Bar Primer - Criminal Law and Procedure

North Carolina has tested Criminal Law and Procedure every exam since 1996.
Sometimes you will have criminal law, sometimes criminal procedure, or a
combination of the two. Some exams will have a separate question for each.
Date
Jul-03

Jul-08

Essay Tested Topics

Procedure: 6th Amendment Confrontation Clause - Confession by NonTestifying Defendant Inadmissible Against Non-Confessing Defendant,
Statement by Party Opponent, Motion to Dismiss, Forgery
Procedure: Discovery Requests, Voluntary Intoxication Defense, Jury
Instruction, Murder
Criminal Law: Conspiracy, Withdrawal, Felony Murder
Criminal Law: Accomplice Liability, Robbery, Conspiracy, Accessory After the
Fact
Procedure: 4th Amendment Search & Seizure, Terry Stop and Frisk, Scope of
Pat-Down, Pre-Charge Line-Up, 5th and 6th Amendment Right to Counsel
Criminal Law: Conspiracy, Breaking & Entering, Assault & Battery,
Aggravated Assault, Accessory Before the Fact
Procedure: 6th Amendment Right to Counsel/Right to Effective Counsel, NC
Constitution Article I Section 23, No Right to Choose Appointed Counsel,
Attorney Right to Trial Strategy Decisions
Procedure: Automobile Stop, Pretextural Stop, Pat-Down, Consent to Search,
Detention for Reasonable Time to wait for Search (Drug Dog), Exclusionary
Rule - Fruit of the Poisonous Tree
Criminal Law: Possession of Narcotics, Constructive Possession - Drugs Found
in Jointly Leased Premises
Procedure: Miranda, Exclusionary Rule, Custodial Interrogation; Evidence:
Completeness Rule, Embezzlement
Procedure: 4th Amendment Search & Seizure, Standing to Challenge Search,
Warrantless Search, Exigent Circumstances, Temporary Detention
Criminal Law: Armed Robbery, Larceny, Felonious Larceny, Aggravating
Factor, Bill of Indictment
Procedure: 4th Amendment Search & Seizure

Jul-08

Criminal Law: Embezzlement

Jul-09

Procedure: 4th Amendment Search & Seizure, Scan of License Plate,

Automobile Stop, Arrest Warrant, Search Incident to Arrest (person & car),
Plain View
Criminal Law: Child Neglect, Involuntary Manslaughter, Burglary, Larceny,
Arson, 1st Degree Murder, Felony Murder
Procedure: 4th Amendment Search & Seizure, Public School Official Search,
Reasonable Suspicion, Government Agent, Procedural Due Process, Public
Education as Property Interest in NC Constitution
Criminal Law: Murder - First & Second Degree, Involuntary Manslaughter,
Possession, Discharging a Weapon in City Limits, Self Defense, Defense of
Others, Transferred Intent, Warrantless Search, Plain View

Feb-04
Jul-04
Feb-05
Jul-05
Feb-06
(1)
Feb-06
(2)
Jul-06

Feb-07
Jul-07
(1)
Jul-07
(2)
Feb-08

Feb-10
Jul-10

Feb-11

Jul-11
Feb-12
Jul-12
Feb-13

Jul-13

Feb-14
Jul-14
Jul-14

Procedure: Miranda, Automobile Stop, Reasonable Suspicion, Voluntary

Statement
Procedure: 4th Amendment Search & Seizure, Automobile Stop, Probable
Cause, Reasonable Suspicion, Fruit of the Poisonous Tree
Procedure: 4th Amendment Search & Seizure, Co-Tenant Consent to Search,
Scope of Consent, Exclusionary Rule
Criminal Law: Possession of Controlled Substance, Sale of Controlled
Substance, Solicitation, Criminal Battery, 1st Degree Murder (Felony Murder),
2nd Degree Murder, Involuntary Manslaughter
Criminal Law: Motion to Dismiss, DWI, Impairment (Statutory Presumption &
Circumstantial Evidence), Voluntary Statement/Admission, Field Sobriety
Tests
Receipt of Stolen Goods
Criminal Law: Homicide and the Defense of Voluntary Intoxication
Criminal Procedure: Miranda

Criminal Law/Procedure on the MBE falls into the following 5 divisions:

1.
2.
3.
4.
5.

Homicide
Other Crimes
Inchoate Crimes; Accomplices
Mental States
Criminal Procedure (4th, 5th and 6th Amendments)

Half of the questions will be drawn from section 5 and the other half are drawn
from sections 1-4.