Criminal Law (bar exam) questions with correct answers

When does a state have jurisdiction to prosecute a crime? CORRECT ANSWER state may prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state Merger CORRECT ANSWER -one crime is subsumed into another → can be CHARGED, but cannot be CONVICTED of both -Lesser-included offenses DO merge into greater-included offenses (e.g. crime w/ elements AB merges into crime w/ elements ABC) -Conspiracy does NOT merge into the target offense -Solicitation and Attempt DO merge into the target offense Burden of Proof (generally) CORRECT ANSWER BEYOND A REASONABLE DOUBT is the burden the state bears for every element of a crime Actus Reus (AR) CORRECT ANSWER 1) PHYSICAL or EXTERNAL component --i) prohibited conduct (e.g., speeding) --ii) prohibited result (e.g., killing) --iii) attendant circumstances (e.g., age of victim) 2) VOLUNTARY ACT 3) an OMISSION which violates a legal duty -generally, NO LEGAL DUTY to act or aid Situations in which a Legal Duty to Act may arise: CORRECT ANSWER i) statute (e.g., paying taxes, reporting child abuse) ii) contract (e.g., nurse, nanny) iii) relationship (e.g., parent, spouse)