Question
Criminal Law and Procedure | Inchoate Offenses | ESSAY
Hard
..., overt act, unilateral and bilateral conspiracy, and renunciation or withdrawal. This essay tests solicitation, conspiracy agreement, overt act, unilateral and bilateral conspiracy, and renunciation limits. NCBE NextGen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02, Model Penal Code 5.03
Question
Criminal Law and Procedure | Theft and Property Crimes | MULTIPLE_CHOICE
Medium
...r 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
Question
Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE
Medium
...week later without him. Which statement best describes the effect of withdrawal? The best answer states the usual effect of withdrawal from conspiracy. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Question
Criminal Law and Procedure | Inchoate Offenses | ESSAY
Hard
...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
Question
Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE
Medium
...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
Question
Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE
Medium
...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
Question
Criminal Law and Procedure | Defenses | MULTIPLE_CHOICE
Medium
...mer. Which statement is most accurate? The best answer recognizes the withdrawal rule for an initial aggressor facing continued deadly force. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04
Question
Criminal Law and Procedure | Theft and Property Crimes | ESSAY
Hard
...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
Question
Criminal Law and Procedure | Defenses | ESSAY
Hard
...alone." Victor continued advancing with the knife raised. Maya had a lawfully carried pistol in her purse. A driveway behind Maya was open, but it was dark, traffic was moving through the driveway, and Maya would have h...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04, Model Penal Code 3.05
Question
Criminal Law and Procedure | Substantive Crimes | ESSAY
Medium
...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
Question
Criminal Law and Procedure | Constitutional Procedure | ESSAY
Medium
...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 principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
Question
Criminal Law and Procedure | Inchoate Offenses | ESSAY
Hard
...'s liability for conspiracy and for the assault, including overt act, withdrawal, and co-conspirator liability for foreseeable substantive offenses. This essay tests conspiracy formation, overt act, co-conspirator substa...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Question
Criminal Law and Procedure | Homicide | ESSAY
Hard
...mer, and that the later traffic death occurred after the burglary was complete. Analyze the felony-murder charges for each death under common approaches, including qualifying felony, merger, agency and proximate-cause th...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
Question
Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE
Hard
...or 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 the driver's possible liability f...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
Question
Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY
Hard
...peared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he...
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
Question
Criminal Law and Procedure | Identification and Lineups | ESSAY
Hard
...duce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the shooting. Sam moves to suppress the identification evidence. Analyze the hospital showup, the later lineu...
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
Question
Criminal Law and Procedure | Search and Seizure | ESSAY
Hard
...s, plain view, and cell-phone limits. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, Cali...
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
Question
Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE
Medium
...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
Question
Criminal Law and Procedure | Confessions and Miranda | ESSAY
Hard
...ter helped prosecutors prove motive. Two hours later, detectives gave complete Miranda warnings, Omar signed a waiver form, and he repeated that he shot the victim over a debt. Omar moves to suppress each statement and t...
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