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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. One argument was preserved,...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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 | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no find...

During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no findings and did not consider alternatives, stating only, "This will be easier for the witness." Which stat...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Waller v. Georgia

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Question Criminal Law and Procedure | Constitutional Procedure | ESSAY Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The key event occurred after...

...the strongest 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 c...

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 | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The moving party has the bur...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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 | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The record contains both wri...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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 | Constitutional Procedure | ESSAY Hard

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The requested remedy would p...

...the strongest 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 c...

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 | Defenses | MULTIPLE_CHOICE Medium

A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but...

A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but the hiker had read a private travel website stating that visitors could keep small finds. The hiker too...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Serena, a licensed nurse with no criminal record, volunteered at a clinic. An undercover officer posing as a patient...

Serena, a licensed nurse with no criminal record, volunteered at a clinic. An undercover officer posing as a patient repeatedly told Serena that his child was in severe pain and that no doctor would help. Serena refused...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13, Model Penal Code 3.06

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by...

...tutional speedy-trial balancing test. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo

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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...

...he role of ordinary trial safeguards. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brat...

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...

A masked man robbed a convenience 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 robb...

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 | Confessions and Miranda | MULTIPLE_CHOICE Medium

After receiving and waiving Miranda rights, a suspect answered questions for several minutes. He then said, "Maybe I...

...-invocation rule for Miranda counsel. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Davis v. United States, Miranda v. Arizona

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Davis v. United States, Miranda v. Arizona

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

Detectives read Miranda warnings to a suspect in custody. The suspect said he understood each warning but refused to...

...aiver rule after understood warnings. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Berghuis v. Thompkins, Miranda v. Arizona

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Berghuis v. Thompkins, Miranda v. Arizona

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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,...

Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada, who would testify that she saw another man drop a handgun and delivery bag in an alley two blocks aw...

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 | Search and Seizure | MULTIPLE_CHOICE Medium

Officers lawfully entered a house with a warrant to search for a stolen television. While walking through the living...

...elements of the plain-view doctrine. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California

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

Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give...

Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give Miranda warnings because, as he later wrote in a training memo, "It is easier to get the first admis...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Oregon v. Elstad, Missouri v. Seibert, United States v. Patane, Harris v. New York, Mincey v. Arizona

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

Police chased an armed robbery suspect into a crowded supermarket. They arrested him near the checkout lanes and saw...

...o an immediate gun-location question. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Hard

The requested consequence depends on facts that are disputed or only partly documented. A party invokes an equitable...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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 | Right to Counsel and Trial Rights | ESSAY Hard

Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor...

Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor was still in the apartment. Crying and whispering, she told the operator, "He is in the kitchen with...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California

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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...

...ctors for suggestive identifications. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite

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 | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant charged with assault wants to call an eyewitness who would testify that someone else threw the punch. The...

...excluding material defense witnesses. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant convicted of robbery argues that trial counsel was ineffective for failing to interview a known alibi wit...

...nary ineffective-assistance standard. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant is charged with a misdemeanor punishable by up to one year in jail. The judge denies the defendant's requ...

...the Sixth Amendment jury-trial right. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Duncan v. Louisiana, Blanton v. City of North Las Vegas

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Duncan v. Louisiana, Blanton v. City of North Las Vegas

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question h...

...the Sixth Amendment right to counsel. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Texas v. Cobb

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Texas v. Cobb

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