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U.S.Const. amend. V.
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1If the same criminal conduct violates both a state law and a federal law, may a defendant be tried and convicted for violating both laws?
If the same criminal conduct violates both a state law and a federal law, may a defendant be tried and convicted for violating both laws?2Are there any federal common law crimes?
Are there any federal common law crimes?3Under what authority do states enact criminal laws?
Under what authority do states enact criminal laws?4What is the Model Penal Code (MPC)?
What is the Model Penal Code (MPC)?5What is the due-process principle of fair warning?
What is the due-process principle of fair warning?6What is the rule of lenity?
What is the rule of lenity?7Does the Eighth Amendment prohibition against cruel and unusual punishment apply to both the state and the federal government?
Does the Eighth Amendment prohibition against cruel and unusual punishment apply to both the state and the federal government?8What is an ex post facto law?
What is an ex post facto law?9What is a felony?
What is a felony?10What is a misdemeanor?
What is a misdemeanor?11What is a violation?
What is a violation?12What are the elements of a crime?
What are the elements of a crime?13What is the definition of actus reus under the MPC?
What is the definition of actus reus under the MPC?14Is possession an act that can satisfy the actus reus requirement for a crime?
Is possession an act that can satisfy the actus reus requirement for a crime?15What is an omission?
What is an omission?16If a defendant is physically incapable of acting, may the defendant be liable for a failure to act?
If a defendant is physically incapable of acting, may the defendant be liable for a failure to act?17A police officer pulled a driver over for a routine traffic stop. During the stop, the officer inadvertently shot and wounded the driver. The wound...
A police officer pulled a driver over for a routine traffic stop. During the stop, the officer inadvertently shot and wounded the driver. The wounded driver overpowered the officer, took his gun, and fatally shot him. The driver was arrested and charged with an intentional homicide. At trial, the driver testified that the gunshot wound he received caused him to fall into a dissociative fugue state, in which he lost all control over his bodily actions. In that fugue state, the driver grabbed the officer's gun and shot the officer dead. The driver's testimony about the fugue state was deemed admissible and was credited by the jury. Has the driver committed the actus reus for an intentional homicide?18A driver was stopped at a traffic light in front of a bank. A woman who had just robbed the bank ran from the bank to the driver’s car. The woman o...
A driver was stopped at a traffic light in front of a bank. A woman who had just robbed the bank ran from the bank to the driver’s car. The woman opened the front passenger door, jumped in, put a gun to the driver's head, and said, "Drive!" The driver complied. As the vehicle approached a police blockade, the woman pressed the gun barrel firmly against the driver's right temple and said, "Keep driving!" The driver kept driving and ran down one of the officers manning the blockade. The officer died.Has the driver committed the actus reus of murder?19What is mens rea?
What is mens rea?20What is a general-intent crime?
What is a general-intent crime?21What is a specific-intent crime?
What is a specific-intent crime?22What are the four criminally culpable mental states under the MPC, in descending order of severity?
What are the four criminally culpable mental states under the MPC, in descending order of severity?23What does the mens rea purposely require?
What does the mens rea purposely require?24If a crime requires a particular type of conduct or circumstances, what does the mens rea knowingly require?
If a crime requires a particular type of conduct or circumstances, what does the mens rea knowingly require?25An employee slipped arsenic into his boss's coffee. The boss drank the coffee and died. The jurisdiction defines murder as "knowingly causing the d...
An employee slipped arsenic into his boss's coffee. The boss drank the coffee and died. The jurisdiction defines murder as "knowingly causing the death of another person.” At trial, the defense presented expert testimony that arsenic, if ingested, is fatal in approximately 97 percent of cases. Based on that testimony, the defendant argued that he could not have known that the arsenic would kill the boss. There was, after all, a three-percent possibility that the boss would have survived. Applying the MPC's definitions of culpability, does the expert's testimony, if credited, bar the jury from lawfully convicting the defendant of murder?26In the context of mens rea, what is willful blindness?
In the context of mens rea, what is willful blindness?27What does the mens rea recklessly require?
What does the mens rea recklessly require?28A teenager was looking at insects with a large magnifying glass near bales of hay inside an abandoned barn. A sunbeam traveled through the magnifyi...
A teenager was looking at insects with a large magnifying glass near bales of hay inside an abandoned barn. A sunbeam traveled through the magnifying glass onto a bale of hay. The magnified light caused the hay to catch fire, which caused the barn to burn down. The teenager was arrested and charged with reckless burning, an offense under the MPC. At trial, the teenager testified that he never imagined that the magnifying glass would cause a fire.If the jury were to believe this testimony, could it lawfully convict the teenager of reckless burning under the MPC?29What does the mens rea negligently require?
What does the mens rea negligently require?30Under the MPC, what is the difference between recklessness and negligence?
Under the MPC, what is the difference between recklessness and negligence?31In the context of criminal law, what is the definition of strict liability?
In the context of criminal law, what is the definition of strict liability?32Under what circumstances may strict liability apply to a criminal offense under the MPC?
Under what circumstances may strict liability apply to a criminal offense under the MPC?33If a criminal statute does not specify a required mens rea (or culpability), under what circumstances is a federal court likely to construe the sta...
If a criminal statute does not specify a required mens rea (or culpability), under what circumstances is a federal court likely to construe the statute to impose strict liability?34A music lover paid $1.99 to download a song from an online store. As it happened, the song was in the store by mistake; earlier that day, the artis...
A music lover paid $1.99 to download a song from an online store. As it happened, the song was in the store by mistake; earlier that day, the artist who owned the song’s copyright had terminated her agreement with the store. A federal statute reads as follows: "Whoever downloads copyrighted content from the Internet without the lawful permission of the copyright owner shall be guilty of felony theft, and sentenced to a term of incarceration not to exceed five years.” The statute does not provide for any mens rea or culpability element. Would this statute permit the music lover to be convicted under a theory of strict liability?35What is the doctrine of transferred intent?
What is the doctrine of transferred intent?36What is a mistake of fact?
What is a mistake of fact?37Can a mistake of fact relieve a defendant of criminal liability?
Can a mistake of fact relieve a defendant of criminal liability?38What is a mistake of law?
What is a mistake of law?39What are the exceptions to the general rule that a mistake of law is not a defense?
What are the exceptions to the general rule that a mistake of law is not a defense?40Can a mistake of law excuse a defendant from criminal liability?
Can a mistake of law excuse a defendant from criminal liability?41A federal statute made it a crime to purposely assault a federal legislator in retaliation for that legislator’s official behavior. A voter was fur...
A federal statute made it a crime to purposely assault a federal legislator in retaliation for that legislator’s official behavior. A voter was furious over a law recently enacted by his state’s legislature. He threw a rock at his United States senator (which constituted assault), reasonably but mistakenly believing her to be a member of his state’s legislature. The senator pressed charges under the federal statute. The defendant moved for judgment of acquittal. He argued that, according to the evidence, he was mistaken about the senator's status, believing her to be a state official, not a federal official. Assuming that this mistake is the only factual premise that the evidence reasonably supports, should the defendant’s motion for acquittal be granted?42A state criminal statute made it a crime to pick flowers in any state park without permission of a park ranger. Almost no one knew that this statut...
A state criminal statute made it a crime to pick flowers in any state park without permission of a park ranger. Almost no one knew that this statute existed. According to the state's public library system, the code book containing this provision had never been removed from its shelf. The website on which the statute was posted had never been visited. The state’s park rangers, however, decided to enforce the law. The first defendant prosecuted for picking flowers in violation of the statute filed a motion to dismiss. He argued that he had no idea that his conduct violated the statute, which virtually no one but the rangers knew existed. Will the defendant’s motion to dismiss be granted?43May a defendant be held criminally liable if he was insane at the time he committed the offense?
May a defendant be held criminally liable if he was insane at the time he committed the offense?44What is required to find a defendant incompetent to stand trial?
What is required to find a defendant incompetent to stand trial?45What is the result of a finding that a defendant is incompetent to stand trial?
What is the result of a finding that a defendant is incompetent to stand trial?46What is the M'Naghten rule?
What is the M'Naghten rule?47What is knowledge under the M’Naghten rule?
What is knowledge under the M’Naghten rule?48Under the second prong of the M’Naghten rule, that requires that the defendant did not know that what she was doing was wrong, what does the term w...
Under the second prong of the M’Naghten rule, that requires that the defendant did not know that what she was doing was wrong, what does the term wrong mean?49What is the irresistible-impulse test?
What is the irresistible-impulse test?50A defendant was on trial for murdering his sister. He testified that for weeks, a demon had appeared to him nightly and commanded him to kill his s...
A defendant was on trial for murdering his sister. He testified that for weeks, a demon had appeared to him nightly and commanded him to kill his sister, until he finally gave in. An expert psychiatrist confirmed that a mental disease caused the defendant to suffer these demonic hallucinations, and offered the opinion that the defendant lacked the capacity to resist the demon's commands. On cross-examination, the expert conceded that the defendant remained able to distinguish right from wrong, and knew that his actions would cause his sister’s death. The doctor also conceded that the defendant was not entirely unable to resist the demon, but his capacity to resist was substantially impaired. Assuming the doctor's testimony is credited, can the defendant be convicted of murder under the MPC?51After a hearing in a criminal case pending against a defendant, the trial court concluded that the defendant lacked the ability to understand the c...
After a hearing in a criminal case pending against a defendant, the trial court concluded that the defendant lacked the ability to understand the charges against him. At that point, the defendant’s attorney moved for the court to enter a judgment finding the defendant not guilty by reason of insanity. Should the court grant the motion?52What is the Durham rule?
What is the Durham rule?53What is the MPC test for insanity?
What is the MPC test for insanity?54What is the federal insanity defense?
What is the federal insanity defense?55What is diminished capacity?
What is diminished capacity?56Can intoxication be a defense to criminal liability?
Can intoxication be a defense to criminal liability?57What is voluntary intoxication?
What is voluntary intoxication?58In jurisdictions that recognize the defense of voluntary intoxication, are there any limitations to the defense?
In jurisdictions that recognize the defense of voluntary intoxication, are there any limitations to the defense?59In most jurisdictions, can voluntary intoxication be a defense to criminal liability?
In most jurisdictions, can voluntary intoxication be a defense to criminal liability?60What is involuntary intoxication?
What is involuntary intoxication?61In most jurisdictions, what is the relationship between involuntary intoxication and an insanity defense?
In most jurisdictions, what is the relationship between involuntary intoxication and an insanity defense?62A student attended a party. Without the student’s knowledge or consent, another partygoer put LSD in the student’s drink. The LSD caused the studen...
A student attended a party. Without the student’s knowledge or consent, another partygoer put LSD in the student’s drink. The LSD caused the student to suffer severe hallucinations, in which she believed that the guests at the party were demons trying to devour her soul. The student grabbed a sharp object and stabbed several partygoers to death. At the time, the student honestly thought she was fending off demons. She did not understand that she was killing people. Does the student’s ingestion of the LSD absolve her of criminal liability for killing the other guests?63Under what circumstances do concurrent causes exist?
Under what circumstances do concurrent causes exist?64What is the substantial-factor test for causation?
What is the substantial-factor test for causation?65What is proximate cause?
What is proximate cause?66Is a criminal defendant liable for harm to a victim exacerbated by an infirmity of the victim, such as a health condition?
Is a criminal defendant liable for harm to a victim exacerbated by an infirmity of the victim, such as a health condition?67What two types of causation must be present for a defendant to be found guilty of a crime that requires a particular result?
What two types of causation must be present for a defendant to be found guilty of a crime that requires a particular result?68What is an intervening cause?
What is an intervening cause?69A man assaulted his neighbor with a knife. The resulting knife wound would not normally have proven fatal. The neighbor, however, suffered a rare d...
A man assaulted his neighbor with a knife. The resulting knife wound would not normally have proven fatal. The neighbor, however, suffered a rare disease that prevented proper blood clotting, and bled to death. The man did not know that the neighbor suffered from this health condition. On trial for murder, the man moved for judgment of acquittal on the ground that it was the neighbor’s disease, not the man’s action, that proximately caused the neighbor’s death. Should the man’s motion for acquittal be granted on that ground?70Each of two sisters independently resolved to kill her stepmother. One sister put a drop of poison in the stepmother's breakfast each morning. The ...
Each of two sisters independently resolved to kill her stepmother. One sister put a drop of poison in the stepmother's breakfast each morning. The other sister put a drop of poison in the stepmother's dinner each night. Neither sister knew of the other's actions. Ultimately, neither sister administered a fatal amount of poison to the stepmother. But the combined quantity of poison they administered together did kill the stepmother. On trial for murder, each sister moved for judgment of acquittal. Each argued that her actions alone did not—and indeed could not have—been a cause in fact of the stepmother's death, as each administered a nonfatal dosage. Should the motions to acquit be granted?71What are the two general categories of defenses to criminal liability?
What are the two general categories of defenses to criminal liability?72What is the necessity defense?
What is the necessity defense?73Is necessity a defense if the defendant intentionally, recklessly, or negligently brought about the situation that led the defendant to commit the ...
Is necessity a defense if the defendant intentionally, recklessly, or negligently brought about the situation that led the defendant to commit the crime?74Does a person have the right to use force to defend herself against the use of force by another?
Does a person have the right to use force to defend herself against the use of force by another?75May a person use non-deadly force in self-defense?
May a person use non-deadly force in self-defense?76What is the imminent use of unlawful force?
What is the imminent use of unlawful force?77What degree of defensive force must a person use?
What degree of defensive force must a person use?78A patron at a bar tried to punch the bouncer, narrowly missing the bouncer’s face. The patron then immediately held up his open palms, stepped back...
A patron at a bar tried to punch the bouncer, narrowly missing the bouncer’s face. The patron then immediately held up his open palms, stepped backward, and said, "Sorry, man, I shouldn't have done that." The enraged bouncer, however, tried to punch the patron. Reasonably perceiving himself to be in danger, the patron punched the bouncer, knocking the bouncer to the floor and inflicting a concussion. The patron was charged with felony assault. May the patron lawfully invoke a claim of self-defense?79May a defendant lawfully use deadly force in self-defense?
May a defendant lawfully use deadly force in self-defense?80Does a person have a duty to retreat before using deadly defensive force?
Does a person have a duty to retreat before using deadly defensive force?81Can a person claim self-defense if he is the initial aggressor?
Can a person claim self-defense if he is the initial aggressor?82May a person use force in the defense of others?
May a person use force in the defense of others?83What is the legal effect of a person reasonably, but mistakenly, believing that the use of force in defense of another person is necessary?
What is the legal effect of a person reasonably, but mistakenly, believing that the use of force in defense of another person is necessary?84May a person use non-deadly force to defend property?
May a person use non-deadly force to defend property?85May a person use reasonable, non-deadly force to recover personal property unlawfully taken?
May a person use reasonable, non-deadly force to recover personal property unlawfully taken?86May a person use reasonable, non-deadly force to re-enter his own land immediately after an interference by another?
May a person use reasonable, non-deadly force to re-enter his own land immediately after an interference by another?87May a person use deadly force to protect property?
May a person use deadly force to protect property?88May a person use deadly force to protect his residence?
May a person use deadly force to protect his residence?89May a private citizen use force to prevent a crime?
May a private citizen use force to prevent a crime?90Is an arrest a Fourth Amendment seizure?
Is an arrest a Fourth Amendment seizure?91Is there a limit on how much force a police officer may use to arrest someone pursuant to a valid warrant?
Is there a limit on how much force a police officer may use to arrest someone pursuant to a valid warrant?92At common law, may a police officer make a warrantless arrest?
At common law, may a police officer make a warrantless arrest?93May a police officer use deadly force to make an arrest or prevent an escape?
May a police officer use deadly force to make an arrest or prevent an escape?94May a private citizen use non-deadly force to arrest someone?
May a private citizen use non-deadly force to arrest someone?95May a parent use force to discipline a minor child?
May a parent use force to discipline a minor child?96May school teachers use force to discipline a minor child?
May school teachers use force to discipline a minor child?97May public officials use force against persons or property?
May public officials use force against persons or property?98What is an excuse defense?
What is an excuse defense?99Under what circumstances can a defendant establish a defense of duress?
Under what circumstances can a defendant establish a defense of duress?100Is the duress defense available if a person’s property is threatened?
Is the duress defense available if a person’s property is threatened?101Is the duress defense available to a defendant who recklessly contributed to placing herself in duress?
Is the duress defense available to a defendant who recklessly contributed to placing herself in duress?102Is duress generally available as a defense to a charge of intentional or attempted homicide?
Is duress generally available as a defense to a charge of intentional or attempted homicide?103What is entrapment?
What is entrapment?104What is the subjective-predisposition test?
What is the subjective-predisposition test?105What is the objective-police-conduct rule?
What is the objective-police-conduct rule?106Are there any limitations to an entrapment defense?
Are there any limitations to an entrapment defense?107Is a victim’s consent to a crime a defense?
Is a victim’s consent to a crime a defense?108Can consent be ineffective?
Can consent be ineffective?109What is automatism?
What is automatism?110What is criminal-law jurisdiction?
What is criminal-law jurisdiction?111What is the common law’s situs rule of jurisdiction?
What is the common law’s situs rule of jurisdiction?112Have states expanded their common-law criminal jurisdiction?
Have states expanded their common-law criminal jurisdiction?113Does the MPC permit a state to prosecute a defendant for conduct committed outside the state?
Does the MPC permit a state to prosecute a defendant for conduct committed outside the state?114A man living in State A planned to rob a bank in State B. The man made all his plans and preparations in State A. He purchased a ski mask and a wea...
A man living in State A planned to rob a bank in State B. The man made all his plans and preparations in State A. He purchased a ski mask and a weapon, rented a getaway vehicle, and discussed the robbery with some close confidants. One of those confidants was an undercover law-enforcement officer, who arrested the man in State A, before he ever had a chance to leave for State B. The defendant's preparatory actions constituted the actus reus for attempt to commit bank robbery under the laws of both State A and State B. Applying the MPC's approach to territorial jurisdiction, can the defendant be prosecuted in State A, State B, or both?115Is there common-law federal jurisdiction?
Is there common-law federal jurisdiction?116In the context of a federal criminal statute, what is a jurisdictional hook?
In the context of a federal criminal statute, what is a jurisdictional hook?117Does the federal government have jurisdiction over federal crimes committed anywhere within the United States?
Does the federal government have jurisdiction over federal crimes committed anywhere within the United States?118Does the federal government have jurisdiction over American ships?
Does the federal government have jurisdiction over American ships?119Does the federal government have jurisdiction over United States nationals in foreign countries?
Does the federal government have jurisdiction over United States nationals in foreign countries?120What is a statute of limitations?
What is a statute of limitations?