How should I use this Criminal Law ranking page?

Use it to decide review order, not as a substitute for practice. Start with the first two or three topics, then reinforce them with timed multiple-choice work.

Does "most tested" mean the lower-ranked topics are unimportant?

No. It means the higher-ranked topics deserve earlier and more frequent review because they trigger more downstream issues and more repeat appearances across mixed sets.

Most tested

Most Tested MBE Criminal Law Topics | BarPrepPlay

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

Last reviewedMay 26, 2026Study formatTopic-ranking page

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

Model Penal Code Sections 210.2 and 210.3 Model Penal Code Section 2.06 Pinkerton v. United States, 328 U.S. 640 (1946)

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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.

Study note

BarPrepPlay publishes these pages as supplemental study resources, not as an official NCBE or jurisdiction product. Use them to make your next practice session sharper, not to replace full-source reading.