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Criminal Law & Procedure

Crim is a huge subject – it's essentially two subjects combined into one. Because each of the seven MBE subjects receives almost equal coverage, not everything in Crim will be tested. So it's a hard subject to predict. With that said, you'll see a lot of the common law crimes. But coverage of criminal procedure principles is sporadic. A couple of small things to watch for on the bar exam, but particularly the MBE:

  • Double jeopardy
    Double jeopardy sometimes appears as an answer choice, but it can't be easily dismissed as a red herring. Make sure you review double jeopardy (see Criminal Law & Procedure – cards 60 & 61) and don't be surprised if it comes up as the subject of a question.
  • Burdens of proof and burden-shifting statutes
    We've noticed several questions that involve burden of proof issues. These questions may ask about the burden of proof required for asserting a defense, the burden required for conviction, or whether a statute that changes a burden is constitutional (see Criminal Law & Procedure – card 70). Know the burden requirements for these scenarios.
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