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MEE: Criminal Law and Procedure: Elements, Defenses, and Constitutional Limits

MEE · Work through your exam, one topic at a time.

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Criminal Law and Procedure: Elements, Defenses, and Constitutional Limits

What the MEE tests

Criminal Law and Procedure tests mens rea, actus reus, homicide, theft, inchoate offenses, defenses, and police practices under the Fourth, Fifth, and Sixth Amendments.

Core rules

  • Elements: every crime requires a voluntary act, the required mental state, and concurrence. Mens rea levels include purpose, knowledge, recklessness, and negligence.
  • Homicide: murder requires malice; felony murder requires an inherently dangerous felony. Voluntary manslaughter requires adequate provocation; involuntary manslaughter requires criminal negligence.
  • Inchoate offenses: attempt requires specific intent and a substantial step; conspiracy requires agreement plus intent, and under common law no overt act; accomplice liability requires intent to assist.
  • Defenses: self-defense requires reasonable belief in imminent unlawful force; duress is not a defense to homicide; insanity tests include M'Naghten and irresistible impulse.
  • Procedure: Fourth Amendment searches require warrants or an exception; exclusionary rule; Fifth Amendment Miranda applies to custodial interrogation; Sixth Amendment counsel attaches at critical stages.

Worked example

Dan and Ed agree to rob a store. Ed waits outside as a lookout. Dan enters, shoots the clerk during the robbery, and the clerk dies. Ed is charged with felony murder. The felony is robbery, an inherently dangerous felony, and Ed was a participant in the underlying felony. Under accomplice liability, Ed is liable for crimes committed in furtherance of the felony and reasonably foreseeable. The shooting is within the scope of the robbery. Ed may be convicted of felony murder even though he did not pull the trigger.

Traps

Felony murder usually requires an independent felony, not the killing itself. Conspiracy does not merge with the completed offense, but attempt does. Miranda warnings are required only for custodial interrogation. A pretextual traffic stop is valid if the officer has a lawful basis.