A defendant intentionally killed a victim and claims self-defense. The evidence shows the victim had raised a knife and was moving toward the defendant when the defendant fired. Which statement best describes the standar...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...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
...attery for shooting Leo. Analyze Maya's available defenses, including self-defense, initial-aggressor limits, any duty to retreat, and defense of others. This essay...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04, Model Penal Code 3.05
...stances, burglary of the storage shed, theft of the bolt cutters, and criminal mischief for damaging the gate and electrical box. Analyze Omar's possible defenses of duress and necessity, including any limits on those de...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09, Model Penal Code 3.02
...usly wounding the man. Which statement best describes the passenger's self-defense claim? The best answer states the usual deadly-force self-defense standard. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Cod...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04
...val transfers to the bystander. The jurisdiction recognizes imperfect self-defense as a possible murder mitigation when the defendant honestly but unreasonably believes deadly force is necessary. Analyze the defendant's...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3
...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
...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
...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
...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
...self-representation waiver standard. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California
...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
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
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
...r a Sixth Amendment lineup violation. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
...ntifications after an invalid lineup. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
...ressor 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
...it on duress for intentional killing. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09
...le-belief rule for defense of others. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.05
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.05
...orce used solely to protect property. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.06
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.06
...toxication in specific-intent crimes. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
...he common subjective entrapment test. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13
...can negate larceny's specific intent. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
...the cognitive M'Naghten formulation. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
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