Crucial Exams

Multistate Bar Examination Practice Question

A defendant was acquitted in a state court for charges of armed robbery. Federal authorities later charged the defendant with a federal crime based on the same conduct as the state robbery charge. The defendant moves to dismiss the federal charges, arguing the prosecution violates constitutional protections. How should the court rule?

  • The court should grant the motion because trying the defendant for the same conduct twice infringes on protections preventing multiple trials for one offense.

  • The court should deny the motion because federal courts can prosecute offenses with a federal connection, even if there was a prior prosecution in a state court.

  • The court should grant the motion because the defendant has already been acquitted of identical charges in another trial.

  • The court should deny the motion because state and federal governments enforce their own laws independently, making a second prosecution permissible.

Multistate Bar Examination
Criminal Law and Procedure
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