Tips for Criminal Law and Procedure on the Multistate Essay Exam

This time in our MEE tips series we address Criminal Law and Procedure. When thinking about Criminal Law and Procedure on the Multistate Essay Exam, you should consider two questions. How are they tested, and how often are they tested? In the last 10 years (20 administrations), we’ve seen Criminal Law and Procedure on the Multistate Essay Exam a total of 10 times. Criminal Law has appeared 4 times by itself. Criminal Procedure has also appeared 4 times by itself, as well as one time combined with Evidence. There was also one instance where Criminal Law and Procedure appeared together. Considered individually, these subjects are rather rare. But you essentially have a 50/50 shot of seeing some form of Criminal Law and Procedure on the Multistate Essay Exam.

Tips for Criminal Law and Procedure on the Multistate Essay Exam

Standard disclaimer: make sure you are preparing for all of the subjects! Use statistics regarding the frequency we see Criminal Law and Procedure on the Multistate Essay Exam to determine how much to study for the subject, not whether to study for it at all. Spend the most time on the subjects that are the most likely to come up. But do not ignore any subject!

Here are the most commonly tested topics in Criminal Law and Procedure on the Multistate Essay Exam:

The Basic Elements of a Crime

Each crime has four basic elements: an act, intent, causation, and concurrence. Each crime also has their own individual elements, but these four requirements are universal. The issue of causation has turned up twice recently in Criminal Law and Procedure on the Multistate Essay Exam. Both times it was tested in connection with murder. Causation requires showing that the defendant’s acts were both the actual and proximate cause of the outcome. Proximate cause tends to be trickier, and is present if the outcome was foreseeable.

Accomplice Liability

Accomplice liability was also recently tested in Criminal Law and Procedure on the MEE, combined with murder and causation. A person is guilty as an accomplice if they assist or encourage the principal with dual intents.

First, the person must have the intent to assist the primary party.
Second, they must have the intent that the primary party commit the offense charged. If a person meets these requirements, they will be liable for the crime committed through the theory of accomplice liability, not liable for accomplice liability itself.

Murder and Manslaughter Distinctions

If you see a murder question in Criminal Law and Procedure on the Multistate Essay Exam, remember that the distinctions between the levels of the crime are found in the mental state. First degree murder requires the intent to kill with premeditation and deliberation. Second degree murder is satisfied by the intent to inflict great bodily harm or acting with a reckless disregard of an extreme risk to human life. It is also the “catch all” category for actions with an intent to kill but don’t meet the requirements of the other categories. Felony murder applies to any killing that occurs during the commission of an inherently dangerous felony, an attempt to commit such a felony, or a flight from such a felony.

Manslaughter should also be considered. Voluntary manslaughter is an intentional killing without malice aforethought committed in the heat of passion due to adequate provocation. For involuntary manslaughter, the defendant causes the death of another human by engaging in conduct that creates an unreasonable risk of death.

4^th Amendment Search and Seizure

The 4^th Amendment protects against unreasonable searches and seizures. Remember that the 4^th Amendment applies to searches or seizures conducted by government agents in areas where the complaining individual has a reasonable expectation of privacy. If the agent doesn’t have a warrant, the search or seizure is generally considered to be unreasonable. However, there are numerous exceptions to this rule, including exigent circumstances, search incident to arrest, consent, automobile exception, plain view, inventory searches, special needs, and terry stops. Of those exceptions, the plain view exception and terry stops and frisks have been the most recently tested in Criminal Law and Procedure on the Multistate Essay Exam.

Confessions and the 5^th, 6^th, and 14^th Amendments

The 5^th Amendment protects the right to counsel and the right to remain silent during interrogations (among other things). Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to an in-custody interrogation. The definition of both “custody” and “interrogation” have been tested recently in Criminal Law and Procedure on the Multistate Essay Exam. Note that a suspect is in custody if there is a formal arrest or a restraint on freedom of movement of the degree associated with a formal arrest. Interrogation includes questioning initiated by law enforcement officers or any words or actions that the police should know are reasonably likely to lead to an incriminating response from the suspect. If one wants to waive their Miranda rights, the waiver must be explicit, unambiguous, and unequivocal. If a violation of these rules occurs, the statements will be excluded at trial.

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