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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A shooting victim briefly saw the shooter's face under a streetlight before being wounded. At the hospital, doctors t...

...tal, doctors told police that the victim might need immediate surgery and might not survive. Police brought Sam, who had been stopped nearby with gunshot residue on his jacket, to the victim's hospital room. Sam was hand...

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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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A jewelry-store customer saw a thief grab a bracelet and run through a mall. Mall security, acting on its own before...

A jewelry-store customer saw a thief grab a bracelet and run through a mall. Mall security, acting on its own before police arrived, detained Caleb near an exit and brought the customer to a security office. Caleb sat al...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brathwaite

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A masked man robbed a convenience store at 11 p.m. The clerk saw the robber's eyes, build, jacket, and a distinctive...

...ence store at 11 p.m. The clerk saw the robber's eyes, build, jacket, and a distinctive scar on his neck for about 20 seconds under bright store lights. The clerk told police that the robber was about six feet tall, wore...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California, Kirby v. Illinois, Neil v. Biggers, Manson v. Brathwaite

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

A court finds that a police-arranged showup was suggestive and must decide whether the witness's identification was n...

A court finds that a police-arranged showup was suggestive and must decide whether the witness's identification was nevertheless reliable enough to admit. Which facts are most relevant to reliability? The best answer ide...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

Maria was charged with purse snatching. After charges were filed and counsel was appointed, detectives showed the vic...

Maria was charged with purse snatching. After charges were filed and counsel was appointed, detectives showed the victim a six-photo array without notifying Maria's lawyer. All six photos showed women of similar age and...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Ash, Simmons v. United States, Neil v. Biggers, Manson v. Brathwaite, Perry v. New Hampshire

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Police showed a robbery victim a single photograph of the defendant and said, "This is the man we arrested for the ro...

Police showed a robbery victim a single photograph of the defendant and said, "This is the man we arrested for the robbery." The victim identified the defendant. The defendant moves to suppress on due process grounds. Wh...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite, Perry v. New Hampshire

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

After indictment, police conducted a live lineup without notifying defense counsel. The witness identified the defend...

...ssue? The best answer states the independent-source rule for in-court identifications after an invalid lineup. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Police required a suspect in a voice lineup to repeat the phrase used by a robber during the crime so a witness could...

...t rule for compelled voice exemplars. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade

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Question Criminal Law and Procedure | Theft and Property Crimes | MULTIPLE_CHOICE Medium

A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, te...

A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, terrified, opened the register, and the defendant took the cash. Which statement best describes robbery?...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

After a defendant was indicted and counsel was appointed, police showed the victim a six-photo array that included th...

After a defendant was indicted and counsel was appointed, police showed the victim a six-photo array that included the defendant's photograph. Defense counsel was not notified. Which statement best describes the Sixth Am...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Ash, Simmons v. United States

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

After a defendant was indicted for robbery and counsel was appointed, police placed him in a live lineup with five fi...

...t answer states the Sixth Amendment counsel rule for post-charge live lineups. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Before contacting police, a robbery victim searched social media on her own and found the defendant's public profile....

...contacting police, a robbery victim searched social media on her own and found the defendant's public profile. She later told police that the profile photo showed the robber. The defendant moves to suppress the identifi...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Five minutes after a street robbery, police detained a suspect one block away and brought the victim to view him whil...

...utes after a street robbery, police detained a suspect one block away and brought the victim to view him while officers continued searching for a weapon and possible accomplice. The victim identified the suspect. Which s...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

Jon was charged with extortion after the victim received a late-night phone call demanding money. The caller repeated...

...d with extortion after the victim received a late-night phone call demanding money. The caller repeatedly said, "Bring the envelope to Pier 9." The victim heard the caller for about three minutes and later described the...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, U.S. Const. amend. VI, United States v. Wade, United States v. Dionisio, Neil v. Biggers, Manson v. Brathwaite

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Question Criminal Law and Procedure | Search and Seizure | ESSAY Hard

Officer Chen stopped Dana for speeding. During the stop, Chen smelled burnt marijuana coming from the car and saw a s...

...ng. During the stop, Chen smelled burnt marijuana coming from the car and saw a small bag of white powder on the passenger seat. Chen ordered Dana out of the car, arrested her for driving with a suspended license after a...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, California v. Acevedo, United States v. Ross, Riley v. California, South Dakota v. Opperman

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Question Criminal Law and Procedure | Inchoate Offenses | ESSAY Hard

A defendant asked a courier to deliver illegal drugs to a buyer, saying, "Take this package across town and sell it f...

...iver illegal drugs to a buyer, saying, "Take this package across town and sell it for me." The courier agreed. The defendant then drove the courier to the buyer's apartment and waited outside while the courier completed...

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

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Medium

A defendant sent a text to an acquaintance saying, "Burn my competitor's delivery truck tonight and I will pay you $2...

...an acquaintance saying, "Burn my competitor's delivery truck tonight and I will pay you $2,000." The acquaintance immediately refused and called police. Which statement best describes solicitation? The best answer state...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

After formal charges were filed, police conducted a live lineup without notifying defense counsel. The lineup violate...

...he prosecution still wants to use the witness's lineup identification and in-court identification. Which remedy is most likely? The best answer states the usual remedy for a Sixth Amendment lineup violation. NCBE NextGen...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Before any charges were filed, police placed a robbery suspect in a live lineup. The suspect had not yet appeared bef...

...ect in a live lineup. The suspect had not yet appeared before a judge and no indictment or information had been filed. No lawyer was present. Which statement is most accurate? The best answer separates Sixth Amendment at...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Kirby v. Illinois, Neil v. Biggers

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Question Criminal Law and Procedure | Substantive Crimes | ESSAY Medium

The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A part...

...ffense after disputed facts raised questions about intent, causation, and grading. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting...

Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada,...

...k subpoenaed Jada, who would testify that she saw another man drop a handgun and delivery bag in an alley two blocks away minutes after the robbery. Jada appeared at trial, but the judge excluded her testimony because Ma...

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

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Question Criminal Law and Procedure | Confessions and Miranda | ESSAY Hard

Police responded to a shooting in a crowded subway station. Witnesses pointed to Omar, who was running toward an exit...

...ay station. Witnesses pointed to Omar, who was running toward an exit and appeared to be holding his waistband. Officers tackled and handcuffed Omar. Without giving Miranda warnings, an officer asked, "Where is the gun?"...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, New York v. Quarles, Pennsylvania v. Muniz, Rhode Island v. Innis

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Question Criminal Law and Procedure | Constitutional Procedure | ESSAY Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...arguments for each side, state the controlling rule for criminal law and procedure: Constitutional Procedure, apply it to the material facts, and explain the likely remedy or consequence. This essay tests criminal law a...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Medium

A defendant solicited a friend to burn a car, took a substantial step toward helping, agreed with the friend to do it...

...k a substantial step toward helping, agreed with the friend to do it, and then the friend actually burned the car. Prosecutors charge solicitation, attempt, conspiracy, and the completed arson. Which statement best descr...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.05

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