...ghbor lived year-round. The tenant argues that he cannot be guilty of burglary because he had permission to enter and formed the intent to burn only after entering. He also argues that he cannot be guilty of common-law a...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
...iends with felony murder for both deaths. The defense argues that the burglary merges with the homicide, that the guard rather than a felon killed the customer, and that the later traffic death occurred after the burglar...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...r states the common-law robbery rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question him about an unrelated assault that occurred the next month and had not yet been charged. Which statemen...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Texas v. Cobb
A suspect was jailed while awaiting trial on a burglary charge. Police placed an undercover informant in the suspect's cell. The informant pretended to be another inmate and asked, "How did you get into the house?" The s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Illinois v. Perkins, Miranda v. Arizona
Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a paid informant in Damon's jail cell. Officers told the informant not to ask direct questions but to "s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States, Brewer v. Williams, Texas v. Cobb, Montejo v. Louisiana
Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until two days later, when he had his first appearance before a judge. Which statement best describes when the...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County
...courier to the buyer's apartment and waited outside while the courier completed the sale. Police arrested both as the courier returned to the car. Prosecutors charge the defendant with solicitation, attempt to distribute...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05
...door. Analyze whether the defendant is guilty of attempted larceny or burglary, including intent, substantial step, factual impossibility, and abandonment or renunciation. This essay tests attempt, substantial step, fact...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
...t describes solicitation? The best answer states when solicitation is complete. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
...he car. Prosecutors charge solicitation, attempt, conspiracy, and the completed arson. Which statement best describes ordinary merger principles? The best answer states the ordinary inchoate-offense merger rules. NCBE Ne...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.05
...with laptops. The next morning, a cousin who had not known about the burglary hid the burglar's backpack after the burglar said, "I robbed the school last night." Prosecutors charge the friend as an accomplice to burgla...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
...p and left. Analyze the shopper's liability for larceny, robbery, and burglary, including the timing of force, breaking, entry, dwelling, nighttime, and intent at entry. This essay tests robbery, force timing, common-law...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
...it arson. The store owner argues that there was no real agreement, no completed arson, and that he withdrew before any harm occurred. Analyze the solicitation and conspiracy charges under common approaches, including agr...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02, Model Penal Code 5.03
...e man swung the toolbox and struck the guard. The man is charged with burglary, larceny, and battery. Which statement best describes the possible effect of the man's voluntary intoxication? The best answer captures the l...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
...t before touching anything. Which statement best describes common-law burglary? The best answer states the common-law burglary rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
...ugh he still believed the compass was dangerous. Lane is charged with burglary, larceny, and property damage. Analyze Lane's potential insanity defense under the M'Naghten, irresistible-impulse, and Model Penal Code subs...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
..., Ian swung his elbow and broke the guard's nose. Ian is charged with burglary, larceny of the sculpture and laptop, and battery on the guard. Ian argues that he was too drunk to be guilty, that he honestly believed the...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
...was killed. Omar is charged with transporting controlled substances, burglary of the storage shed, theft of the bolt cutters, and criminal mischief for damaging the gate and electrical box. Analyze Omar's possible defen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09, Model Penal Code 3.02
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
...or tied up a guard, a step that was reasonably foreseeable and helped complete the robbery. The other conspirator waited several blocks away as the driver. Which statement best describes the driver's possible liability f...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...peared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
...duce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the shooting. Sam moves to suppress the identification evidence. Analyze the hospital showup, the later lineu...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers, Manson v. Brathwaite, United States v. Wade
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