Could you please help me understand how to go about solving these questions? thanks!

Question 1

The State of Grace defines theft as the intentional taking and carrying away of the moveable property of another without the owner's consent with the intent to permanently deprive the owner of possession of the property.

At the end of class yesterday, Alice picked up Jerry's backpack, which looked similar to her own, and took it home with her. When police arrived at her apartment last night to inquire about Jerry's missing bag, she fetched the bag and gave it to the officers. When they asked her if she had planned to keep it, she said, "Of course I did! I thought it was mine." The officer on the scene wrote in his report that Alice appeared nervous when she spoke, and he doubted her statement.

Alice is charged with theft and the case goes to trial. If the facts come in as described above, will the trial judge instruct on the charged offense?

Group of answer choices

a.No, because there is no direct evidence of Alice's intent to steal.

b.Yes, because a reasonable juror could find that Alice engaged in all the elements of the offense.

c.Yes, because Alice confessed to the crime by her admission to the officers.

d.No, because Alice had no motive to steal the bag and denied responsibility.

Question 2

Which of the following correctly states the Constitutional requirement for when one offense must be included within another?

Group of answer choices

a.An attempt to commit a crime is always included within a charge of the completed crime.

b. All lesser forms of criminal homicide are included in any more serious homicide crime.

c. A less serious crime that does not require proof of any additional elements beyond those required to prove the charged crime is always included in the charged crime.

d. All of the these.