Law > EXAM > Criminal Law (bar exam) | 100 Questions with 100% Correct Answers | Updated & Verified (All)
When does a state have jurisdiction to prosecute a crime? - ANS - state may prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state Merger - ANS - -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) - ANS - BEYOND A REASONABLE DOUBT is the burden the state bears for every element of a crime Actus Reus (AR) - ANS - 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 [Show More]
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