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
...ractice, but the 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...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ent beyond a reasonable doubt. Identify the charged offense, required mens rea, actus reus, causation, grading, defenses, and any sentencing consequence. Common law criminal doctrine, Model Penal Code offense principles...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...conspiracy to commit 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 approa...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02, Model Penal Code 5.03
...insanity differs from competency to stand trial and from a failure of mens rea. This essay tests the major insanity formulations and the distinction among insanity, mens...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
...ractice, but the 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...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
...who had stepped out of a nearby store. The friends continued running, reached their car two blocks away, and drove off. Ten minutes later, while still speeding away from police, the driver ran a red light and struck anot...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...During the robbery, one conspirator 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...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A buyer falsely told a boat owner, "My cashier's check has already cleared, and my bank confirmed the funds," knowing the check was fake. Relying on that statement, the owner signed over the boat title and handed the buy...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
A defendant punched a victim intending to break the victim's jaw. The victim fell, struck his head, and died. Prosecutors seek felony murder using aggravated assault as the predicate felony. Which statement best describe...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
A defendant stabbed a victim, creating a life-threatening wound. At the hospital, a doctor negligently delayed surgery, and the victim died. Medical experts say the stab wound started the fatal process, but prompt surger...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A nonprofit treasurer had authority to hold donation checks in the nonprofit's bank account and pay approved expenses. The treasurer transferred $6,000 of donation money to his personal account and used it for a vacation...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.8
A pickpocket reached into a tourist's coat pocket intending to steal a wallet. The pocket was empty, and police arrested the pickpocket as his hand came out. Which statement best describes the pickpocket's factual-imposs...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
Detectives read Miranda warnings to a suspect in custody. The suspect said he understood each warning but refused to sign the waiver form. The detectives asked questions, and the suspect answered voluntarily for 20 minut...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Berghuis v. Thompkins, Miranda v. Arizona
...rrested for armed robbery and taken to an interview room. A detective read the full Miranda warnings from a card. Nina said she understood. When asked whether she would talk, Nina shrugged and said, "I guess so." She the...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Edwards v. Arizona, Davis v. United States, Michigan v. Mosley, Berghuis v. Thompkins
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