Jurisdiction - Next Generation Bar Exam

1. A woman in State A mails poisoned candy to a victim in State B, who eats it there and dies. Which states have jurisdiction to prosecute the homicide?

   Both State A, where the conduct occurred, and State B, where the result occurred. Each state may prosecute because part of the offense occurred within it.

2. Under Smith v. United States (2023), what is the remedy when a defendant is tried in an improper venue?

   A new trial in a proper venue; retrial is not barred. Venue errors do not trigger the Double Jeopardy Clause's bar on retrial.

3. Under the territorial principle, when may a state prosecute a crime?

   When the conduct or the result that is an element of the crime occurs within the state. A crime may therefore be prosecuted in more than one state.

4. Where does the Sixth Amendment require a criminal trial to be held?

   In the state and district where the crime was committed. Article III separately requires trial in the state where the crime was committed.

5. A man is acquitted in state court of robbing a federally insured bank. Federal prosecutors then charge him with federal bank robbery. What is the status of the federal prosecution?

   It may proceed under the dual sovereignty doctrine. The state and federal governments are separate sovereigns.

6. When does a federal criminal statute apply to conduct outside the United States?

   When Congress clearly indicates that it applies extraterritorially. Federal statutes are presumed to apply only within the United States.

7. What limits the scope of federal criminal law?

   Congress's enumerated powers, because the federal government has no general police power. Most federal crimes rest on the Commerce Clause or another specific power.

8. Under the dual sovereignty doctrine, what is the effect of a state prosecution on a later federal prosecution for the same conduct?

   It does not bar the federal prosecution. Gamble v. United States reaffirmed that separate sovereigns may each prosecute without violating double jeopardy.

9. Where may a conspiracy be prosecuted?

   Where the agreement was made or where any overt act in furtherance occurred. This rule applies to each conspirator, even one who never entered that district.

10. Where may a continuing federal offense be prosecuted?

    In any district where it was begun, continued, or completed. Mail and transportation offenses may be prosecuted in any district the item passed through.

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