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MMLU / A city has enacted an anti-noise statute that "prohibits amplification devices…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A city has enacted an anti-noise statute that "prohibits amplification devices operated in public places which emit loud and raucous noises. " The municipality passed the law to protect the quiet and tranquility of its residents and to avoid distractions to traffic. A high school student was driving in his car and listening to punk music on his car stereo system, which included a set of 12-inch subwoofers mounted in the rear. As the student drove past the high school, he turned up the volume to its highest level. A police car drove alongside the student and, hearing the loud and raucous music; the police officers arrested the student and charged him with violating the anti- noise statute. Before the student was brought to trial, the highest court in the state ruled the statute unconstitutional as vague and overbroad. As a result, the charges against the student were dropped, and his case was dismissed. Thereafter, the district attorney's office decided to prosecute the student for violating a state attempt statute. The attempt statute provided that legal impossibility was no defense. Thereupon, the student was charged with attempting to violate the anti-noise statute. At trial, the student took the stand to testifi on his own behalf. He testified that when he was arrested, he had purposely turned up the stereo to its highest level because his favorite song was playing. Will the student be found guilty of violating the attempt statute?

choices

  1. Yes, because he possessed the requisite intent.
  2. Yes, because dismissal of the initial charge was not a final judgment and, therefore, double jeopardy does not attach.
  3. No, because double jeopardy precludes prosecution for attempt after the initial prosecution was dismissed.
  4. No, because a defendant cannot be retried for attempted commission of a crime that has been ruled unconstitutional by a state's highest court.

subject

professional_law

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Source and history

task_id
8a4c2e6c-b708-5aef-84c2-92109f23c44b
task_key
all--test--8a4c2e6c-b708-5aef-84c2-92109f23c44b
task_revision_id
1
config / split
all / test

Official source

initial import