Criminal Law and Procedure (Exam-level) Question Pack - Questions and Answers

1. A woman returned home from a weekend trip to discover her spouse in bed with a close friend. Overcome by rage, she grabbed a heavy lamp from the dresser and struck the friend repeatedly in the head, killing him. When police arrived, she immediately admitted the act and said, “I can’t believe they betrayed me like that.” She was charged with murder under a jurisdiction following common law categories of homicide.

At trial, the defense argued that the killing occurred in the heat of passion and asked for jury instructions on voluntary manslaughter. The prosecution countered that the act was intentional and that no adequate provocation existed, as the affair had not been concealed and the couple’s relationship was strained for weeks. The defense presented testimony that the woman had no prior knowledge of the affair and discovered it moments before the killing.

Which crimes should the jury be instructed on?

Murder and voluntary manslaughter
Murder and involuntary manslaughter
Voluntary manslaughter and involuntary manslaughter
Murder, voluntary manslaughter, and involuntary manslaughter

Correct Answer: A

Explanation: Under common law, voluntary manslaughter occurs when a defendant kills in the heat of passion caused by legally adequate provocation, before cooling off. Discovering a spouse in flagrante delicto has traditionally qualified. Because the evidence supports both intent and provocation, the jury should be instructed on murder and voluntary manslaughter—but not involuntary manslaughter, which involves reckless or negligent killings without intent.

Why the other options are incorrect
B involuntary manslaughter is unsupported—this was an intentional act.
C excludes murder, which must be considered.
D includes all three crimes, but there’s no factual basis for involuntary manslaughter.

2. Late one night, a man pulled a knife on a teenager walking home and demanded his phone and wallet. The teenager complied, and the man ran off down the alley. A second individual, standing nearby and unaware that a crime was about to occur, caught the stolen phone when the robber tossed it to him. He pocketed it and walked away. When police later reviewed security footage, both men were arrested and charged.

At trial, the second man testified that he had not expected the phone to be thrown to him and that he had not participated in the robbery. The prosecutor argued that his decision to keep the item showed criminal intent and made him complicit in the offense. The defense claimed that the second man was surprised and had not planned or agreed to anything, and that his conduct amounted to a different kind of offense.

What crime did the second man commit?

Accomplice to robbery
Accessory after the fact to robbery
Receiving stolen property
Conspiracy to commit robbery

Correct Answer: D

Explanation: A person is guilty of receiving stolen property when they knowingly possess goods obtained by theft, with intent to deprive the rightful owner. Here, the second man showed no prior involvement and did not aid or encourage the robbery—but he knowingly accepted the stolen phone afterward. This fits the definition of receiving stolen property.

Why the other options are incorrect
A accomplice liability requires active facilitation or agreement before or during the crime.
B accessory after the fact applies when someone helps a criminal escape detection—not mere possession.
D conspiracy requires a prior agreement and shared intent, which are absent here.

3. A man hoped to intimidate a local journalist and decided to post anonymous comments online urging others to “stop her for good.” In his messages, he offered a reward to anyone who “silenced” the journalist before she could publish an upcoming article. Several users responded with comments mocking the post, but no one took action. The journalist reported the messages to police, and the man was charged with criminal solicitation.

The man argued that his statements were vague, that he never contacted anyone directly, and that no harm had occurred. The prosecution maintained that offering a reward for criminal conduct qualifies as solicitation, even when made anonymously and without direct contact. They presented screenshots of the posts and showed that they were directed at specific users known to comment on threats of violence.

Can the man be convicted of solicitation?

No, because his statements were general and not directed to specific individuals.
No, because no one took any steps toward committing the offense.
Yes, because the communication encouraged another to commit a criminal act.
Yes, because anonymous threats are presumed to create risk of violence.

Correct Answer: C

Explanation: Solicitation occurs when a person intentionally encourages, requests, or commands another to engage in criminal conduct. It is complete upon communication of the request—regardless of response or result. Offering a reward for criminal conduct with intent to induce someone to act satisfies the elements.

Why the other options are incorrect
A specificity isn’t required—intent to encourage criminal conduct is sufficient.
B solicitation is complete even if the crime is never attempted.
D threats may be criminal, but solicitation depends on the request’s content and intent.

4. A driver was arrested on suspicion of armed robbery. At the station, while handcuffed and seated at a desk, an officer asked him how he had paid for the car parked outside. The driver replied, “It was from that bank haul—what else?” The officer had not given any Miranda warnings prior to the question. The prosecution seeks to admit the statement in its case-in-chief.

The defense moves to suppress, arguing that the driver was in custody and subject to police interrogation without proper advisement. The prosecution argues that the question was part of routine booking and that the officer had not intended to elicit incriminating statements. The defense counters that the setting was inherently coercive and the question was reasonably likely to produce a confession.

How should the court rule?

Admit the statement, because the officer’s question was neutral and non-interrogative.
Suppress the statement, because the driver was in custody and the question constituted interrogation.
Admit the statement, but only for impeachment if the driver testifies.
Suppress the statement under the Fourth Amendment exclusionary rule.

Correct Answer: B

Explanation: Miranda protections apply when a suspect is in custody and subjected to interrogation. Interrogation includes any words or actions that the officer should know are likely to elicit an incriminating response. A direct question about the source of car funds—after arrest and handcuffing—constitutes custodial interrogation without Miranda warnings and must be suppressed.

Why the other options are incorrect
A the question was reasonably likely to produce an incriminating response.
C impeachment use may apply only if the statement was voluntary—here it violates Miranda.
D the issue arises under the Fifth Amendment, not Fourth.

5. A defendant was arrested for a home invasion and taken to the station for booking. Two days later, while in custody, officers conducted a lineup where the defendant was placed among five volunteers. Each person was asked to stand silently while a witness observed them behind one-way glass. The witness identified the defendant as the perpetrator. No defense counsel was present, and the defendant objected at trial, claiming that the identification violated his Sixth Amendment rights.

The prosecution responded that formal charges had not been filed when the lineup occurred and that the Sixth Amendment right to counsel had not yet attached. They emphasized that the lineup was part of the investigative stage, not a post-indictment proceeding. The defendant argued that because he had been arrested and held for several days, and because the lineup was inherently suggestive, he was entitled to counsel.

Was the defendant’s Sixth Amendment right to counsel violated?

No, because the lineup occurred before initiation of formal charges.
Yes, because a custodial lineup is a critical stage triggering counsel rights.
Yes, because the defendant was under arrest for the same offense.
No, because the lineup was not testimonial.

Correct Answer: A

Explanation: The Sixth Amendment right to counsel attaches only after formal judicial proceedings have begun—typically at indictment or arraignment. Pre-charge lineups are part of the investigatory phase and do not trigger counsel rights under the Sixth Amendment. However, such lineups may still be challenged under due process standards if they are unduly suggestive.

Why the other options are incorrect
B lineups are critical stages—but only post-charge.
C custody alone does not trigger Sixth Amendment protections.
D testimonial status relates to Fifth Amendment—this question turns on timing of counsel attachment.

6. A man drove the getaway car for a group of armed robbers who broke into a jewelry store at night. During the robbery, one of the burglars struck a security guard on the head with a crowbar, killing him instantly. The man in the getaway car never entered the store and later claimed he had no idea anyone would use force. Prosecutors charged the man with felony murder under a jurisdiction following traditional common law principles.

At trial, the defense argued that the man should not be held liable for the guard’s death because he was unaware of the assault and only intended to assist in the theft. The prosecution responded that participation in a dangerous felony such as burglary triggers automatic liability for any deaths caused by participants in furtherance of the crime. Evidence showed that the man had coordinated the timing of the break-in and driven away with the robbers moments after the killing.

Should the court convict the getaway driver of felony murder?

Yes, because the driver was a knowing participant in the underlying felony.
No, because he did not personally commit the killing.
No, because he did not have the intent to kill or injure.
Yes, because he failed to render aid after the guard was injured.

Correct Answer: A

Explanation: Under the felony murder rule, any participant in a dangerous felony (such as burglary or robbery) is criminally liable for deaths caused during the commission or flight from the crime, even without intent to kill. As a willing accomplice to the burglary, the getaway driver shares liability for the foreseeable homicide.

Why the other options are incorrect
B personal causation is not required under felony murder.
C intent to kill is not an element when the killing arises from an inherently dangerous felony.
D failure to aid may be immoral, but it’s not the basis for felony murder liability.

7. A college student had an argument with another student during a party and angrily shoved him down a short set of stairs. The victim suffered a fractured wrist. Police arrived and charged the aggressor with criminal battery. At trial, the defendant claimed he had only intended to scare the victim and didn’t realize he was near the stairs. The defense requested an instruction on simple assault.

The prosecution argued that physical contact and injury had occurred, making battery the appropriate charge. Witnesses testified that the defendant approached aggressively, raised his hands, and shoved the victim deliberately after repeated threats. The defendant admitted he had been drinking but insisted the push wasn’t meant to cause injury. The jury was asked to consider whether the contact was intentional and harmful.

What is the most appropriate charge based on these facts?

Simple assault
Aggravated assault
Battery
Reckless endangerment

Correct Answer: C

Explanation: Battery involves unlawful physical contact that is intentional and harmful or offensive. Here, the defendant’s shove caused injury and was deliberate—even if not premeditated. Assault, by contrast, typically involves threat or attempted harm without physical contact. Given the contact and injury, battery is the correct charge.

Why the other options are incorrect
A assault does not include completed physical contact.
B aggravated assault may apply if a weapon is used or serious harm occurs—neither is established here.
D recklessness might be relevant, but the contact was intentional, supporting battery.

8. A man was arrested after getting into a violent bar fight. Witnesses said he appeared heavily intoxicated, slurred his words, and swayed as he shouted threats. During the fight, he swung a metal beer tap and struck another patron in the head. The man was charged with aggravated assault with intent to injure. At trial, he claimed he was so intoxicated that he could not have formed intent and asked for a jury instruction on voluntary intoxication.

The court noted that the state defines aggravated assault as a general intent crime. The prosecution argued that intoxication is no defense where only general intent is required. The defense cited cases suggesting that extreme intoxication may negate purposeful conduct, particularly when physical control is impaired. The jury had to evaluate whether the defendant’s state of mind met the elements of the offense.

Can the defendant successfully raise an intoxication defense?

No, because intent to injure is not a specific intent element.
Yes, because involuntary intoxication always negates criminal responsibility.
No, because voluntary intoxication is not a defense to a general intent crime.
Yes, because severe intoxication prevents formation of any mens rea.

Correct Answer: C

Explanation: Voluntary intoxication may be a defense to specific intent crimes, where a deliberate mental state is required. However, for general intent crimes—such as assault—voluntary intoxication is not a valid defense. The act itself, when performed intentionally, satisfies the required mental state.

Why the other options are incorrect
A the question isn’t about whether intent to injure is specific—it’s whether intoxication applies.
B involuntary intoxication could be a defense, but wasn’t raised here.
D total mental incapacity is extremely rare—mere drunkenness doesn’t negate general intent.

9. A defendant charged with misdemeanor trespass requested a jury trial. The state statute permitted judge-only trials for offenses punishable by no more than six months’ imprisonment. The defendant argued that the trial process violated his constitutional rights. The court denied the request and held a bench trial, ultimately convicting him and imposing a 60-day sentence.

On appeal, the defendant claimed that the denial of a jury trial violated the Sixth Amendment. The prosecution responded that jury trials are not required for “petty offenses” under longstanding precedent, and that the authorized penalty placed the offense within that category. The defendant maintained that the statutory penalty combined with collateral consequences warranted full procedural protections.

Should the appellate court reverse the conviction?

Yes, because all criminal defendants are entitled to a jury trial.
No, because the offense qualifies as a petty offense not requiring a jury.
Yes, because the defendant’s request created a procedural entitlement to a jury.
No, because misdemeanors are categorically excluded from jury trials.

Correct Answer: B

Explanation: The Sixth Amendment guarantees a jury trial for “serious offenses.” An offense punishable by six months or less is considered a petty offense and does not require a jury trial. The court properly held a bench trial under these circumstances.

Why the other options are incorrect
A jury trials apply only to serious offenses—not all criminal cases.
C defendant requests do not override constitutional limits.
D not all misdemeanors are excluded—only those deemed petty by sentence length.

10. A man was convicted of assault with a deadly weapon. At sentencing, the judge imposed an enhanced penalty based on the man’s prior conviction for firearm possession. The enhancement statute required proof that the prior offense involved actual use of a weapon during a violent crime. The judge relied on arrest records and testimony, but no jury had made findings on the prior crime’s nature.

The defense argued that the enhancement increased the sentence beyond the statutory maximum for assault and required a jury determination. The prosecution responded that sentencing factors need only be proven by the judge at a preponderance standard and that prior convictions may always be considered without jury review. The trial court imposed the sentence, and the defendant appealed.

Was the sentencing enhancement constitutionally permissible?

No, because any fact increasing the statutory maximum must be found by a jury.
Yes, because prior convictions are an exception to jury factfinding requirements.
No, because enhancement statutes must include specific factual guidelines.
Yes, because sentencing courts may consider external evidence beyond trial proof.

Correct Answer: A

Explanation: Under Apprendi v. New Jersey and related cases, any fact—other than a prior conviction—that increases the statutory maximum penalty must be proven to a jury beyond a reasonable doubt. If the enhancement relies on facts beyond the record of conviction, such as weapon use or underlying violence, a jury must make those findings.

Why the other options are incorrect
B prior convictions may be considered—but extra facts beyond them trigger jury requirements.
C statutes may lack guidelines—constitutional review turns on factfinding process.
D judges may review external records—but only for facts within proper scope.

11. A 22-year-old man engaged in consensual sexual intercourse with a 15-year-old girl whom he had met at a local community center. The girl told him she was 17 and provided a fake identification card that matched the claim. The man later discovered her real age when police interviewed him during an investigation initiated by her parents. The state charged the man with statutory rape, which requires proof that the victim was under 16 and that the defendant engaged in sexual activity with her.

At trial, the man testified that he genuinely believed the girl was at least 17 and had relied on both her statement and the ID. The defense requested a jury instruction that a reasonable mistake of fact as to age negates criminal liability. The statute itself was silent on the availability of mistake defenses. The prosecution argued that statutory rape is a strict liability offense and that the victim’s actual age governs, regardless of belief.

The jurisdiction follows the common law approach to mistake defenses unless modified by statute. The court must determine whether the defendant’s belief about the girl’s age can serve as a defense to the charge.

Should the court allow the jury to consider the defendant’s mistake-of-age defense?

Yes, because statutory rape is a specific intent crime requiring awareness of age.
No, because the victim’s misrepresentation does not relieve criminal liability.
Yes, because the statute does not exclude traditional mistake defenses.
No, because statutory rape is a strict liability offense under the common law.

Correct Answer: D

Explanation: Statutory rape is a strict liability offense at common law. This means that the prosecution need only prove that the victim was underage and that intercourse occurred—mistake of fact regarding age is not a defense, even if reasonable. Jurisdictions may alter this rule by statute, but in the absence of such modification, the strict liability standard applies.

Why the other options are incorrect
A specific intent is not required—only the act and age matter.
B while misrepresentation may be sympathetic, it does not negate liability under strict liability.
C silence in the statute does not override traditional common law treatment as strict liability.

12. A homeowner hired a contractor to renovate his garage. Two weeks into the job, after a dispute over payment, the contractor returned to the property at night and deliberately set fire to the newly installed floor panels using gasoline and a lighter. The fire destroyed part of the garage and spread to the adjacent shed. The contractor was charged with arson under a state statute modeled on the traditional common law definition.

At trial, the contractor admitted to starting the fire but claimed he had not intended major damage—only a symbolic act of protest. He argued that the garage was not part of the dwelling and that only a partial structure had been burned. The prosecution introduced evidence showing that the garage was attached to the house and had been used regularly for storing household items.

Should the court uphold the arson charge?

No, because arson requires destruction of an inhabited dwelling.
Yes, because intentionally burning attached property qualifies as arson under common law.
No, because the contractor did not intend serious damage.
Yes, because intent is irrelevant when property is damaged by fire.

Correct Answer: B

Explanation: At common law, arson is the malicious burning of the dwelling house of another. “Malice” includes intentionally setting fire—even if only minimal damage results. Structures attached to or used as part of the home, like garages or sheds, often satisfy the “dwelling” requirement. Here, the contractor’s deliberate act and the garage’s connection to the residence support the charge.

Why the other options are incorrect
A modern statutes and common law include attached structures—habitation is not strictly required.
C intent to damage is sufficient; actual damage severity doesn’t negate arson.
D intent is relevant—accidental fires without malice do not constitute arson.

13. A man asked his cousin to accompany him to a convenience store where he planned to steal a few items. The cousin agreed but later claimed he did not believe the man was serious. While inside the store, the man stuffed items into his backpack and left without paying. The cousin remained behind and purchased a drink. Police arrested both men after reviewing video footage and charged them with theft as co-defendants.

At trial, the cousin claimed he had no role in the theft, and that merely accompanying someone to the store does not establish criminal liability. The prosecution argued that his agreement to participate made him a party to the crime, regardless of his limited actions. They cited prior texts between the two showing a joking plan to “hit the store” and suggested that his presence helped distract staff.

Can the cousin be found criminally liable?

No, because mere presence at the scene of a crime does not create liability.
Yes, because the cousin agreed to help and was physically present.
Yes, because accomplice liability includes those who assist by presence or encouragement.
No, because the cousin ultimately made a lawful purchase and did not take any stolen items.

Correct Answer: C

Explanation: A person may be criminally liable as a party to a crime if they encourage, assist, or facilitate its commission. Even minimal actions—such as agreeing to be present or serving as a lookout—can satisfy this requirement. Here, the cousin’s prior agreement and presence, coupled with circumstantial evidence suggesting distraction of staff, support accomplice liability.

Why the other options are incorrect
A passive presence alone is insufficient—but evidence shows agreement and purpose.
B agreement and presence matter—but encouragement or assistance is key.
D purchasing an item does not eliminate prior facilitation of theft.

14. Police received a tip that narcotics were being sold from an apartment on the fifth floor of a residential building. Without obtaining a warrant, they entered the building, knocked on the apartment door, and, upon hearing movement inside, forced entry. Inside, they found a small quantity of drugs on the kitchen counter and arrested the tenant. The tenant moved to suppress the evidence, arguing that the warrantless entry violated the Fourth Amendment.

The prosecution argued that exigent circumstances justified the search, claiming that the sounds inside indicated the possible destruction of evidence. The officers had not observed any criminal conduct before entry and had relied solely on the anonymous tip. The defense emphasized that the officers had time to obtain a warrant and that no emergency or immediate threat existed at the time of entry.

Should the court suppress the drug evidence?

Yes, because the warrantless entry was not supported by exigent circumstances.
No, because movement inside the apartment created probable cause for urgency.
Yes, because anonymous tips cannot establish exigent conditions.
No, because the drugs were found in plain view upon legal entry.

Correct Answer: A

Explanation: Warrantless entry into a home is presumptively unreasonable under the Fourth Amendment unless justified by exigent circumstances—such as imminent destruction of evidence. Mere sounds or movement after a knock, without direct evidence or time constraints, do not establish an exigency. Officers should have obtained a warrant based on probable cause.

Why the other options are incorrect
B movement alone is insufficient to override the warrant requirement.
C tips contribute to probable cause—but do not establish urgency.
D entry was unlawful—plain view doctrine cannot apply to illegal searches.

15. A man was convicted of multiple counts of minor property damage under a vandalism statute and sentenced to 50 years in prison without the possibility of parole. The statute permitted sentences of up to five years per offense, and the judge justified the sentence by citing the man’s extensive criminal history and lack of remorse. On appeal, the man argued that the sentence violated the Eighth Amendment’s prohibition on cruel and unusual punishment.

The state responded that sentencing within statutory limits is generally insulated from constitutional review and that the cumulative sentence was lawful based on repeat offending. The defendant countered that the sentence was grossly disproportionate to the nonviolent nature of the offenses and effectively imposed a lifetime prison term for graffiti and broken windows. He emphasized that other jurisdictions routinely treat similar offenses with fines or short sentences, even for repeat offenders.

Should the appellate court reverse the sentence?

No, because consecutive sentences for separate offenses are constitutionally permissible.
Yes, because the lack of parole renders the sentence unconstitutionally excessive.
No, because the defendant’s criminal history supports enhanced punishment.
Yes, because the sentence is grossly disproportionate to the severity of the crimes.

Correct Answer: D

Explanation: The Eighth Amendment prohibits punishments that are grossly disproportionate to the offense committed. While cumulative sentencing for multiple counts is allowed, it must still be proportionate in light of the nature of the offenses. For nonviolent, relatively minor crimes like vandalism, a 50-year sentence without parole constitutes excessive punishment that shocks the conscience and violates constitutional standards.

Why the other options are incorrect
A cumulative sentencing is allowed, but it must still comply with proportionality principles.
B lack of parole may contribute to severity but isn’t the sole reason the sentence is unconstitutional.
C prior convictions may justify some enhancement, but cannot transform petty crimes into lifetime sentences.

16. A teenage boy arrived home from school early and found his father physically assaulting his younger brother. The boy yelled for the father to stop and tried to intervene, but the father shoved him against the wall and continued hitting the younger child. In a panic, the boy retrieved a kitchen knife and stabbed the father multiple times, killing him. He was charged with murder under a jurisdiction that adheres to the common law categories of homicide.

At trial, the prosecution argued that the killing was unjustified and that the boy could have called for help rather than using deadly force. The defense asserted that the boy acted in the heat of passion and was provoked by witnessing a brutal assault on a loved one. Expert testimony indicated that the boy had no history of violence and had acted emotionally, not with premeditation.

The court must determine whether voluntary manslaughter instructions are appropriate or whether the killing should be considered murder.

Should the jury be instructed on voluntary manslaughter?

No, because provocation must stem from a direct threat to the defendant
Yes, because defending a sibling constitutes a recognized excuse for homicide
No, because premeditation exists whenever a weapon is retrieved before the killing
Yes, because witnessing a violent attack on a close family member may constitute adequate provocation

Correct Answer: D

Explanation: Voluntary manslaughter involves an intentional killing in the heat of passion provoked by circumstances that would cause a reasonable person to lose control. Courts have recognized that witnessing violent harm against a close relative may amount to legally adequate provocation. The jury should therefore receive voluntary manslaughter instructions alongside murder.

Why the other options are incorrect
A provocation need not threaten the defendant directly—harm to loved ones may qualify.
B defense of others may justify killing, but manslaughter turns on provocation, not excuse.
C retrieving a weapon does not automatically create premeditation—context matters.

17. A woman borrowed a neighbor’s bicycle one afternoon to run errands without asking first. She returned it the next day and left an apology note in the neighbor’s mailbox. The neighbor reported the incident to police, who charged the woman with theft under a statute defining the crime as “unlawful taking of property with intent to permanently deprive the owner.” At trial, the prosecution emphasized that the borrowing had been unauthorized and amounted to a wrongful taking.

The woman testified that she had intended to return the bicycle and did so promptly, believing the neighbor would have approved if she had been able to ask. Witnesses described her as respectful and said she had never before taken anything without permission. The jury was instructed to consider whether her conduct met both elements of the theft statute.

Can the woman be convicted of theft?

Yes, because taking property without permission satisfies the definition of theft
No, because the statute requires intent to permanently deprive the owner
Yes, because returning the item does not negate the initial wrongful act
No, because borrowing from a neighbor is not criminal conduct

Correct Answer: B

Explanation: Theft requires both unlawful taking and intent to permanently deprive the owner of the property. If the defendant took the item without permission but intended to return it, the required mental state is not present. Unauthorized borrowing may be tortious, but it does not constitute theft under this statute.

Why the other options are incorrect
A taking alone is insufficient without the specific intent to permanently deprive.
C returning the item is evidence that counters intent—not an afterthought.
D the conduct may be improper, but legality turns on statutory elements.

18. A man decided to rob a local pawn shop and planned the crime for several days. He purchased a mask and gloves and arrived at the store before opening hours, carrying a crowbar. As he approached the front entrance, he saw police officers parked nearby and immediately turned around, running back to his car. He was arrested minutes later, and charged with attempted robbery.

At trial, the defense claimed he had not committed any overt act beyond arriving near the scene and that abandonment prevented liability. The prosecution introduced evidence of planning, possession of tools, and proximity to the target. The court had to determine whether his conduct met the threshold for a substantial step toward commission of the crime.

Can the man be convicted of attempted robbery?

No, because his actions did not go beyond preparation
No, because he abandoned the crime before entering the store
Yes, because arriving at the location with tools and intent constitutes a substantial step
Yes, because planning a crime is sufficient to establish attempt

Correct Answer: C

Explanation: Criminal attempt requires a substantial step toward committing the offense with intent to complete it. Arriving at the location during the intended timeframe and carrying burglary tools goes beyond mere preparation and satisfies attempt. Abandonment does not relieve liability once the substantial step is taken.

Why the other options are incorrect
A preparation is noncriminal—but proximity, tools, and timing elevate conduct.
B abandonment after a substantial step does not negate attempt liability.
D planning alone is not sufficient—a concrete action toward the crime is required.

19. Police stopped a man for loitering and asked to search his backpack. He refused, but officers opened it anyway and found unregistered firearms. He was arrested and moved to suppress the evidence, arguing that the search violated the Fourth Amendment. The prosecution claimed that the man was in a high-crime area and that the search was necessary for officer safety.

No warrant was obtained, and the man had not been arrested when the search occurred. Officers admitted there were no specific threats or observations of weapons prior to the search. The defense emphasized that the man’s refusal should have prompted respect for privacy, and that loitering alone does not justify a suspicionless search.

Should the court suppress the evidence found in the backpack?

Yes, because the search occurred without consent, warrant, or probable cause
No, because the man was in a high-crime area and posed potential danger
Yes, because backpacks are considered part of one’s protected personal effects
No, because loitering creates reasonable suspicion for a limited frisk

Correct Answer: A

Explanation: The Fourth Amendment protects against unreasonable searches. Absent a warrant or an exception such as exigency, consent, or search incident to arrest, officers may not open personal containers. Loitering and general area safety concerns are insufficient to justify a warrantless search of a backpack without probable cause or consent.

Why the other options are incorrect
B high-crime areas don’t override constitutional protections.
C backpacks are protected—but suppression turns on lack of lawful basis for the search.
D frisk authority under Terry applies to person searches—not container intrusions.

20. A defendant charged with mail fraud was tried before a judge who repeatedly interrupted his counsel’s cross-examination of government witnesses. The judge made sarcastic remarks in front of the jury and cut off defense objections without explanation. After closing arguments, the judge instructed the jury to “trust the government’s case—don’t be distracted by irrelevant defenses.” The jury found the defendant guilty.

On appeal, the defendant argued that the judge’s conduct deprived him of a fair trial. The prosecution claimed that while the judge was terse, the evidence of guilt was strong and no reversible error occurred. The appellate court must determine whether judicial bias and improper jury instructions violated constitutional guarantees of due process.

What is the strongest argument that the defendant’s conviction should be reversed?

The judge’s instructions interfered with the jury’s role as factfinder
The judge failed to allow defense counsel to present closing arguments
The judge improperly denied defense objections without articulating legal grounds
The cumulative conduct of the judge deprived the defendant of a fair trial

Correct Answer: D

Explanation: Due process guarantees a fair and impartial trial. Judicial bias, interference with defense examination, and improper instructions can collectively undermine the integrity of the proceeding. When the judge’s conduct affects the jury’s perception and the defense’s ability to present its case, reversal is warranted based on constitutional violations.

Why the other options are incorrect
A improper instruction is part of the issue—but D captures the broader constitutional harm.
B closing arguments were presented—issue was bias throughout.
C objection handling matters, but alone may not rise to reversible error.

21. A 20-year-old college student met a girl at a concert and began messaging her for several days before inviting her to his apartment. On the night they met, they drank wine, listened to music, and engaged in consensual sexual activity. The next morning, the girl’s parents reported her missing, and police found her at the student’s residence. It was revealed that she was 15, and that she had used a fake social media profile listing her age as 18. The student was charged with statutory rape under state law, which prohibits sexual contact with anyone under 16 and defines the offense as strict liability.

During pretrial hearings, the defense sought to introduce evidence of the girl’s fabricated profile and their text exchanges, arguing that the student had no way to know her actual age and genuinely believed she was above the age of consent. The prosecution responded that statutory rape does not require knowledge or intent, and that mistake of fact is not a valid defense under the statute. The defense argued that due process requires the ability to rebut the age element if deception occurred.

What is the strongest argument that the defendant should be acquitted?

The defendant lacked knowledge of the girl’s true age and relied on her misrepresentation
The defendant’s mistaken belief was reasonable and negates specific intent
The sexual activity occurred with full consent and was therefore not criminal
Strict liability statutes may not be enforced where false representations are made by minors

Correct Answer: A

Explanation: While statutory rape is traditionally treated as a strict liability offense, some jurisdictions permit a reasonable mistake of age defense when the victim actively conceals their true age. The strongest argument for acquittal is the defendant’s good-faith reliance on the girl’s misrepresentation. Although not universally accepted, this defense rests on fairness principles in borderline cases.

Why the other options are incorrect
B specific intent is not required in strict liability crimes.
C consent of a minor below the age threshold is legally invalid.
D strict liability applies unless the statute explicitly allows exceptions.

22. Police were dispatched to investigate a domestic disturbance at a suburban home. Upon arrival, they encountered a woman and her boyfriend outside, both intoxicated. Officers entered the home with consent from the woman and found prescription pills and small bags of methamphetamine hidden behind the television in the living room. The boyfriend claimed no knowledge of the items, stating he had only arrived earlier that evening and did not live at the residence.

At trial, the prosecution introduced evidence that the boyfriend had stayed at the house several nights in the past week, had personal belongings in the guest room, and had used a social media account listing that address. The woman testified that the drugs were hers and that the boyfriend did not know about them. The prosecution argued that constructive possession could be inferred from his proximity and use of the space.

Can the defendant be convicted of drug possession?

No, because the drugs were discovered in a shared space and did not belong to him
No, because constructive possession requires knowledge and control
Yes, because proximity and prior residence support an inference of possession
Yes, because consent to search applies to all occupants equally

Correct Answer: C

Explanation: Constructive possession exists when a person knowingly exercises control over a substance, even if not physically holding it. Courts may infer possession from dominion over the area, presence, and circumstantial evidence. Here, the defendant’s repeated presence and connection to the address support an inference that he knew of and controlled the drugs.

Why the other options are incorrect
A ownership is not required—possession focuses on control and knowledge.
B constructive possession may be inferred—even if denied—through context.
D consent affects admissibility, not whether possession is proven.

23. During a trial for vehicular assault, the judge declared a mistrial after the jury deadlocked following three days of deliberation. The mistrial was declared over the defendant’s objection. The following month, the prosecution refiled charges and scheduled a new trial. The defendant moved to dismiss on double jeopardy grounds, arguing that the first trial had proceeded through witness testimony, cross-examination, and near-complete jury deliberations.

The trial judge in the second case rejected the motion and ruled that the prior mistrial was permissible under the doctrine of manifest necessity. The prosecution argued that retrying the case did not violate constitutional protections, as no verdict had been reached and the jury was genuinely unable to agree. The defendant appealed, contending that retrying him would compound the emotional toll and burden his procedural rights.

Should the court grant the defendant’s motion to dismiss?

Yes, because the defendant objected to the mistrial
Yes, because retrying the case amounts to harassment
No, because the original mistrial was declared due to manifest necessity
No, because jury deliberations do not finalize jeopardy attachment

Correct Answer: C

Explanation: Under the Double Jeopardy Clause, retrial is barred if the first proceeding ends improperly—but exceptions apply. A mistrial declared due to manifest necessity, such as a jury deadlock, permits retrial even over the defendant’s objection. No verdict was reached, and the court’s action was justified by the inability to conclude the case.

Why the other options are incorrect
A objection alone does not block retrial after a deadlock.
B harassment requires bad faith or repeated prosecution—not present here.
D jeopardy attaches at trial start—not at deliberations.

24. Three individuals planned a car theft ring operating across several counties. One member, after participating in several successful thefts, decided to withdraw and notified the others by text message. He also reported some of the activity to a local police contact, but no arrests occurred immediately. A year later, he was indicted along with the others after additional thefts occurred. He argued that his withdrawal absolved him of liability for the ongoing conspiracy.

At trial, the prosecution contended that withdrawal from a conspiracy requires affirmative steps to prevent its continued operation and that mere communication and partial reporting do not suffice. The defense responded that the defendant had severed ties and no longer aided the operation, and that he should not be liable for crimes committed after his withdrawal. The court had to determine whether liability attaches to acts committed post-withdrawal.

Can the defendant escape liability for conspiracy?

Yes, because he attempted to alert law enforcement and ceased participation
No, because withdrawal requires formal renunciation and complete disclosure
No, because withdrawal does not absolve liability for prior participation
Yes, because withdrawing from criminal intent negates future accountability

Correct Answer: C

Explanation: Withdrawal from conspiracy may limit future liability, but it does not absolve responsibility for the conspiracy itself up to the point of withdrawal. The defendant participated in prior thefts and contributed to the enterprise. He remains liable for the conspiracy and any foreseeable acts committed before he exited.

Why the other options are incorrect
A partial reporting does not eliminate liability for prior crimes.
B formal renunciation affects future liability—but past conduct remains actionable.
D withdrawal ends ongoing liability—not retroactive accountability.

25. A man living in State A mailed threatening letters to three people residing in State B, including statements expressing intent to cause bodily harm. One recipient contacted authorities, and law enforcement in State B tracked the sender to his home using postal records. Prosecutors in State B charged the man with criminal threats under their local statute. The man moved to dismiss, arguing that State B lacked jurisdiction because he had committed all acts from State A.

The prosecution countered that the effects of the offense were felt in State B, that the victims resided there, and that State B had a legitimate interest in preventing crimes targeting its residents. The defense argued that only State A could prosecute mailing violations initiated from within its borders. The court had to determine whether State B could assert jurisdiction over a defendant whose conduct occurred remotely.

Should the court allow State B to prosecute?

Yes, because the harmful effects and intended victims were located in State B
No, because criminal jurisdiction attaches only where the act is committed
Yes, because mailing threats is a federal offense and outside state jurisdiction
No, because the defendant never physically entered State B

Correct Answer: A

Explanation: States may assert criminal jurisdiction over conduct that causes harm within their borders, even if the defendant never physically enters the state. When a person intentionally directs threatening communications toward residents of another state, and the harm—including fear or disruption—occurs there, that state may prosecute. This principle is supported by the "effects doctrine," which allows jurisdiction based on where the consequences are felt.

Why the other options are incorrect
B jurisdiction is not limited to physical acts—effects within a state can trigger authority.
C federal jurisdiction over mailing offenses does not preclude state prosecution for threats.
D physical presence is not required—intentional conduct targeting residents is sufficient.

26. A man was driving his 10-year-old niece to school when, midway through the trip, he turned off the main road and drove several hours to a remote cabin. He refused to answer the child’s questions and ignored calls from her parents. After two days at the cabin, where she remained physically unharmed but frightened, police located them and arrested the man. He claimed that he had experienced a spiritual revelation and believed he was protecting the child from a pending catastrophe.

Prosecutors charged the man with kidnapping under a statute that criminalizes unlawful confinement or movement of another person without consent. At trial, the defense argued that the man had a longstanding close relationship with his niece and had no intent to harm her, and that she had not attempted to leave once they reached the cabin. The prosecution emphasized that he deliberately prevented contact with her guardians and took her across state lines without permission.

Should the court uphold the kidnapping charge?

No, because the child was unharmed and voluntarily stayed at the cabin
Yes, because removing a child from legal guardians without consent constitutes kidnapping
No, because spiritual motivation negates unlawful intent
Yes, because unlawful restraint does not require physical harm or coercion

Correct Answer: D

Explanation: Kidnapping requires unlawful restraint or asportation of a person, often without their consent or lawful authority. For a minor, taking the child away from their legal guardian without permission constitutes unlawful removal. Physical harm or force is not required—intentionally interfering with custodial rights suffices. The child’s decision to remain once taken does not override the initial lack of consent.

Why the other options are incorrect
A voluntary compliance after the fact doesn’t erase unlawful initial conduct
B B is close—but D provides the broader legal principle that better frames the result
C Spiritual belief may mitigate motive but does not negate legal responsibility

27. A woman entered a crowded flea market and saw a coat hanging on the back of a chair near a food vendor. Believing it had been left behind, she picked it up and left the market. A few hours later, she was stopped by police and identified by the owner, who had returned minutes after noticing it was gone. The woman stated she thought it was abandoned and had planned to donate it to a shelter. She was charged with theft.

At trial, the defense argued that she made an honest mistake and that the crime required intent to permanently deprive the rightful owner. The prosecution emphasized that the woman took the coat without asking or making any inquiries, and that her decision to walk away with another person’s property constituted unlawful appropriation.

Can the woman successfully assert a mistake of fact defense?

Yes, because she reasonably believed the coat had been abandoned
No, because she failed to verify ownership before taking the coat
No, because theft only requires unauthorized taking, not intent
Yes, because she planned to give the coat away to charity

Correct Answer: A

Explanation: Theft is a specific intent crime requiring that the defendant intend to permanently deprive the owner of property. A reasonable mistake about whether the property was abandoned can negate the required mental state. If the woman honestly believed the item had been left behind without an identifiable owner, she may assert a mistake of fact defense.

Why the other options are incorrect
B lack of verification may suggest carelessness but doesn’t prove criminal intent
C theft does require intent—unauthorized taking alone isn’t enough
D donating the item doesn’t substitute for knowing whether it was abandoned

28. During questioning at a police station, a suspect was told by an officer, “If you help us understand what happened, I’ll talk to the prosecutor and put in a good word for you.” The suspect then confessed to participating in a drug deal earlier that week. No Miranda warnings had been issued, and the suspect had been sitting alone in a locked room for over an hour prior to the questioning. The defense moved to suppress the confession as involuntary and unconstitutional.

The prosecution argued that the officer’s statements were mild and did not amount to threats or coercion. They claimed that the suspect had confessed voluntarily and that promises of leniency do not always invalidate statements. The defense asserted that the combined pressure of isolation and implied benefits rendered the statement unreliable and coerced.

Should the court suppress the confession?

No, because mild suggestions of cooperation do not invalidate statements
Yes, because any confession without Miranda warnings is inadmissible
Yes, because the officer’s offer of leniency coupled with custodial isolation made the confession involuntary
No, because the suspect was free to leave and did so shortly after confessing

Correct Answer: C

Explanation: A confession must be voluntary to be admissible. While promises of leniency alone may not automatically invalidate a confession, when combined with custodial pressure—such as prolonged isolation or implied benefits—the confession may be deemed involuntary. Here, the absence of Miranda warnings and the psychological pressure support suppression.

Why the other options are incorrect
A voluntariness must be assessed in full context—not just by tone of suggestion
B Miranda violations affect admissibility, but voluntariness analysis is separate
D if the suspect was in custody, freedom to leave afterward doesn’t remedy prior coercion

29. Three roommates planned to break into a local electronics store after hours and steal gaming consoles. One was tasked with disabling the alarm system while the other two carried tools and mapped out entry points. On the night of the plan, one roommate—who had previously agreed—claimed illness and stayed home. The remaining two carried out the burglary and were later arrested. Prosecutors charged all three with conspiracy and burglary.

The defense for the roommate who stayed home argued that he had withdrawn from the conspiracy and should not be held liable. Evidence showed that while he did not physically participate, he had previously sent texts proposing the crime and had researched the alarm system layout. The prosecution emphasized that withdrawal requires more than mere absence and that his prior acts contributed to the crime.

Should the court hold the third roommate liable for conspiracy?

No, because he did not take part in the actual burglary
No, because illness constituted involuntary withdrawal
Yes, because initial planning and agreement created liability
Yes, because withdrawal must include active efforts to prevent the crime

Correct Answer: D

Explanation: Withdrawal from conspiracy requires more than nonparticipation—it demands affirmative steps to disavow or prevent the crime’s completion. Mere absence due to illness does not remove liability once planning and agreement are complete. Without active prevention or notification, the defendant remains responsible for the conspiracy.

Why the other options are incorrect
A physical participation is not required for conspiracy liability
B withdrawal must be voluntary and include effort to halt the crime
C agreement triggers liability—but D addresses the failed withdrawal defense

30. A man diagnosed with paranoid schizophrenia believed his neighbors were conspiring against him. One evening, he broke into a neighbor’s garage and smashed several appliances with a hammer, claiming he was “disabling spy devices.” He was arrested and charged with destruction of property. At trial, the defense argued that his mental condition rendered him unable to appreciate the wrongfulness of his actions.

A psychiatric expert testified that the man was actively hallucinating and incapable of distinguishing reality. The prosecution contended that he knew the items were not his and intentionally damaged them—showing awareness of consequences. The defense asked for a jury instruction on the insanity defense under the jurisdiction’s version of the M’Naghten rule.

Can the defendant successfully raise an insanity defense?

Yes, because he was unable to appreciate the wrongfulness of his actions
No, because he understood what he was destroying and knew it wasn’t his
No, because destruction of property is a nonviolent offense
Yes, because schizophrenia always qualifies for mental incapacity defenses

Correct Answer: A

Explanation: Under the M’Naghten rule, a defendant may raise an insanity defense by showing that, due to mental illness, they were unable to understand the nature or wrongfulness of their actions. The man’s delusions led him to believe the appliances were dangerous surveillance devices, supporting a claim that he lacked moral awareness of the destruction.

Why the other options are incorrect
B knowing property wasn’t his doesn’t prove he understood it was wrong to destroy
C offense severity is irrelevant to insanity applicability
D schizophrenia may support a defense—but does not automatically qualify without context

31. During a botched armed robbery, two masked men fled a corner store while being chased by a security guard. As they ran through the parking lot, one robber pushed a pedestrian into traffic to slow pursuit, resulting in the pedestrian's death. The second robber continued running and was apprehended minutes later. The surviving robber was charged with felony murder, despite having no contact with the victim and not being present at the moment of death.

At trial, the defense argued that the death was accidental and not a foreseeable result of the escape. The prosecution maintained that both robbers were active participants in a dangerous felony and that deaths occurring during flight from the crime fell within the felony murder doctrine. Surveillance footage showed both men fleeing together, wearing masks and carrying weapons.

Should the court convict the second robber of felony murder?

No, because he did not personally cause the pedestrian’s death
Yes, because robbery is a dangerous felony and escape is part of its execution
Yes, because co-felons are equally liable for killings committed during the felony
No, because the death was accidental and not part of the original plan

Correct Answer: C

Explanation: Felony murder liability extends to all participants in an inherently dangerous felony when a death occurs during the commission or escape from the crime. Robbery qualifies, and even unintended deaths caused by co-felons are imputed to all participants. Physical causation is not required when the death is a foreseeable consequence of group flight.

Why the other options are incorrect
A personal causation isn’t required—joint liability attaches under felony murder.
B is partly correct, but C better captures the principle of co-felon liability.
D intent to kill isn’t necessary—foreseeable deaths during felonies support conviction.

32. A landlord entered a former tenant’s unit without permission and set fire to a pile of belongings left behind. He later admitted that he was frustrated with the tenant for failing to pay rent and wanted to destroy items as a form of revenge. The fire damaged part of the building’s electrical wiring and spread briefly to the hallway, triggering emergency sprinklers. Prosecutors charged the landlord with arson.

At trial, the defense argued that he owned the unit and that the items were not part of the real property. The landlord insisted he only intended to destroy discarded furniture and had no intention of damaging the structure. The prosecution presented fire department records showing property damage and emphasized that setting fires out of revenge constituted malicious conduct.

Should the court uphold the arson charge?

Yes, because intentionally setting fire to property with malicious motive satisfies arson elements
No, because the landlord had ownership interest in the unit and its contents
No, because the damage to the structure was unintentional
Yes, because electrical damage triggers automatic liability under building codes

Correct Answer: A

Explanation: Arson requires malicious burning of property. Malice includes intentional acts done with wrongful motive—not requiring intent to damage a particular structure. A person may be guilty of arson even when they partially own the premises if the act puts shared or public areas at risk. The landlord’s revenge-driven act and resulting building damage meet the threshold.

Why the other options are incorrect
B ownership does not excuse unlawful burning—risk to other structures matters.
C unintended damage still results from malicious fire-setting.
D building codes are separate from criminal liability—malicious conduct controls here.

33. A suspect was placed in a live lineup at a police station three days after his arrest for burglary. He was not advised of his rights and had not yet been charged. During the lineup, officers asked each participant to repeat phrases allegedly used during the crime. The suspect was identified by a witness and later charged. At trial, the defense moved to suppress the lineup identification, arguing that the lack of counsel violated his constitutional rights.

The prosecution argued that since formal charges had not been filed, the Sixth Amendment right to counsel had not yet attached. They also contended that lineups are non-testimonial and that the suspect was treated the same as other participants. The defense asserted that the suggestiveness of the lineup and the absence of counsel violated both Sixth and Fifth Amendment protections.

Should the identification be suppressed?

No, because the lineup occurred before formal proceedings began
Yes, because the lineup involved compelled speech without counsel present
No, because lineups are not testimonial and do not trigger Miranda protections
Yes, because the lineup violated due process through suggestive procedures

Correct Answer: B

Explanation: The Fifth Amendment protects against compelled testimonial communication. While standard lineups do not typically require counsel prior to charging, when officers require suspects to repeat incriminating phrases, the procedure may become testimonial. Without Miranda warnings or counsel, compelling speech that mimics criminal conduct can violate constitutional safeguards.

Why the other options are incorrect
A correct for standard lineups—but this one involved compelled utterance.
C non-testimonial lineups are allowed—but this crossed into testimonial territory.
D due process is relevant—but Fifth Amendment compulsion is the central issue here.

34. A man was stopped while entering an airport terminal and searched under suspicion of drug trafficking. Officers discovered vials of liquid narcotics in his luggage and charged him with possession. The man claimed he was transporting the items for a friend and did not know they were illegal substances. The statute under which he was charged defined possession as a strict liability offense requiring only control over the item.

At trial, the defense argued that imposing punishment without knowledge of the substance’s illegality violates due process and punishes innocent conduct. The prosecution emphasized that the law was crafted to deter trafficking and that knowledge or intent are irrelevant to possession under the statute’s language. The court had to assess whether lack of mens rea provided a viable defense.

Can the defendant avoid liability by showing he lacked knowledge of the drugs?

Yes, because possession requires knowledge under constitutional due process
No, because control over illegal items constitutes possession, regardless of knowledge
No, because strict liability statutes do not require proof of intent or awareness
Yes, because he was acting on behalf of a third party and not for personal gain

Correct Answer: C

Explanation: Strict liability offenses do not require proof of mens rea. When a statute clearly establishes that knowledge or intent are not elements, the prosecution must only show that the defendant exercised control over the prohibited item. Constitutional challenges to such statutes are typically rejected if the law serves a legitimate public interest.

Why the other options are incorrect
A due process allows strict liability for certain public welfare offenses.
B possession without knowledge may violate standard statutes—but not strict liability laws.
D acting for others doesn’t negate possession if control is established.

35. A defendant punched another man in a crowded bar during a heated argument. The victim fell to the ground and appeared unconscious. Bystanders carried him outside, where he remained unattended for over an hour before paramedics arrived. Due to delayed treatment, the victim developed severe brain damage and later died. Prosecutors charged the defendant with second-degree murder. The defense argued that the death was caused by delayed medical aid, not the punch itself.

Medical experts testified that earlier intervention could have prevented fatal swelling, and that the delay was a significant factor in the outcome. The prosecution maintained that the original assault caused the chain of events leading to death. The jury had to decide whether the defendant’s conduct was the legal cause of the fatal injury or whether intervening negligence severed the chain.

Should the jury convict the defendant of murder?

No, because negligent medical care constituted a superseding intervening cause
Yes, because punching someone in the head creates foreseeable risk of death
Yes, because the initial assault remained the proximate cause despite delayed aid
No, because the victim’s friends delayed emergency response by carrying him outside

Correct Answer: C

Explanation: In criminal law, an intervening act does not break the chain of causation unless it is unforeseeable and independent. Medical negligence is generally considered foreseeable and does not absolve the original actor. The assault set into motion the events resulting in death, making it the proximate cause.

Why the other options are incorrect
A only grossly negligent care may sever causation—not mere delay.
B foreseeability matters—but C more accurately reflects proximate cause doctrine.
D friends’ actions may be misguided, but they don’t override the assault’s consequences.

36. A man met a woman at a bar and offered to walk her home after she had several drinks. When they arrived at her apartment, she vomited, collapsed on the couch, and appeared semi-conscious. The man stayed for several hours, during which he engaged in sexual intercourse with her. Later that week, the woman reported the encounter to police, stating that she had no memory of consenting and felt confused and sick throughout the night. The man admitted to having sex but insisted it had been consensual.

At trial, prosecutors charged the man with rape under a statute that prohibits sexual contact with a person unable to consent due to intoxication or unconsciousness. The defense presented evidence that the woman had kissed him earlier at the bar and had voluntarily invited him inside. Witnesses testified that they saw the couple leave together and that the woman appeared flirtatious. However, surveillance footage showed her stumbling and leaning heavily on the man as they walked.

Which element must the prosecution prove to obtain a conviction?

That the woman was fully unconscious during the sexual act
That the man had intent to commit rape and used force
That the woman was unable to give legal consent due to her condition
That the woman did not resist the sexual advances or express objection

Correct Answer: C

Explanation: Under most modern statutes, a person who is intoxicated or unconscious may be legally unable to consent to sexual activity. The prosecution must establish that the victim was incapacitated to the point of legal non-consent and that the defendant knew or should have known of that incapacity. Actual resistance is not required when the victim lacks capacity to consent.

Why the other options are incorrect
A complete unconsciousness is not necessary—incapacity is sufficient
B rape under this statute focuses on consent—not necessarily force or specific intent
D lack of objection is irrelevant when the victim is unable to consent

37. A man broke into an electronics store after closing hours by removing a window panel and climbing inside. He wandered through the aisles, examined several items, and ultimately left without taking anything. Police, alerted by a silent alarm, arrived minutes later and arrested him in the alley behind the store. At trial, he was charged with burglary under a state statute that follows the traditional common law elements.

The defense argued that the man should not be convicted because he had not intended to commit a crime inside the building and had exited without taking property or causing damage. Surveillance footage showed him browsing but not tampering with display cases or disabling alarms. He claimed he entered out of curiosity and changed his mind once inside. The prosecution maintained that entry with criminal intent is sufficient, even if no theft occurs.

Should the man be convicted of burglary?

No, because he did not actually commit a crime inside the store
Yes, because unlawful entry with intent to commit theft satisfies burglary
No, because browsing merchandise is not indicative of criminal intent
Yes, because exiting without stealing does not negate criminal liability

Correct Answer: B

Explanation: Burglary under common law requires unlawful entry into a building with intent to commit a felony inside. Completion of the intended crime is not necessary—the entry with intent alone satisfies the offense. Even if the man changed his mind, the formation of criminal intent before entry makes the act criminal.

Why the other options are incorrect
A the crime doesn’t require actual commission—only intent at entry
C browsing may not show intent—but unlawful entry with tools and concealment supports it
D correct in principle—but B more precisely defines the legal threshold

38. Two teenagers argued outside a community center, and one swung a metal chain at the other’s head. The victim ducked, avoiding contact, and ran inside the building. The attacker was arrested and charged with aggravated assault. At trial, the defense contended that no physical injury occurred and that the charge should be reduced to attempted battery or simple assault.

Prosecutors introduced witness testimony describing the chain as heavy and dangerous and emphasizing the proximity and speed of the attack. Surveillance footage confirmed the swing narrowly missed the victim’s head. The defense argued that intent to injure was not proven and that no harm resulted, making aggravated assault inappropriate.

What is the most appropriate charge based on these facts?

Attempted battery
Simple assault
Aggravated assault
Reckless endangerment

Correct Answer: A

Explanation: Attempted battery occurs when a defendant attempts to make harmful physical contact but fails. If a dangerous weapon is used with intent to injure, the charge may be elevated—but actual contact is required for aggravated assault. The chain’s use shows intent and capability, but without contact, attempted battery is more appropriate.

Why the other options are incorrect
B simple assault may apply—but attempted battery better reflects the violent attempt
C aggravated assault requires actual contact or injury
D reckless endangerment lacks the purposeful swing and targeted aggression seen here

39. Police investigating a hit-and-run followed clues to a rural residence where the suspect was believed to be staying with his aunt. Without obtaining a warrant, officers entered the home and searched the garage, ultimately locating a damaged vehicle matching witness descriptions. The aunt, who owned the house, stated she had not given consent for the search and was not present at the time. The defendant moved to suppress evidence of the car’s condition and location.

At trial, the prosecution claimed that exigent circumstances justified the search due to ongoing risk to the public and that the defendant had no privacy interest in the home because he was not a listed occupant. The defense argued that the search violated Fourth Amendment protections and that his temporary residence with the aunt gave him a reasonable expectation of privacy in the garage and common areas.

Should the court suppress the evidence obtained from the garage?

No, because the suspect did not own the property searched
No, because exigent circumstances permitted a warrantless search
Yes, because the suspect had a reasonable expectation of privacy in the premises
Yes, because warrantless searches of dwellings require consent or probable cause with narrow exceptions

Correct Answer: C

Explanation: Fourth Amendment protections apply to individuals with a reasonable expectation of privacy in the place searched. Temporary residence, use of shared areas, and personal belongings at the location may establish that expectation. Without consent or a warrant—and absent clear exigency—the search of a residence’s interior, including garages, is generally impermissible.

Why the other options are incorrect
A ownership is not required—privacy interest can arise from residence
B exigent circumstances must be immediate and compelling—not general investigation
D correct in theory—but C better frames the legal justification for suppression here

40. A man was tried for felony fraud based on a complex financial scheme involving forged documents and false statements to investors. At trial, the judge instructed the jury that the burden was on the defendant to “refute the presumption of deceit” and that failure to adequately explain his conduct could be viewed as evidence of guilt. Defense counsel objected, arguing that the instructions violated the presumption of innocence and improperly shifted the burden of proof.

The prosecution claimed the statements were taken out of context and simply encouraged the jury to evaluate whether the defendant’s explanations matched the evidence. The judge later clarified that the government had to prove all elements of the crime, but did not retract the earlier statements. The defendant was convicted and appealed.

What is the strongest argument for reversing the conviction?

The jury instructions created confusion about the elements of the fraud statute
The judge improperly allowed the prosecution to define reasonable doubt
The instructions shifted the burden of proof and undermined the presumption of innocence
The defendant’s silence should not have been used against him in deliberations

Correct Answer: C

Explanation: The burden of proof in criminal cases lies entirely with the prosecution. Instructions that suggest the defendant must refute a presumption or provide an explanation impermissibly shift that burden. Even if later corrected, the initial statements can taint the jury’s understanding and violate constitutional guarantees.

Why the other options are incorrect
A confusion may exist—but C identifies the constitutional violation
B prosecutors may argue inference—but judicial instructions carry special authority
D the facts don’t suggest silence—focus was on explanation during testimony

41. A man sent a series of encrypted messages through a messaging app, offering money to anyone willing to “silence” a whistleblower before she could testify in a government investigation. One of the recipients, an acquaintance from a shooting range, responded with joking emojis and made no further contact. Authorities later decrypted the messages and arrested the sender, charging him with criminal solicitation under a statute prohibiting efforts to induce another to commit a felony.

At trial, the defense argued that the messages were vague and lacked specificity. He claimed that his words were metaphorical and expressed frustration, not actual recruitment. He also maintained that the recipient did not accept the offer or make plans to act. The prosecution introduced evidence that the sender had tracked the whistleblower’s location and had offered digital currency to keep the transaction hidden, showing intent to see the crime carried out.

What must the prosecution prove to establish solicitation?

That the recipient agreed to commit the requested offense
That the defendant intentionally encouraged another to commit a specific crime
That the message was explicit and referenced violence
That the offer was made to more than one person

Correct Answer: B

Explanation: Solicitation occurs when someone intentionally encourages, commands, or requests another to commit a criminal offense. Completion or agreement isn’t required. The key element is the purposeful inducement of criminal conduct. Vague language may weaken proof, but surveillance and preparatory acts support intent if clearly linked to an unlawful objective.

Why the other options are incorrect
A solicitation doesn’t require acceptance—only purposeful inducement
C messages don’t need to be explicit—context and surrounding conduct matter
D soliciting one person suffices for criminal liability

42. A woman living near a state border began selling prescription medication illegally to buyers across state lines. She used a local website and mailing services, shipping the drugs from her home in State A to customers in State B. After one package was intercepted, authorities in State B filed charges, alleging unlawful distribution of controlled substances. The woman moved to dismiss, arguing that State B lacked jurisdiction because she never left State A.

The prosecution contended that since the drugs were intended for and reached recipients in State B, that state had a legitimate interest and authority to prosecute. They pointed to digital messages advertising her services to residents and invoices showing shipments labeled for State B addresses. The defense emphasized that all physical acts occurred in State A and that interstate commerce concerns should be handled federally.

Which jurisdictional principle most supports State B’s prosecution?

Territorial jurisdiction allows prosecution where the defendant resides
Dual sovereignty permits both states to prosecute for the same act
Effects doctrine permits jurisdiction where criminal harm occurs
Constructive presence applies when a person intends to cross state lines

Correct Answer: C

Explanation: The effects doctrine allows a state to prosecute criminal conduct that causes harm within its borders, even if the defendant’s actions occur elsewhere. By targeting and delivering illegal substances to State B residents, the defendant caused unlawful effects in that jurisdiction. This principle supports State B’s authority to prosecute for local harm caused by out-of-state conduct.

Why the other options are incorrect
A defendant residence affects State A’s authority—not State B’s
B dual sovereignty applies to state-federal overlap—not two states
D constructive presence usually involves physical movement—not remote transactions

43. A man angry over being fired from his job drove to his former employer’s house late at night with a loaded gun, intending to confront him. Before arriving, the man drank heavily at a bar, consuming a dozen shots and becoming visibly intoxicated. Upon reaching the house, he fired three rounds into the garage door, damaging property but injuring no one. He was arrested and charged with attempted murder and criminal property destruction.

At trial, the defense presented evidence that the man’s intoxication was extreme and claimed he lacked the capacity to form specific intent. Surveillance showed him stumbling and slurring speech minutes before the shooting. The prosecution argued that he chose to drink before taking deliberate action and that intoxication should not excuse targeted violence.

Can the defendant claim intoxication as a defense to attempted murder?

Yes, because attempted murder is a specific intent crime requiring purposeful conduct
No, because voluntary intoxication is never a valid criminal defense
Yes, because his intoxication shows he didn’t understand the nature of his actions
No, because firing a gun shows clear intent regardless of alcohol consumption

Correct Answer: A

Explanation: Voluntary intoxication may be a defense to specific intent crimes—where the defendant must act purposefully toward a specific unlawful goal. Attempted murder requires intent to kill. If intoxication prevents formation of that intent, the defense may succeed. The property destruction may still be punishable, but attempted murder requires proven mens rea.

Why the other options are incorrect
B voluntary intoxication does not always preclude defense—depends on crime type
C understanding isn’t the standard—ability to form specific intent is key
D gun use may reflect danger—but not necessarily intent to kill

44. A defendant charged with burglary was represented by a court-appointed attorney who missed pretrial deadlines, failed to challenge key evidence, and didn’t request a suppression hearing despite questionable search procedures. During trial, the attorney confused facts about entry location and failed to cross-examine a critical witness. After conviction, the defendant appealed, arguing ineffective assistance of counsel.

The appellate court reviewed the case and considered whether the defense attorney’s conduct fell below professional standards and whether those failures affected the trial’s outcome. The prosecution claimed the evidence was strong regardless of errors, pointing to security footage and recovered tools found at the scene. The defendant emphasized that critical procedural opportunities were missed and that no alternative defense was presented.

What is the strongest basis for finding ineffective assistance?

The attorney misunderstood the elements of burglary and misled the jury
The attorney’s failure to challenge evidence created prejudice
The attorney did not request closing arguments and waived objections
The attorney missed procedural deadlines but presented a coherent defense

Correct Answer: B

Explanation: Under Strickland v. Washington, ineffective assistance of counsel requires showing deficient performance and resulting prejudice. When an attorney fails to challenge key evidence—such as illegally obtained items or suggestive identification—the result may be unreliable. The failure to seek suppression or cross-examine crucial witnesses undermines the adversarial process and meets both prongs.

Why the other options are incorrect
A misunderstanding may matter—but without prejudice it’s insufficient
C closing argument errors matter—but B better reflects prejudicial failure
D coherence is helpful—but missed motions and lost opportunities dominate the analysis

45. A teenager got into a fight at school and punched another student, who fell and hit his head on the corner of a metal desk. The victim was taken to a hospital, where doctors misdiagnosed the injury and delayed surgery. Several days later, complications led to the victim’s death. Prosecutors charged the teenager with homicide. The defense argued that medical negligence—not the punch—was the legal cause of death.

During trial, experts testified that prompt treatment could have prevented the outcome, but that the head trauma itself was serious enough to cause swelling and risk. The prosecution argued that the defendant caused the initial injury and that medical mishandling did not absolve liability. The jury had to determine whether the punch remained the proximate cause or whether the hospital’s failure broke the chain of causation.

What is the strongest argument for conviction?

That the punch was legally irrelevant once medical errors caused the death
That the victim’s head injury was minor and not the cause of swelling
That initial trauma was a substantial factor in the death and remained the proximate cause
That the doctors failed to properly diagnose the injury, creating superseding liability

Correct Answer: C

Explanation: In homicide cases, an intervening act only breaks causation if it is unforeseeable and supersedes the defendant’s conduct. Medical negligence is generally considered foreseeable and does not absolve criminal liability. If the initial injury was serious and contributed to the outcome, the original actor remains responsible under proximate cause principles.

Why the other options are incorrect
A legal relevance hinges on causation—not on subsequent events alone
B medical experts acknowledged that trauma caused swelling
D negligence may have worsened the outcome—but doesn’t override the first injury

46. A woman was convicted of larceny after trial, but the appellate court later reversed the conviction due to improper jury instructions. The reversal cited the trial judge’s failure to define “intent to permanently deprive” during the charge. The state then moved to retry the woman using corrected instructions, but she objected, claiming that a second trial would violate her rights under the Double Jeopardy Clause.

The state argued that a reversal based on procedural error did not prevent retrial, especially since no acquittal had occurred. The prosecution emphasized that the appellate decision left the verdict null and void but did not resolve factual guilt. Defense counsel maintained that the process had already subjected the defendant to extensive stress and litigation, and that retrying her would be punitive rather than remedial.

Can the state lawfully retry the defendant?

Yes, because reversal due to legal error permits retrial under double jeopardy doctrine
No, because the reversal functioned as an acquittal on the original charge
Yes, because larceny is not a capital offense and retrial imposes no special burden
No, because trial-level errors cannot be cured by multiple proceedings

Correct Answer: A

Explanation: The Double Jeopardy Clause bars multiple prosecutions for the same offense after acquittal or final resolution. However, when an appellate court reverses a conviction based on procedural or legal error, retrial is generally permitted. The defendant was not acquitted on the facts, and corrected instructions offer the state a valid second opportunity.

Why the other options are incorrect
B reversal for error is not equivalent to acquittal
C offense severity doesn’t control double jeopardy applicability
D constitutional doctrine allows curing errors through retrial unless a verdict resolved guilt

47. A college student spent the evening drinking heavily at several fraternity events and consumed numerous shots of high-proof alcohol. On his way home, he struck a pedestrian while driving and left the scene. The victim later died of head trauma. The student was charged with reckless homicide, and the defense asserted that his intoxication impaired his awareness and negated the reckless mental state required.

During trial, the prosecution emphasized that voluntary intoxication does not excuse recklessness and that the student chose to drive while impaired. Expert witnesses testified that his blood alcohol level was triple the legal limit, and that he had a long history of risky driving behavior. The defense claimed that because he lacked conscious disregard for the risk at that moment, he should not be held liable.

Can the defendant raise voluntary intoxication as a defense?

Yes, because intoxication undermines awareness of the risk and intent
No, because homicide charges always bar intoxication defenses
Yes, because he was involuntarily pressured to drink excessively
No, because voluntary intoxication does not negate recklessness

Correct Answer: D

Explanation: Reckless crimes require conscious disregard of a known risk, but voluntary intoxication is not a defense to such offenses. Courts hold individuals accountable for choosing to impair themselves and engaging in dangerous conduct. The decision to drive drunk is itself reckless, and intoxication cannot excuse resulting harm.

Why the other options are incorrect
A reckless crimes don’t require intent—awareness of risk persists through intoxication
B some homicide charges allow defenses—blanket exclusion is incorrect
C no facts suggest coercion or involuntary intoxication

48. Two men robbed a convenience store late at night. One brandished a weapon and ordered the cashier to empty the register, while the second waited in the car outside. After the robbery, both fled the scene together. Police later recovered security footage and arrested the getaway driver, who admitted he knew a crime was planned but claimed he didn’t know weapons would be used. He was charged with felony murder after a bystander died of cardiac arrest during the robbery.

The defense argued that because the driver wasn’t inside and didn’t cause the death directly, he shouldn’t be held liable. Prosecutors emphasized that he aided the commission of the felony and shared the criminal objective. The victim’s death occurred during the felony, and participation in any part of the crime made the driver equally responsible under applicable law.

Which charge is most appropriate?

Robbery but not felony murder, due to lack of direct involvement
Accessory after the fact, based on his role in escape
Felony murder, based on participation in a dangerous felony that led to death
Conspiracy, because there was prior planning but no direct causation

Correct Answer: C

Explanation: Felony murder applies to all participants in an inherently dangerous felony when a death results—even unintended or indirect. The getaway driver aided the commission and flight of the robbery. His awareness and involvement render him liable for the resulting death, regardless of causation or physical presence.

Why the other options are incorrect
A physical presence isn’t required for felony murder liability
B accessory applies only after completion, not active facilitation
D conspiracy may apply, but felony murder better addresses liability from the death

49. Officers investigating a stolen property ring visited an apartment shared by two roommates. One roommate was present and gave verbal consent for police to search the living room and common areas. Officers proceeded to open a bedroom door belonging to the absent roommate and found stolen electronics. The absent roommate later challenged the search, arguing that his co-tenant lacked authority to grant access to his private room.

At trial, the prosecution claimed that the search was lawful because consent was freely given by someone who lived at the premises. Officers had not been told the room was private, and the door was unlocked. The defense emphasized that the roommate had sole access and had previously made clear that others were not permitted to enter without permission.

Was the search constitutionally valid?

No, because consent must come from someone with mutual access and authority
Yes, because all areas of a shared residence are open to consent by a co-occupant
No, because police entered a clearly private space without direct consent or a warrant
Yes, because lack of physical barriers suggests implied joint access

Correct Answer: C

Explanation: Consent to search from a co-occupant generally applies only to shared spaces. Private bedrooms or areas reserved for exclusive use require direct consent or a warrant. The absent roommate’s expectation of privacy and sole control over the room render the search constitutionally impermissible.

Why the other options are incorrect
A mutual access isn’t shown here—only shared address
B consent is limited to common spaces—not exclusive ones
D unlocked doors don’t remove privacy rights when intent to exclude is established

50. A defendant convicted of armed robbery received a 50-year sentence under a three-strikes law, based on prior convictions for nonviolent property crimes. The trial judge noted that although the defendant had never used a weapon before, the statutory enhancement required a mandatory minimum. The defendant appealed, arguing that the punishment was grossly disproportionate and violated the Eighth Amendment.

On appeal, the court reviewed the underlying offenses and noted that the defendant’s prior crimes included shoplifting and minor fraud charges. The prosecution defended the sentence as within the statute and aimed at deterring habitual offenders. The appellate court had to determine whether mandatory sentencing under three-strikes laws can be unconstitutional when applied to nonviolent recidivists.

Should the appellate court vacate the sentence?

Yes, because mandatory enhancements may violate proportionality for minor priors
No, because armed robbery is a serious offense meriting substantial punishment
Yes, because the defendant’s prior convictions did not include felonies
No, because statutory sentencing limits are not subject to constitutional review

Correct Answer: A

Explanation: While legislatures may impose mandatory enhancements, the Eighth Amendment prohibits grossly disproportionate sentences. When minor prior offenses trigger harsh penalties for a more serious—but still isolated—crime, courts may find the punishment excessive. Judicial review protects against mechanistic sentencing that fails to account for context.

Why the other options are incorrect
B seriousness matters—but prior offenses and proportionality must be weighed
C priors were minor felonies—severity varies
D constitutional review does apply to sentencing under the Eighth Amendment

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Criminal Law and Procedure (Exam-level) Question Pack - Questions and Answers

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