...ster, and the defendant took the cash. Which statement best describes robbery? The best answer 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
Two people conspired to rob a warehouse at night. 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 a...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
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 away...
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
...jewelry store the next week. One bought gloves and a pry bar for the robbery. Police arrested both before they went to the store. Which statement best describes conspiracy liability? The best answer states the basic con...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
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 admissio...
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
Police chased an armed robbery suspect into a crowded supermarket. They arrested him near the checkout lanes and saw that his shoulder holster was empty. Without giving Miranda warnings, an officer asked, "Where is the g...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles
A defendant convicted of robbery argues that trial counsel was ineffective for failing to interview a known alibi witness and for making no strategic explanation for that failure. Which statement best describes the ordin...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington
After a defendant was indicted and appointed counsel for robbery, police placed a paid informant in his cell. The informant was instructed to get the defendant to talk about the robbery. The defendant admitted committing...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States
After a defendant was indicted for robbery and counsel was appointed, police placed him in a live lineup with five fillers. Counsel was not notified and no waiver was obtained. The victim identified the defendant. Which...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
At a robbery trial, prosecutors offer a written police-station statement by a witness who has disappeared. The statement describes past events and identifies the defendant. The defendant never had a chance to cross-exami...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington
Before any charges were filed, police placed a robbery suspect 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...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Kirby v. Illinois, Neil v. Biggers
Before 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 id...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire
Five minutes 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...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers
Nina was arrested 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...
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
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
...ore he handed over the note. Which statement best describes attempted robbery? The best answer states the basic attempt rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
...the others, "I am out, and I will not help." The others committed the robbery a week later without him. Which statement best describes the effect of withdrawal? The best answer states the usual effect of withdrawal from...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
...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
...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
...ook the laptop and left. Analyze the shopper's liability for larceny, robbery, and burglary, including the timing of force, breaking, entry, dwelling, nighttime, and intent at entry. This essay tests robbery, force timin...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
...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
...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
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