Criminal Law and Procedure (Foundational) Question Pack - Questions and Answers

1. A defendant stabbed a victim once in the chest during a heated argument. The medical examiner testified that the stab wound alone would have killed the victim instantly.

What is the most appropriate homicide charge?

  1. Voluntary manslaughter.
  2. First-degree murder.
  3. Second-degree murder.
  4. Involuntary manslaughter.

Correct Answer: B

Explanation: A deliberate and premeditated intent to kill supports first-degree murder. A single stab to a vital area during a heated exchange can satisfy premeditation if evidence shows it was more than impulsive.

Why the other options are incorrect
A applies only if provocation negates premeditation.
C is insufficient if evidence supports deliberation.
D applies to unintended killings, not purposeful acts.

2. During a burglary, a defendant knocked over a candle, causing a fire that killed a sleeping resident.

What charge is most appropriate?

  1. Voluntary manslaughter.
  2. Misdemeanor manslaughter.
  3. Felony murder.
  4. Negligent homicide.

Correct Answer: C

Explanation: Felony murder applies to unintended deaths during the commission or attempted commission of a dangerous felony like burglary.

Why the other options are incorrect
A requires intent and provocation.
B applies to deaths caused by non-felony crimes.
D fits negligent acts without an underlying felony.

3. A defendant pickpocketed a wallet from a tourist’s coat. The tourist noticed immediately and grabbed the defendant, who punched the tourist and fled.

Which offense is most applicable?

  1. Larceny.
  2. Robbery.
  3. Assault.
  4. Burglary.

Correct Answer: B

Explanation: Robbery involves taking property by force or threat. The punch during escape elevates the theft to robbery due to force used in furtherance of the crime.

Why the other options are incorrect
A is theft without force.
C is present, but robbery incorporates assault.
D requires unlawful entry, not present here.

4. After consuming alcohol voluntarily, a defendant mistakenly thought a pedestrian was a monster and shot him.

What is the best defense?

  1. Intoxication negates intent.
  2. Mistake of law.
  3. Mental disorder.
  4. Voluntary intoxication is not a defense to general intent crimes.

Correct Answer: D

Explanation: Voluntary intoxication is not a defense to general intent crimes like homicide or battery. It may be considered only for specific intent offenses.

Why the other options are incorrect
A may apply to specific intent but not here.
B mistake of law is almost never a defense.
C requires diagnosis, not drunken misperception.

5. A defendant was arrested after a traffic stop, and officers discovered narcotics in the trunk without a warrant or consent.

Which constitutional principle is most relevant?

  1. Privilege against self-incrimination.
  2. Sixth Amendment right to counsel.
  3. Exclusionary rule under the Fourth Amendment.
  4. Double jeopardy clause.

Correct Answer: C

Explanation: Unlawful searches violate the Fourth Amendment. Evidence found during unconstitutional searches is inadmissible under the exclusionary rule.

Why the other options are incorrect
A applies to confessions, not physical evidence.
B arises after formal charges.
D is unrelated to search and seizure.

6. A defendant agreed with a friend to break into a warehouse and steal electronics. Before acting, the friend backed out. The defendant attempted the crime alone but was caught at the door.

What crime has the defendant committed?

  1. Conspiracy only.
  2. Attempt only.
  3. Solicitation and attempt.
  4. Conspiracy and attempt.

Correct Answer: B

Explanation: Conspiracy requires at least two participants intending to commit the crime. If one backs out, the other cannot be convicted of conspiracy. Attempt is valid due to the substantial step taken.

Why the other options are incorrect
A fails due to withdrawal.
C solicitation requires urging action, wasn’t shown.
D requires two guilty parties.

7. While fleeing police, a suspect ran through a neighbor’s house to escape, damaging property along the way.

What is the strongest criminal charge?

  1. Trespass.
  2. Burglary.
  3. Arson.
  4. Robbery.

Correct Answer: B

Explanation: Burglary is unlawful entry into a structure with intent to commit a felony therein. Entering a home to evade arrest and cause damage may meet the intent element.

Why the other options are incorrect
A is a lesser offense.
C requires fire.
D needs theft and force.

8. A defendant failed to feed his child for several days, leading to serious malnutrition.

Which legal principle is most relevant?

  1. Omission liability.
  2. Reckless causation.
  3. Felony murder.
  4. Justification defense.

Correct Answer: A

Explanation: Liability may arise from a failure to act where duty is imposed—like parental obligations. Omission can satisfy the act requirement.

Why the other options are incorrect
B applies to action, not omission.
C is unrelated unless a felony was underway.
D doesn’t justify neglect.

9. After being arrested, a defendant was interrogated without being read Miranda rights. He confessed and was convicted.

What constitutional protection was violated?

  1. Fourth Amendment search and seizure.
  2. Fifth Amendment privilege against self-incrimination.
  3. Sixth Amendment right to a fair trial.
  4. Eighth Amendment protection from cruel punishment.

Correct Answer: B

Explanation: The Fifth Amendment protects against compelled self-incrimination. Miranda warnings are required before custodial interrogation.

Why the other options are incorrect
A concerns physical evidence.
C applies to trial conduct.
D involves sentencing, not interrogation.

10. A defendant was tried for assault but acquitted. The prosecutor then filed new charges based on the same incident.

What is the best defense?

  1. Lack of jurisdiction.
  2. Exclusionary rule.
  3. Double jeopardy.
  4. Right to counsel violation.

Correct Answer: C

Explanation: The Fifth Amendment prohibits multiple prosecutions for the same offense once acquitted.

Why the other options are incorrect
A doesn’t apply if court is proper.
B applies to evidence, not prosecution.
D relates to legal representation, not duplicate charges.

11. A man broke into a car intending to steal the stereo. Before he could remove it, police arrested him.

What is the most appropriate charge?

  1. Burglary.
  2. Attempted larceny.
  3. Trespass.
  4. Conspiracy.

Correct Answer: B

Explanation: Attempt applies when a person takes a substantial step toward committing a crime with the requisite intent. Here, he intended theft and began executing the plan.

Why the other options are incorrect
A requires unlawful entry into a structure, not a vehicle.
C is too minor, mere unauthorized entry without intent.
D requires agreement between two or more people.

12. A defendant was found wandering in an empty parking lot after midnight carrying a crowbar. No crimes were reported, and he had committed none.

Which doctrine is most relevant?

  1. Strict liability.
  2. Reasonable suspicion.
  3. Actus reus.
  4. Attempt.

Correct Answer: C

Explanation: Criminal liability requires a voluntary act or omission. Merely being in possession of tools without intent or action does not satisfy actus reus.

Why the other options are incorrect
A applies to offenses without mental state, not relevant here.
B governs police stops, not criminal liability.
D requires a substantial step toward a crime.

13. A woman coerced her friend into breaking into a house to steal electronics. She waited outside and drove him away afterward.

What is her criminal liability?

  1. She is guilty only if she entered the house.
  2. She is guilty as a principal.
  3. She is guilty of accessory after the fact.
  4. She is not guilty because she didn’t commit the theft.

Correct Answer: B

Explanation: Under modern law, parties aiding, encouraging, or directing criminal conduct are treated as principals if they participate before or during the crime.

Why the other options are incorrect
A confuses physical entry with culpability.
C applies to assistance after completion of crime.
D ignores her active involvement.

14. A defendant fired into a crowd intending to injure one person but missed and hit another. The injured person died.

Which principle supports charging the defendant with homicide?

  1. Merger doctrine.
  2. Felony murder rule.
  3. Transferred intent.
  4. Reckless disregard.

Correct Answer: C

Explanation: Transferred intnt allows intent to harm one person to be used for unintended victims. Intent transfers to resulting harm, supporting homicide.

Why the other options are incorrect
A applies to inchoate offenses.
B applies to deaths during felonies.
D may support a lesser charge but doesn’t capture intent.

15. Police entered a suspect’s home without a warrant and found incriminating evidence. At trial, they claimed it was urgent due to possible destruction of documents.

What is the legal doctrine at issue?

  1. Plain view exception.
  2. Consent exception.
  3. Exigent circumstances exception.
  4. Search incident to arrest.

Correct Answer: C

Explanation: The exigent circumstances doctrine permits warrantless entry if delay would risk evidence destruction or threat to safety.

Why the other options are incorrect
A requires lawful entry.
B wasn’t obtained.
D requires a lawful arrest, none occurred.

16. A defendant was arrested and brought to trial but the court failed to appoint counsel despite his indigence. He was convicted.

Which constitutional right was violated?

  1. Fourth Amendment protection against unreasonable searches.
  2. Fifth Amendment protection against self-incrimination.
  3. Sixth Amendment right to counsel.
  4. Eighth Amendment protection against excessive bail.

Correct Answer: C

Explanation: Indigent defendants facing imprisonment have a constitutional right to counsel under the Sixth Amendment.

Why the other options are incorrect
A relates to police conduct.
B concerns interrogation.
D deals with pretrial release.

17. A driver, distracted by texting, hit a pedestrian who later died. There was no intent to injure.

What is the most appropriate criminal charge?

  1. Voluntary manslaughter.
  2. Involuntary manslaughter.
  3. Second-degree murder.
  4. Assault with a deadly weapon.

Correct Answer: B

Explanation: Involuntary manslaughter covers unintentional killings resulting from criminal negligence or recklessness, such as distracted driving.

Why the other options are incorrect
A requires provocation and intent.
C applies to intentional killings without premeditation.
D doesn’t apply, death occurred.

18. A defendant believed the law allowed him to take a neighbor’s abandoned bicycle and did so. He was charged with theft.

What is the best defense?

  1. Mistake of law.
  2. Mistake of fact.
  3. Entrapment.
  4. Justification.

Correct Answer: B

Explanation: A good-faith mistake about facts (thinking the bike was abandoned) can negate intent. Mistake of law is generally not a defense.

Why the other options are incorrect
A usually fails as a defense.
C requires government inducement.
D involves necessity or self-defense.

19. Police arrested a suspect and placed him in a lineup without notifying his attorney. No waiver was given.

 Which constitutional principle applies?

  1. Sixth Amendment right to counsel at critical stages.
  2. Fifth Amendment right against compelled statements.
  3. Fourth Amendment search protections.
  4. Eighth Amendment cruel punishment clause.

Correct Answer: A

Explanation: Post-charge lineups are critical stages requiring counsel or valid waiver under the Sixth Amendment.

Why the other options are incorrect
B applies to verbal admissions.
C governs physical intrusions.
D applies after conviction.

20. After conviction, a defendant appealed claiming the prosecutor withheld evidence favorable to the defense.

Which principle applies?

  1. Harmless error doctrine.
  2. Brady violation.
  3. Due process notice requirement.
  4. Double jeopardy.

Correct Answer: B

Explanation: Brady violations occur when prosecutors suppress exculpatory material, violating the defendant’s due process rights.

Why the other options are incorrect
A applies if the error wouldn’t affect outcome.
C deals with procedural fairness, not evidence.
D is not implicated post-conviction.

21. A defendant was involved in a bar fight and punched another patron once in the face. The patron died from a rare preexisting condition aggravated by the punch.

What is the most appropriate charge?

  1. Second-degree murder.
  2. Involuntary manslaughter.
  3. Voluntary manslaughter.
  4. Negligent homicide.

Correct Answer: B

Explanation: An unintended killing resulting from a reckless act—like a punch—is involuntary manslaughter, even if the victim had an unusual vulnerability.

Why the other options are incorrect
A requires implied malice or intent.
C applies only with provocation.
D is a lesser charge, often involving gross negligence.

22. A defendant set fire to a shed owned by his neighbor during an argument. He mistakenly believed it was unoccupied, but a pet died inside.

What is the strongest charge?

  1. Trespass.
  2. Robbery.
  3. Arson.
  4. Attempted murder.

Correct Answer: C

Explanation: Arson involves intentionally burning property. Even if unoccupied and mistaken about its contents, burning another’s structure qualifies.

Why the other options are incorrect
A is too limited, entry not involved.
B requires theft plus force.
D fails, no intent to kill was shown.

23. A defendant entered into an agreement with two others to steal electronics. One conspirator later withdrew and warned the police. The other two proceeded.

Is the withdrawing conspirator liable?

  1. No, because withdrawal cancels the conspiracy.
  2. Yes, because conspiracy is complete once the agreement and overt act occur.
  3. No, because the conspiracy was never executed.
  4. Yes, but only for the attempted theft.

Correct Answer: B

Explanation: Withdrawal does not negate liability for conspiracy already formed. Once agreement and overt act happen, liability attaches.

Why the other options are incorrect
A misstates timing, withdrawal affects future liability, not past.
C is incorrect, the crime was complete at planning stage.
D applies if additional acts occurred, not shown here.

24. Police stopped a driver for speeding and asked to search the trunk. The driver refused, but police searched anyway and found contraband. No warrant was obtained.

Which rule applies?

  1. Exclusionary rule due to Fourth Amendment violation.
  2. Terry stop exception.
  3. Search incident to arrest.
  4. Inventory search doctrine.

Correct Answer: A

Explanation: Warrantless searches without consent or an applicable exception violate the Fourth Amendment and trigger exclusion of evidence.

Why the other options are incorrect
B allows limited frisk, not trunk search.
C applies only if valid arrest occurs.
D requires impoundment first.

25. A defendant was convicted of theft and sentenced to 25 years in prison under a habitual offender statute. He appealed, arguing the sentence was disproportionate.

Which constitutional provision applies?

  1. Due Process Clause.
  2. Equal Protection Clause.
  3. Eighth Amendment.
  4. Sixth Amendment.

Correct Answer: C

Explanation: The Eighth Amendment prohibits cruel and unusual punishment, including sentences grossly disproportionate to the offense.

Why the other options are incorrect
A deals with fairness, but not sentencing limits.
B governs classifications, not penalties.
D protects trial rights, not punishment terms.

26. After a fight, a defendant drove to a rival’s house and fired five shots toward the front door, hitting no one.

What is the most appropriate charge?

  1. Attempted murder.
  2. Battery.
  3. Felony murder.
  4. Involuntary manslaughter.

Correct Answer: A

Explanation: Intentional conduct strongly corroborative of a desire to kill, like firing at a home supports attempted murder, even without injury.

Why the other options are incorrect
B requires physical contact.
C requires a death.
D doesn’t fit deliberate intent.

27. A man falsely reported a robbery to police, claiming his coworker was the thief. Based on the tip, the coworker was arrested. Later, the man admitted he lied.

What is the man’s most appropriate charge?

  1. Obstruction of justice.
  2. False imprisonment.
  3. Conspiracy.
  4. Theft.

Correct Answer: A

Explanation: Knowingly providing false information to law enforcement impedes justice, justifying a charge of obstruction.

Why the other options are incorrect
B applies to unlawful restraint, not present here.
C requires agreement between two parties.
D isn’t implicated, no property taken.

28. A defendant was arrested and confessed before being read his Miranda rights. The confession was used at trial.

What is the likely result?

  1. The confession is admissible because it was voluntary.
  2. The confession violates the Fourth Amendment.
  3. The confession must be excluded under the Fifth Amendment.
  4. The confession violates the Sixth Amendment.

Correct Answer: C

Explanation: Miranda protects against compelled self-incrimination. Custodial interrogation without warnings renders statements inadmissible.

Why the other options are incorrect
A misses the constitutional requirement.
B governs searches, not statements.
D applies post-charging.

29. A defendant attempted to withdraw cash from an ATM using a stolen card, but the machine malfunctioned and provided no funds.

 What crime has been committed?

  1. Theft.
  2. Attempted theft.
  3. Trespass.
  4. Possession of stolen property only.

Correct Answer: B
Explanation: A substantial step toward a crime, even if unsuccessful, qualifies as attempt. Here, using a stolen card with intent to withdraw funds fits.

Why the other options are incorrect
A wasn’t completed, no funds taken.
C doesn’t fit ATM use.
D applies but doesn’t address the action taken.

30. A party goer was tried for assault in state court and acquitted. Federal prosecutors then charged him with violating federal civil rights statutes based on the same conduct.

Is this constitutional?

  1. No, due to double jeopardy.
  2. Yes, under the dual sovereign doctrine.
  3. No, because federal court lacks jurisdiction.
  4. Yes, only if new evidence is introduced.

Correct Answer: B

Explanation: Dual sovereign doctrine permits separate sovereigns—state and federal—to prosecute for distinct offenses arising from the same conduct.

Why the other options are incorrect
A doesn’t bar separate sovereign prosecutions.
C misstates federal jurisdiction rules.
D has no bearing on double jeopardy.

31. During a protest in a city square, a college student threw a water bottle at a police officer, striking him in the chest. The officer suffered no injuries.

What’s the strongest applicable charge?

  1. Battery.
  2. Disorderly conduct.
  3. Assault.
  4. Harassment.

Correct Answer: C

Explanation: Assault includes intentional acts that cause harmful or offensive contact or apprehension thereof. Throwing an object at an officer meets the act and intent elements.

Why the other options are incorrect
A requires actual injury or harmful contact, may not apply here.
B may be relevant but doesn’t capture physical aggression.
D typically involves repeated or verbal conduct.

32. An emergency room nurse administered an incorrect dosage to a patient due to fatigue, resulting in severe complications. The hospital reported the incident.

What criminal charge is most likely?

  1. Reckless endangerment.
  2. Involuntary manslaughter.
  3. Criminal negligence.
  4. Attempted homicide.

Correct Answer: C

Explanation: Criminal negligence involves a gross deviation from the standard of care, such as administering medication negligently despite professional training.

Why the other options are incorrect
A involves conduct creating risk, not harm.
B applies only if death occurs.
D requires intent to kill.

33. A high school senior convinced a classmate to break into the chemistry lab after hours and steal lab equipment. The classmate acted alone and was caught.

What is the senior’s liability?

  1. No liability, because he didn’t participate.
  2. Conspiracy.
  3. Solicitation.
  4. Burglary.

Correct Answer: C

Explanation: Solicitation punishes the act of urging or encouraging another to commit a crime, even if the solicitor does not participate.

Why the other options are incorrect
A ignores the solicitation act.
B requires mutual agreement and overt act.
D applies to the one who entered the building.

34. An executive was arrested for insider trading and held overnight. The next morning, police conducted a lineup without notifying her lawyer, even though formal charges had been filed.

Which constitutional protection applies?

  1. Fifth Amendment privilege against self-incrimination.
  2. Sixth Amendment right to counsel.
  3. Fourth Amendment protection against unlawful arrest.
  4. Eighth Amendment protection against excessive detention.

Correct Answer: B

Explanation: After formal charges, lineups are considered “critical stages” requiring counsel unless waived. Lack of notification violates the Sixth Amendment.

Why the other options are incorrect
A involves custodial interrogation.
C applies to initial arrest, not post-charge procedures.
D is not implicated by short-term detention.

35. A teen hacked into a school’s server and altered grades. He did not steal money or physical property.

What criminal offense applies?

  1. Fraud.
  2. Larceny.
  3. Trespass.
  4. Unauthorized use of property.

Correct Answer: D

Explanation: Interfering with digital systems without consent often constitutes unauthorized use or access, even if no tangible item is taken.

Why the other options are incorrect
A may apply if deception leads to gain—not clear here.
B requires physical property.
C applies to land or buildings.

36. A traveling salesperson lied about her identity to obtain access to a restricted conference and took a promotional tablet device.

What’s the most appropriate charge?

  1. Theft.
  2. Robbery.
  3. Burglary.
  4. Fraud.

Correct Answer: A

Explanation: Theft involves intentionally taking property without consent. Lying to gain access and then taking something fits.

Why the other options are incorrect
B requires force or threat.
C involves unlawful entry, not shown.
D may support a secondary charge but theft captures the core conduct.

37. While hiking alone, a man discovered an unguarded marijuana farm on public land. He took several plants and later shared them with friends.

What crime has occurred?

  1. No crime—property was unguarded.
  2. Possession of a controlled substance.
  3. Trespass and arson.
  4. Cultivation of narcotics.

Correct Answer: B

Explanation: Possessing controlled substances without authorization, regardless of how obtained, is a criminal offense in most jurisdictions.

Why the other options are incorrect
A ignores controlled substance laws.
C lacks evidence of fire or unauthorized presence.
D applies to growing, not taking.

38. A defendant tried in state court for property damage was acquitted. Days later, he was charged federally for environmental harm based on the same incident.

 Is the second prosecution constitutional?

  1. No, double jeopardy bars subsequent charges.
  2. Yes, under the exception for environmental violations.
  3. No, because the federal case relies on same witnesses.
  4. Yes, because separate sovereigns may prosecute.

Correct Answer: D

Explanation: Under the dual sovereign doctrine, state and federal governments can prosecute the same conduct under separate laws.

Why the other options are incorrect
A misstates double jeopardy’s limitations.
B does not create a stand-alone exception.
C witness overlap doesn’t affect constitutionality.

39. At a house party, a host became intoxicated and locked guests inside as a prank. Several guests panicked and called police.

What offense has the host likely committed?

  1. False imprisonment.
  2. Kidnapping.
  3. Disorderly conduct.
  4. Attempted homicide.

Correct Answer: A

Explanation: False imprisonment involves unlawfully restraining another’s movement. Locking guests inside qualifies, even without transport or harm.

Why the other options are incorrect
B requires movement or concealment.
C may apply but doesn’t capture restraint.
D is unsupported, no intent to kill shown.

40. A police officer overheard a suspect’s confession during a private phone call in a holding cell, without the suspect knowing.

Can the confession be used in court?

  1. Yes, because no interrogation occurred.
  2. No, because it violates the Fifth Amendment.
  3. No, because it violates the Sixth Amendment.
  4. No, because it violates Miranda.

Correct Answer: A

Explanation: Voluntary statements not made in response to questioning are admissible. Passive listening doesn’t trigger Fifth Amendment protections.

Why the other options are incorrect
B only applies if confession was compelled.
C requires formal charges and government action.
D applies to custodial interrogation, not spontaneous statements.

41. A retired park ranger left traps along a hiking trail to catch trespassers. One trap seriously injured a jogger. The ranger claimed he was protecting private land.

What’s the most appropriate criminal charge?

  1. Reckless endangerment.
  2. Battery.
  3. Assault with a deadly weapon.
  4. Criminal negligence.

Correct Answer: C

Explanation: Setting traps that cause serious bodily harm reflects intent or extreme recklessness, making assault with a deadly weapon applicable.

Why the other options are incorrect
A is lesser, does not require actual harm.
B may apply but is less precise given weapon use.
D applies to unintentional harm.

42. An accountant hacked into a competitor’s system and copied client data but did not alter or sell it.

What crime was committed?

  1. Conspiracy.
  2. Burglary.
  3. Theft.
  4. Unauthorized access of protected information.

Correct Answer: D

Explanation: Gaining unauthorized access to protected systems, even without causing harm or financial loss, is a criminal offense under data laws.

Why the other options are incorrect
A requires agreement with others.
B requires unlawful physical entry.
C requires unlawful taking with intent to deprive, less clear here.

43. A college student downloaded copyrighted exam answers from a shared drive and submitted them without modification.

What legal principle is most relevant?

  1. Fraud.
  2. Cheating is academic, not criminal.
  3. Theft of services.
  4. Possession of stolen property.

Correct Answer: D

Explanation: Receiving stolen or unauthorized material with intent to benefit may be charged as possession of stolen property.

Why the other options are incorrect
A may apply if deception causes loss but not primary here.
B ignores criminal aspects when property is involved.
C misapplies the concept, services weren’t stolen.

44. During a booking for trespassing, police placed a suspect in a cell and failed to advise him of Miranda rights. The suspect spontaneously confessed to theft.

Is the confession admissible?

  1. No, because Miranda was required at booking.
  2. Yes, because there was no interrogation.
  3. No, because the suspect was in custody.
  4. Yes, because theft was unrelated.

Correct Answer: B

Explanation: Miranda applies only to custodial interrogation. Voluntary, unsolicited statements are generally admissible.

Why the other options are incorrect
A overextends Miranda, booking isn’t interrogation.
C ignores the interrogation requirement.
D misstates relevance rules.

45. A small business owner was charged and acquitted for environmental violations. The city later brought civil penalties for the same incident.

Which doctrine applies?

  1. Double jeopardy bars the second action.
  2. Res judicata precludes civil enforcement.
  3. The civil suit is valid because it is non-criminal.
  4. Estoppel prevents new charges.

Correct Answer: C

Explanation: Double jeopardy applies only to criminal prosecutions. Civil penalties may follow even after acquittal without violating constitutional rights.

Why the other options are incorrect
A applies only between criminal cases.
B may apply only with same parties.
D doesn’t bar separate forms of enforcement.

46. A defendant was tried and convicted of arson. On appeal, he claimed the jury was biased due to pretrial publicity and a denied change of venue.

Which constitutional protection is implicated?

  1. Due process and fair trial.
  2. Equal protection.
  3. Double jeopardy.
  4. Sixth Amendment right to counsel.

Correct Answer: A

Explanation: Media influence and denial of fair venue may violate the defendant’s right to due process and a fair trial.

Why the other options are incorrect
B applies to discriminatory treatment.
C doesn’t affect trial process.
D concerns representation, not impartiality.

47. A musician was arrested for possession of pills labeled as dietary supplements, but containing a controlled substance. She believed they were legal.

What defense might succeed?

  1. Mistake of law.
  2. Mistake of fact.
  3. Strict liability.
  4. Necessity.

Correct Answer: B

Explanation: Mistake of fact may negate the required mens rea if the defendant reasonably believed the substance was lawful.

Why the other options are incorrect
A rarely succeeds.
C applies where intent isn’t required but many drug laws demand knowledge.
D doesn’t fit, no emergency involved.

48. A defendant charged with rape claimed he believed the victim consented. The state requires knowledge of lack of consent.

What doctrine applies?

  1. Mistake of fact can negate mens rea.
  2. Ignorance of the law is no excuse.
  3. Consent is never a defense to rape.
  4. General intent precludes mistake.

Correct Answer: A

Explanation: If the crime requires a specific mental state—knowledge—then a good-faith mistake of fact may negate guilt.

Why the other options are incorrect
B applies to legal misunderstandings.
C is incorrect, consent can be a defense if valid.
D misstates how mens rea operates.

49. During jury selection in a kidnapping trial, the prosecutor excluded all jurors of a specific race. Defense objected.

Which constitutional principle applies?

  1. Equal Protection Clause.
  2. Due Process Clause.
  3. Sixth Amendment.
  4. Eighth Amendment.

Correct Answer: A

Explanation: Systematic exclusion based on race violates the Equal Protection Clause under Batson v. Kentucky.

Why the other options are incorrect
B ensures fairness but doesn’t address discrimination.
C governs right to trial, not juror selection.
D applies to sentencing.

50. A defendant pled guilty to robbery after being told the sentence would be probation. The judge imposed 10 years. He appealed. 

Which principle is most relevant?

  1. Plea bargains are binding on the judge.
  2. Due process requires voluntariness and knowledge of consequences.
  3. Judges may alter charges post-plea.
  4. The sentence violates double jeopardy.

Correct Answer: B

Explanation: Pleas must be informed and voluntary. If the defendant misunderstood the consequences, due process may require withdrawal.

Why the other options are incorrect
A misstates sentencing authority.
C isn’t allowed, judge can’t change charges.
D doesn’t apply, only one prosecution occurred.