Criminal Law and Procedure (Foundational) Question Pack - Questions

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.