...k another motorist, killing her. Prosecutors charge both friends 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...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...m's jaw. The victim fell, struck his head, and died. Prosecutors seek felony murder using aggravated assault as the predicate felony. Which statement best describes a likely limitation on felony murder? The best answer s...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...did not mean for anyone to get hurt. Marcus is charged with arson and felony murder after a firefighter dies. He moves to suppress the station confession. Analyze custody, interrogation, Miranda warnings, remedy, and vol...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Rhode Island v. Innis, Dickerson v. United States, Colorado v. Connelly
...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 charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twice a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
Lena was arrested and charged with felony embezzlement carrying a maximum sentence of three years. Her trial began 26 months later. The first four months were caused by Lena's request to replace counsel. The next 14 mont...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas
...rom the blow. Which statement best describes the defendant's possible murder liability? The best answer recognizes serious-bodily-injury intent as a form of malice when death results. NCBE NextGen UBE Content Scope, Crim...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...der. The jurisdiction recognizes imperfect self-defense as a possible murder mitigation when the defendant honestly but unreasonably believes deadly force is necessary. Analyze the defendant's homicide liability for the...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3
...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
...estrian. Which statement best describes the theory that could support murder without intent to kill? The best answer states the mental state for depraved-heart murder. NCBE NextGen UBE Content Scope, Criminal Law, Model...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...supported if the conduct is reckless but not sufficiently extreme for murder? The best answer states the common reckless-killing basis for involuntary manslaughter. NCBE NextGen UBE Content Scope, Criminal Law, Model Pen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
...ven if the killing was intentional, the charge should be reduced from murder. Which statement best describes voluntary manslaughter mitigation? The best answer states the classic voluntary manslaughter mitigation rule. N...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
...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
...se. Analyze the driver's homicide liability, including depraved-heart murder, involuntary manslaughter, actual cause, proximate cause, and the effect of the surgeon's negligence. This essay tests depraved-heart murder, r...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...." The courier shot and killed the clerk. The courier is charged with murder and raises duress. Under the traditional common-law rule, which statement is most accurate? The best answer states the traditional common-law l...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09
...e grading under common-law and Model Penal Code approaches, including murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, provocation, and extreme emotional disturbance. This essay tests grading...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...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
...dispute and lit the neighbor's curtains on fire. The curtains burned completely, and flames charred part of a wooden window frame before sprinklers extinguished the fire. The apartment was in a building where the neighb...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
...he neighbor with a hammer, killing him. The defendant is charged with murder and raises insanity under the M'Naghten test. Which statement best describes the M'Naghten issue? The best answer states the cognitive M'Naghte...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
..., the trip to the office, and the deliberate firing of two shots show murder rather than manslaughter. Analyze the most serious homicide offense the owner is likely to face, including malice, deliberation, adequate provo...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.2, Model Penal Code 210.3
...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
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