CRIMINAL PROCEDURE MBE ACTUAL
EXAM COMPLETE ACCURATE
QUESTIONS WITH DETAILED VERIFIED
ANSWERS AND RATIONALES ALREADY
GRADED A+ BRAND NEW!!
"A man committed a rape. Although the victim reported the crime immediately and the police
promptly gathered DNA evidence as to the perpetrator of the crime, the police were unable to
determine that the man was the perpetrator until 10 years after the event. At that time, the
man's conviction for a different crime resulted in the taking of a sample of his DNA and the
subsequent match of his DNA with the DNA of the perpetrator of the rape. Shortly thereafter,
the man was charged by the state with rape, and due to his indigence, provided with a court-
appointed public defender. Attributable solely to this attorney, the trial was delayed for over a
year, despite the defendant's protests that he be tried immediately. Eventually, the court
replaced the public defender with another attorney. That attorney filed a motion to dismiss the
rape charge on the basis that the man's constitutional right to a speedy trial was violated -
CORRECT ANSWER=> Answer choice C is correct. Delay in proceeding to trial attributable to the
defendant's attorney is not allocated to the state simply because the attorney was provided by
the state to the defendant. Instead, as with delay attributable to a defendant-supplied attorney,
delay attributable to a public defendant is generally treated as caused by the defendant rather
than the state. Consequently, since none of the post-arrest delay is attributable to the state, the
defendant's right to a speedy trial was not violated. Answer choice A is incorrect because the
time begins to run with respect to the right to a speedy trial only once the defendant is arrested
or charges are brought against the defendant. Answer choice B is incorrect because, as noted
with respect to answer choice C, the court appointment of the defendant's attorney does not
mean that delay in proceeding to trial which is attributable to that attorney is allocated to the
state, rather than the defendant. Answer choice D is incorrect. A statute of limitations dictates
when charges must be brought in relationship to the commission of the crime. As noted with
regard to answer choice C, the right to a speedy trial is not triggered until the defendant is
charged or arrested. Moreover, the absence of a statute generally does not determine whether
a constitutional right exists."
, "An employee was accused of stealing money from her employer. The matter was sent to a
grand jury. During the grand-jury proceedings, the prosecutor presented evidence on behalf of
the State. However, the prosecutor failed to disclose that the employee would have lost her job
had she not participated in the embezzlement scheme. The grand jury returned an indictment
against the employee. The employee filed a motion to dismiss the indictment due to the
prosecutor's failure to disclose the fact that the employee was acting under duress.Should the
grand-jury indictment be dismissed?
A
No, because the prosecutor does not have a legal obligation to present exculpatory evidence to
the grand jury.
B
No, because the defense of duress cannot be presented to a grand jury.
C
Yes, because the prosecutor has a legal obligation to present exculpatory evidence to the grand
jury.
D
Yes, because the prosecutor's role is to advise the g - CORRECT ANSWER=> Answer choice A is
correct. The prosecutor has no legal obligation to present evidence exculpating the defendant to
the grand jury. Thus, a grand-jury indictment cannot be dismissed for the prosecutor's failure to
present exculpatory evidence. Answer choice B is incorrect. Although the defendant has no right
to present evidence to a grand jury, this does not prevent a prosecutor from advising the jury
about any possible defenses, or facts relevant to a defense, that the defendant may have.
However, the prosecutor is not required to present such information. Answer choice C is
incorrect because the prosecutor has no legal obligation to present exculpatory evidence to the
grand jury. Answer choice D is incorrect. The prosecutor's role is to advise the grand jury with
respect to the law. However, the prosecutor is not required to present exculpatory evidence.
The failure to do so does not require the dismissal of the grand-jury indictment."
"An FBI agent was accused of killing a witness in a federal case. A U.S. Marshal who had been
guarding the witness had actually killed the witness after being paid by the defense attorney to
do so. The agent knew this, but because the U.S. Marshal threatened to harm the agent's family,
he told no one. The agent was indicted for murder, and his lawyer counseled him about the
legal elements of the crime. At the arraignment, the judge explained the nature of the charge
EXAM COMPLETE ACCURATE
QUESTIONS WITH DETAILED VERIFIED
ANSWERS AND RATIONALES ALREADY
GRADED A+ BRAND NEW!!
"A man committed a rape. Although the victim reported the crime immediately and the police
promptly gathered DNA evidence as to the perpetrator of the crime, the police were unable to
determine that the man was the perpetrator until 10 years after the event. At that time, the
man's conviction for a different crime resulted in the taking of a sample of his DNA and the
subsequent match of his DNA with the DNA of the perpetrator of the rape. Shortly thereafter,
the man was charged by the state with rape, and due to his indigence, provided with a court-
appointed public defender. Attributable solely to this attorney, the trial was delayed for over a
year, despite the defendant's protests that he be tried immediately. Eventually, the court
replaced the public defender with another attorney. That attorney filed a motion to dismiss the
rape charge on the basis that the man's constitutional right to a speedy trial was violated -
CORRECT ANSWER=> Answer choice C is correct. Delay in proceeding to trial attributable to the
defendant's attorney is not allocated to the state simply because the attorney was provided by
the state to the defendant. Instead, as with delay attributable to a defendant-supplied attorney,
delay attributable to a public defendant is generally treated as caused by the defendant rather
than the state. Consequently, since none of the post-arrest delay is attributable to the state, the
defendant's right to a speedy trial was not violated. Answer choice A is incorrect because the
time begins to run with respect to the right to a speedy trial only once the defendant is arrested
or charges are brought against the defendant. Answer choice B is incorrect because, as noted
with respect to answer choice C, the court appointment of the defendant's attorney does not
mean that delay in proceeding to trial which is attributable to that attorney is allocated to the
state, rather than the defendant. Answer choice D is incorrect. A statute of limitations dictates
when charges must be brought in relationship to the commission of the crime. As noted with
regard to answer choice C, the right to a speedy trial is not triggered until the defendant is
charged or arrested. Moreover, the absence of a statute generally does not determine whether
a constitutional right exists."
, "An employee was accused of stealing money from her employer. The matter was sent to a
grand jury. During the grand-jury proceedings, the prosecutor presented evidence on behalf of
the State. However, the prosecutor failed to disclose that the employee would have lost her job
had she not participated in the embezzlement scheme. The grand jury returned an indictment
against the employee. The employee filed a motion to dismiss the indictment due to the
prosecutor's failure to disclose the fact that the employee was acting under duress.Should the
grand-jury indictment be dismissed?
A
No, because the prosecutor does not have a legal obligation to present exculpatory evidence to
the grand jury.
B
No, because the defense of duress cannot be presented to a grand jury.
C
Yes, because the prosecutor has a legal obligation to present exculpatory evidence to the grand
jury.
D
Yes, because the prosecutor's role is to advise the g - CORRECT ANSWER=> Answer choice A is
correct. The prosecutor has no legal obligation to present evidence exculpating the defendant to
the grand jury. Thus, a grand-jury indictment cannot be dismissed for the prosecutor's failure to
present exculpatory evidence. Answer choice B is incorrect. Although the defendant has no right
to present evidence to a grand jury, this does not prevent a prosecutor from advising the jury
about any possible defenses, or facts relevant to a defense, that the defendant may have.
However, the prosecutor is not required to present such information. Answer choice C is
incorrect because the prosecutor has no legal obligation to present exculpatory evidence to the
grand jury. Answer choice D is incorrect. The prosecutor's role is to advise the grand jury with
respect to the law. However, the prosecutor is not required to present exculpatory evidence.
The failure to do so does not require the dismissal of the grand-jury indictment."
"An FBI agent was accused of killing a witness in a federal case. A U.S. Marshal who had been
guarding the witness had actually killed the witness after being paid by the defense attorney to
do so. The agent knew this, but because the U.S. Marshal threatened to harm the agent's family,
he told no one. The agent was indicted for murder, and his lawyer counseled him about the
legal elements of the crime. At the arraignment, the judge explained the nature of the charge
