In Kansas v. Morton (2004), two juries could not agree as to which theory of first degree murder the defendant was guilty. They both, however, agreed that the defendant was guilty of first degree murder. Although the court reversed the conviction for a different reason, why did the court rule a conviction could still stand even if the jury could not agree on one theory?
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Which of the following is an example of an actus reus for wh…
Which of the following is an example of an actus reus for which a person would not be criminally responsible?
In United States v. Mandujano, what specific actions or circ…
In United States v. Mandujano, what specific actions or circumstances counted as the “substantial step” that allowed the defendant to be found liable for attempted heroin distribution, according to the Fifth Circuit?
Which of the following best describes the difference between…
Which of the following best describes the difference between the M’Naghten test and the ALI (American Law Institute) test for insanity?
In Louisiana v. Booth, the court found the defendant guilty…
In Louisiana v. Booth, the court found the defendant guilty of constructive possession. Which of the following best summarizes the court’s rationale?
Police stop a car for speeding, then ask the driver and two…
Police stop a car for speeding, then ask the driver and two passengers to step out of the car so they can search it. The police find methamphetamine under the rear seat. All occupants of the car deny knowing that the drug was there. Which of the following statements is accurate?
Justice Blackmun, in his dissenting opinion in US v. Bailey,…
Justice Blackmun, in his dissenting opinion in US v. Bailey, wrote: “The rationale of the __________ defense is a balancing of harms. If the harm caused by an escape is less than the harm caused by remaining in a threatening situation, the prisoner’s initial departure is justified.” Which defense was he talking about?
Alex plans to rob a neighborhood pharmacy. After weeks of pl…
Alex plans to rob a neighborhood pharmacy. After weeks of planning, Alex writes out a detailed checklist, gathers a ski mask, an unloaded handgun, and a bag to carry the stolen items. One evening, Alex walks to the pharmacy after closing time, puts on the mask, and tries the back door, which turns out to be locked. Just as Alex turns to leave, a police officer on patrol sees the suspicious behavior and arrests Alex. No property was taken, and no one was threatened. Analyze whether Alex is guilty of attempted robbery under the Model Penal Code.
TRUE/FALSE. According to Judge Smith, who wrote the dissent…
TRUE/FALSE. According to Judge Smith, who wrote the dissent in Acosta, Andre Acosta should not have been convicted of attempted possession of narcotics because New York’s abandonment defense applies to him.
Which of the following best describes the essential elements…
Which of the following best describes the essential elements required for a successful self-defense claim under most U.S. jurisdictions?