Bar Primer - Criminal Law and ProcedureNorth 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.DateEssay Tested Topics

Jul-03Procedure: 6th Amendment Confrontation Clause - Confession by Non-Testifying Defendant Inadmissible Against Non-Confessing Defendant, Statement by Party Opponent, Motion to Dismiss, Forgery

Feb-04Procedure: Discovery Requests, Voluntary Intoxication Defense, Jury Instruction, Murder

Jul-04Criminal Law: Conspiracy, Withdrawal, Felony Murder

Feb-05Criminal Law: Accomplice Liability, Robbery, Conspiracy, Accessory After the Fact

Jul-05Procedure: 4th Amendment Search & Seizure, Terry Stop and Frisk, Scope of Pat-Down, Pre-Charge Line-Up, 5th and 6th Amendment Right to Counsel

Feb-06 (1)Criminal Law: Conspiracy, Breaking & Entering, Assault & Battery, Aggravated Assault, Accessory Before the Fact

Feb-06 (2)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

Jul-06Procedure: 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

Feb-07Criminal Law: Possession of Narcotics, Constructive Possession - Drugs Found in Jointly Leased Premises

Jul-07 (1)Procedure: Miranda, Exclusionary Rule, Custodial Interrogation; Evidence: Completeness Rule, Embezzlement

Jul-07 (2)Procedure: 4th Amendment Search & Seizure, Standing to Challenge Search, Warrantless Search, Exigent Circumstances, Temporary Detention

Feb-08Criminal Law: Armed Robbery, Larceny, Felonious Larceny, Aggravating Factor, Bill of Indictment

Jul-08Procedure: 4th Amendment Search & Seizure

Jul-08Criminal Law: Embezzlement

Jul-09Procedure: 4th Amendment Search & Seizure, Scan of License Plate, Automobile Stop, Arrest Warrant, Search Incident to Arrest (person & car), Plain View

Feb-10Criminal Law: Child Neglect, Involuntary Manslaughter, Burglary, Larceny, Arson, 1st Degree Murder, Felony Murder

Jul-10Procedure: 4th Amendment Search & Seizure, Public School Official Search, Reasonable Suspicion, Government Agent, Procedural Due Process, Public Education as Property Interest in NC Constitution

Feb-11Criminal 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

Jul-11Procedure: Miranda, Automobile Stop, Reasonable Suspicion, Voluntary Statement

Feb-12Procedure: 4th Amendment Search & Seizure, Automobile Stop, Probable Cause, Reasonable Suspicion, Fruit of the Poisonous Tree

Jul-12Procedure: 4th Amendment Search & Seizure, Co-Tenant Consent to Search, Scope of Consent, Exclusionary Rule

Feb-13Criminal Law: Possession of Controlled Substance, Sale of Controlled Substance, Solicitation, Criminal Battery, 1st Degree Murder (Felony Murder), 2nd Degree Murder, Involuntary Manslaughter

Jul-13Criminal Law: Motion to Dismiss, DWI, Impairment (Statutory Presumption & Circumstantial Evidence), Voluntary Statement/Admission, Field Sobriety Tests

Feb-14Receipt of Stolen Goods

Jul-14Criminal Law: Homicide and the Defense of Voluntary Intoxication

Jul-14Criminal Procedure: Miranda

Criminal Law/Procedure on the MBE falls into the following 5 divisions:1. Homicide2. Other Crimes3. Inchoate Crimes; Accomplices4. Mental States5. 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.