Most Tested MBE Criminal Law Topics | BarPrepPlay

Overview

Criminal Law rewards fast classification. Homicide, inchoate liability, accomplice exposure, and theft offenses drive a large share of the subject’s most expensive mistakes.

1. Homicide Distinctions

Very High frequency

FIRST DEGREE MURDER: Premeditated + deliberate killing, or felony murder (BARRK). SECOND DEGREE MURDER: Intent to kill without premeditation, intent to cause serious bodily harm, depraved heart (extreme recklessness). VOLUNTARY MANSLAUGHTER: Intentional killing in "heat of passion" after adequate provocation. Requires: (1) Adequate provocation (would cause reasonable person to lose control); (2) Actual provocation; (3) No cooling off; (4) No actual cooling. INVOLUNTARY MANSLAUGHTER: Criminal negligence (gross deviation) or misdemeanor-manslaughter. CAUSATION: But-for + proximate cause. Intervening acts may break chain.

HYPO: D finds spouse in bed with another person. D leaves, drives around for 2 hours, returns with gun, and shoots spouse. Charge? ANALYSIS: Heat of passion? Adequate provocation exists (adultery). BUT D left for 2 HOURS - this is cooling off time. A reasonable person would have cooled down. RESULT: MURDER (first degree if premeditation shown by getting gun; second degree if not). NOT voluntary manslaughter - too much time elapsed. The cooling period negates heat of passion.

• Exam shortcut: Premeditation; malice; heat of passion

Section sources

Primary law and source anchors

• Model Penal Code Sections 210.2 and 210.3 Modern homicide structure including murder, manslaughter, and extreme recklessness.
• Model Penal Code Section 2.06 Complicity rules on accomplice liability, solicitation, and withdrawal limits.
• Pinkerton v. United States, 328 U.S. 640 (1946) The classic co-conspirator-liability rule for foreseeable crimes in furtherance.