Robbery Victim testifies at Defendant's federal trial but says she is now uncertain whether Defendant was the robber. The prosecution offers evidence that, two days after the robbery, Victim picked Defendant out of a lin...
Citations: Fed. R. Evid. 801(d)(1)(C)
Defendant is charged with armed bank robbery. Accomplice, who has fled the country and cannot be found, told a close friend the day after the robbery, "I drove the getaway car and split the cash with Defendant." The defe...
Citations: Fed. R. Evid. 804(b)(3)
Defendant is tried in federal court for bank robbery and decides to testify that he was home during the robbery. The prosecutor seeks to impeach him with three prior matters. First, Defendant was convicted seven years ag...
Citations: Fed. R. Evid. 609(a), Fed. R. Evid. 609(b), Fed. R. Evid. 403
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
Police arrest a robbery suspect and take a smartphone from his pocket. Without a warrant, an officer opens the phone and searches text messages and photos for evidence of the robbery. Which statement is most accurate? Th...
Citations: U.S. Const. amend. IV, Riley v. California
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
Defendant is on trial in federal court for armed robbery and testifies that he was not present at the scene. The government seeks to impeach him with a six-year-old felony conviction for aggravated assault. The convictio...
Citations: Fed. R. Evid. 609(a)(1)(B)
...ndant is tried in federal court for killing Victim during a warehouse robbery. Victim and Accomplice are unavailable at trial. Victim died from the gunshot before trial. Accomplice refuses to testify despite a court orde...
Citations: Fed. R. Evid. 804(a), Fed. R. Evid. 804(b)(1), Fed. R. Evid. 804(b)(2), Fed. R. Evid. 804(b)(3)
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
In a robbery trial, the government offers testimony that, moments before Defendant ran from an alley, an unidentified voice shouted, "Hide the bag under the dumpster!" The government offers the words to explain why Defen...
Citations: Fed. R. Evid. 801(a), Fed. R. Evid. 801(c)
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
...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
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
...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
...ment offers three prior statements by Vega. First, one week after the robbery, Vega identified Defendant in a properly conducted photo array and signed a form stating, "That is the robber." Second, at a preliminary heari...
Citations: Fed. R. Evid. 801(d)(1)(A), Fed. R. Evid. 801(d)(1)(B), Fed. R. Evid. 801(d)(1)(C), Fed. R. Evid. 613
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