Criminal Law and Procedure
The MBE tests substantive criminal law (elements, mens rea, defenses) and criminal procedure (Fourth, Fifth, Sixth Amendments). Know search and seizure, interrogation, and trial rights.
Substantive crimes
- Mens rea: purposeful, knowing, reckless, negligent. Malice aforethought for murder.
- Defenses: self-defense (reasonable belief, imminent threat), insanity (M'Naghten, MPC), duress, entrapment.
- Inchoate offenses: attempt (substantial step), conspiracy (agreement + overt act), solicitation.
Procedure
- Fourth Amendment: searches require warrant, probable cause, or exception (consent, incident to arrest, exigent, automobile, plain view). Exclusionary rule.
- Fifth Amendment: Miranda warnings before custodial interrogation; privilege against self-incrimination.
- Sixth Amendment: right to counsel at critical stages; confrontation; speedy trial; jury trial.
Worked example
Police receive an anonymous tip that a man is selling drugs from his apartment. Without a warrant, they knock, and the man opens the door. They see drugs in plain view on a table. The man is arrested. At the station, before questioning, he says, 'I want a lawyer.' Police continue questioning and he confesses. The drugs are admissible under plain view because the officer was lawfully in the doorway. The confession is inadmissible because the man invoked his right to counsel and police did not stop. Miranda violation.
Traps
- Custody vs interrogation: Miranda applies only to custodial interrogation.
- Search incident to arrest: limited to wingspan; automobile exception requires probable cause.
- Sixth Amendment right to counsel is offense-specific; Fifth is not.
- Insanity tests: M'Naghten (know right from wrong) vs MPC (substantial capacity).