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Alice Is on Trial for the Murder of Ben, Her

Question 44

Multiple Choice

Alice is on trial for the murder of Ben, her boyfriend. The police have discovered the following facts:
· Ben had experienced anaphylaxis reactions to peanuts on two prior occasions while with Alice. Each time he had trouble breathing and injected himself with an EpiPen, causing the reaction to stop within 1 minute.
· A search of Alice's computer shows that in the week prior to Ben's death she did three searches using the key words "recipe" and "peanut."
· Alice spent 3 hours preparing kung pao chicken. One of the 5 ingredients in the marinade was peanut oil. The chicken was cooked in a sauce that included peanut oil and flour made from peanuts in addition to 10 other ingredients.No whole peanuts were used.
· Ben had an anaphylaxis reaction to the peanuts in the middle of dinner. His throat tightened and he could not breathe. He began wheezing loudly.
· Ben pulled the EpiPen from his pocket and handed it to Alice.
· Alice threw the EpiPen in the trash.
· Alice did not call 911 until Ben became unconscious. She hung up when the dispatcher directed her to inject Ben with the EpiPen.
· Alice cleared the dining room table and started the dishwasher while waiting for the ambulance to arrive. The fact that Alice cleared the table and started the dishwasher can be introduced as:


A) Circumstantial Evidence of Intent.
B) Circumstantial Evidence of Guilt.
C) Circumstantial Evidence of Ability to Commit the Crime.
D) Other Acts evidence.

Correct Answer:

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