Illinois Criminal Law and Procedure
Final Exam Questions Fully Solved
2025.
Search & Seizure Model Answer Steps - Answer Step One: Governmental Conduct?
Step Two: Reasonably Expectation of Privacy?
Step Three: Did the police have a valid search warrant?
- probably cause and particularity
- "No Knock" entry
Step Four: If the warrant is not valid, does an officer's good faith reliance defense save the
defective search warrant?
Step Five: If a warrant is invalid and cannot be saved by the good faith defense or if the police
never had any warrant at all, then you move to last step: Exceptions to the Warrant
Requirement
Totality of circumstances test is used in: - Answer 1) Judging credibility of informants
2) reasonable suspicion for Terry stops
3) Miranda waivers
Harmless Error Test used in: - Answer 1) Exclusionary Rule and improperly admitted evidence
at trial
2) Prosecutorial comments on defendant's silence at trial
Sources of Criminal Law - Answer Illinois has abolished common law crimes
Felmony - Answer an offense for which a sentence to death or to a term of imprisonment in a
penitentiary for one year or more may be imposed
Misdemeanor - Answer an offense for which a sentence to a term of imprisonment in a place
other than in a penitentiary for less than one year may be imposed
Conviction for Conspiracy and Attempt - Answer In IL, there is no bar against multiple
convictions for the inchoate offense of conspiracy and attempt, so long as the act in furtherance
, Conviction for Conspiracy and Solicitation - Answer Under IL law, conspiracy and solicitation
are separate offenses, and neither is a lesser included offense of the other. Thus, one may be
convicted of both conspiracy and solicitation
Omission as an "Act" - Answer Caylee's Law - a felony for parent or legal guardian under age of
13 to fail to report that child's death or disappearance
Possession as an "Act" - Answer Possession is a voluntary act if the offender knowingly
procured or received the thing possessed, or was aware of his control thereof for a sufficient
time to have been able to terminate his possession.
Illinois Analysis of Fault - Answer A material element of every offense is a voluntary act, which
includes an omission to perform a duty that is imposed by law and is physically capable of being
performed. If the statute defining an offense prescribed a particular mental state with respect
to the offense as a whole, without distinguishing among the elements thereof, the prescribed
mental state applies to each element. If the state does not prescribe to a particular mental state
applicable to an element of an offense, any mental state defined below is applicable
Intentionally, Knowingly, Recklessly, and Negligently - Answer By statute, Illinois defines
criminal mental states in a manner very similar to those used in the Model Penal Code (MPC),
except that "purposely" under the MPC is labeled as "intentionally" in Illinois
Parties to a Crime - Answer The distinction between principals and accessories was abolished
only as to accessories before the fact. In Illinois, when persons engage in a common criminal
design or agreement, any acts in furtherance of that common design committed by one party
are considered to be the acts of all parties to the common design or agreements, and all parties
are equally responsible for the consequences of those further acts. Thus, an accomplice can be
convicted of the same crime as the principal under an accountability theory called the "common
criminal design rule."
Exclusions from Liability - Answer Compulsion (duress) is available as a defense to accomplice
liability
Defenses to Solicitation - Answer If the criminal object were achieved, the accused would not
be guilty of an offense
Elements of Conspiracy - Answer A person commits conspiracy when, with intent that an
offense be committed, he agrees with another to the commission of that offense. Illinois
Final Exam Questions Fully Solved
2025.
Search & Seizure Model Answer Steps - Answer Step One: Governmental Conduct?
Step Two: Reasonably Expectation of Privacy?
Step Three: Did the police have a valid search warrant?
- probably cause and particularity
- "No Knock" entry
Step Four: If the warrant is not valid, does an officer's good faith reliance defense save the
defective search warrant?
Step Five: If a warrant is invalid and cannot be saved by the good faith defense or if the police
never had any warrant at all, then you move to last step: Exceptions to the Warrant
Requirement
Totality of circumstances test is used in: - Answer 1) Judging credibility of informants
2) reasonable suspicion for Terry stops
3) Miranda waivers
Harmless Error Test used in: - Answer 1) Exclusionary Rule and improperly admitted evidence
at trial
2) Prosecutorial comments on defendant's silence at trial
Sources of Criminal Law - Answer Illinois has abolished common law crimes
Felmony - Answer an offense for which a sentence to death or to a term of imprisonment in a
penitentiary for one year or more may be imposed
Misdemeanor - Answer an offense for which a sentence to a term of imprisonment in a place
other than in a penitentiary for less than one year may be imposed
Conviction for Conspiracy and Attempt - Answer In IL, there is no bar against multiple
convictions for the inchoate offense of conspiracy and attempt, so long as the act in furtherance
, Conviction for Conspiracy and Solicitation - Answer Under IL law, conspiracy and solicitation
are separate offenses, and neither is a lesser included offense of the other. Thus, one may be
convicted of both conspiracy and solicitation
Omission as an "Act" - Answer Caylee's Law - a felony for parent or legal guardian under age of
13 to fail to report that child's death or disappearance
Possession as an "Act" - Answer Possession is a voluntary act if the offender knowingly
procured or received the thing possessed, or was aware of his control thereof for a sufficient
time to have been able to terminate his possession.
Illinois Analysis of Fault - Answer A material element of every offense is a voluntary act, which
includes an omission to perform a duty that is imposed by law and is physically capable of being
performed. If the statute defining an offense prescribed a particular mental state with respect
to the offense as a whole, without distinguishing among the elements thereof, the prescribed
mental state applies to each element. If the state does not prescribe to a particular mental state
applicable to an element of an offense, any mental state defined below is applicable
Intentionally, Knowingly, Recklessly, and Negligently - Answer By statute, Illinois defines
criminal mental states in a manner very similar to those used in the Model Penal Code (MPC),
except that "purposely" under the MPC is labeled as "intentionally" in Illinois
Parties to a Crime - Answer The distinction between principals and accessories was abolished
only as to accessories before the fact. In Illinois, when persons engage in a common criminal
design or agreement, any acts in furtherance of that common design committed by one party
are considered to be the acts of all parties to the common design or agreements, and all parties
are equally responsible for the consequences of those further acts. Thus, an accomplice can be
convicted of the same crime as the principal under an accountability theory called the "common
criminal design rule."
Exclusions from Liability - Answer Compulsion (duress) is available as a defense to accomplice
liability
Defenses to Solicitation - Answer If the criminal object were achieved, the accused would not
be guilty of an offense
Elements of Conspiracy - Answer A person commits conspiracy when, with intent that an
offense be committed, he agrees with another to the commission of that offense. Illinois
