Criminal Law & Procedure
This subject combines substantive criminal law with constitutional criminal procedure. This chapter reviews general rules tested on the MBE. Modern statutes vary widely by jurisdiction, so these principles are stated at a common-law and general level.
Elements of Crimes
Most crimes require both a guilty act (actus reus) and a culpable mental state (mens rea). At common law, murder is the unlawful killing of another with malice aforethought, and modern statutes commonly divide homicide into degrees with varying mental states.
Constitutional Criminal Procedure
The Fourth Amendment protects against unreasonable searches and seizures, generally requiring a warrant based on probable cause subject to many exceptions. Under Miranda, warnings are generally required before a custodial interrogation, and statements obtained in violation may be suppressed.
Defenses
Defendants may raise defenses such as self-defense, insanity, duress, or mistake, each with its own requirements. The prosecution generally must prove each element of the offense beyond a reasonable doubt.