
- To commit a violent felony
Correct answer: To commit a felony or to steal
Missouri first-degree burglary requires unlawful entry of an inhabitable structure with the purpose to commit a crime therein, combined with additional aggravating factors.
Question 4: Which type of evidence is automatically excluded when obtained in violation of the Fourth Amendment?
- Hearsay evidence
- Privileged communications
- Fruit of the poisonous tree (Correct answer)
- Character evidence
Correct answer: Fruit of the poisonous tree
Under the exclusionary rule and fruit of the poisonous tree doctrine, evidence obtained as a direct or indirect result of a Fourth Amendment violation is inadmissible.
Question 5: The right to a speedy trial under the Sixth Amendment is evaluated using which balancing test?
- Miranda balancing test
- Barker v. Wingo four-factor test (Correct answer)
- Brady test
- Strickland test
Correct answer: Barker v. Wingo four-factor test
Barker v. Wingo established a four-factor balancing test: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.
Question 6: Under Missouri law, which standard of proof is required for the state to obtain a criminal conviction?
- Preponderance of the evidence
- Clear and convincing evidence
- Beyond a reasonable doubt (Correct answer)
- Probable cause
Correct answer: Beyond a reasonable doubt
The Due Process Clause requires the prosecution to prove every element of the charged crime beyond a reasonable doubt, the highest standard in law.
MO Bar Criminal Law and Procedure 2
In Missouri, what is the minimum age for a juvenile to be tried as an adult for a serious felony?