...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
...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
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
...possession of a firearm offers to stipulate that he had a qualifying felony conviction. The prosecution wants to prove instead that the prior felony was armed robbery with a pistol. Which statement is most accurate unde...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 403, Old Chief v. United States
...eral court with possessing a firearm after having been convicted of a felony. The prosecution must prove that Cal had a qualifying prior felony conviction. Cal offers to stipulate that, before the charged firearm possess...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 402, Fed. R. Evid. 403, Old Chief v. United States
In a federal murder trial, Defendant claims self-defense and calls two witnesses who testify that Victim had a reputation for violence. In rebuttal, the prosecutor offers testimony from Victim's pastor that Victim had a...
Citations: Fed. R. Evid. 404(a)(2)(B), Fed. R. Evid. 405(a)
In a murder trial, the prosecution offers 30 graphic autopsy photographs. The defendant concedes that the victim died from stab wounds, and the medical examiner can explain the wounds with two diagrams. The defendant obj...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 403
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
...ecutors later indicted Defendant E for using fire to commit a federal felony based on the same warehouse fire. Defendant E raises double jeopardy objections to the state retrial, the added state charge, the effect of the...
Citations: U.S. Const. amend. V, Blockburger v. United States, United States v. Perez, United States v. Dixon, Gamble v. United States
...hree prior matters. First, Defendant was convicted seven years ago of felony burglary and released from confinement six years ago. Second, Defendant was convicted twelve years ago of felony tax return fraud and released...
Citations: Fed. R. Evid. 609(a), Fed. R. Evid. 609(b), Fed. R. Evid. 403
...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
...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
...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
...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
...at the scene. The government seeks to impeach him with a six-year-old felony conviction for aggravated assault. The conviction did not involve dishonesty or a false statement. Defendant objects that the jury will misuse...
Citations: Fed. R. Evid. 609(a)(1)(B)
..., 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
...anager as a witness. Defendant seeks to impeach Former Manager with a felony embezzlement conviction entered 14 years ago. Former Manager was released from confinement 12 years ago. Defendant gave Plaintiff written notic...
Citations: Fed. R. Evid. 609(b)
...y." Victim died before trial. Jordan is charged in federal court with murder. Jordan objects to the paramedic's testimony about the statement. Which statement is most accurate? The correct answer applies Rule 804(b)(2)'s...
Citations: Fed. R. Evid. 804(b)(2)
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