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MMLU / A state statute provides: "Whenever a person knows or should know that he (or…

Problem

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question

A state statute provides: "Whenever a person knows or should know that he (or she) is being arrested by a police officer, it is the duty of such person to refrain from using force or any weapon in resisting arrest. " Violation of the statute is made punishable by fine and/or imprisonment. One morning, there was a bank robbery in the state. That afternoon, a police officer arrested a suspect who he believed was involved in the crime. However, the police officer and the suspect have given different accounts concerning what happened next. According to the police officer, after the suspect was apprehended, he resisted arrest and hit the police officer in the mouth with his fist. The police officer, who was momentarily stunned, pulled out his nightstick and struck the suspect over the head with it. On the other hand, the suspect claimed that after he was arrested, he cursed at the policeman, whereupon the police officer began hitting the suspect with his nightstick. To avoid being hit again, the suspect hit the police officer with his fist, knocking him down. The suspect was charged with assault. The suspect should be found

choices

  1. not guilty, if the arrest was unlawful without probable cause and the jury believes the suspect's account.
  2. not guilty, if the arrest was lawful, provided that the jury believes the suspect's account.
  3. guilty, if the arrest was lawful, regardless which account the jury believes.
  4. guilty, if the arrest was unlawful, regardless which account the jury believes.

subject

professional_law

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Source and history

task_id
4cb3356f-e223-5650-9ab1-766b871067ec
task_key
all--test--4cb3356f-e223-5650-9ab1-766b871067ec
task_revision_id
1
config / split
all / test

Official source

initial import