Overview

Question 1

How many questions will criminal law / procedure have on the MBE?

Answer 1

25 total (half and half)

+ essays.

Question 2

How do I know if they are going to use model code or CL for ciminal cases?

Answer 2

Most likely to tell us.

Question 3

When does a state have jurisdiction over a crime?

Answer 3

1. Act committed in state, or
2. Result occured in state.

Stand in Cal. and shoot someone in Nevada (both have jurisdiction and both can have jurisdiction.

Question 4

Merger (CL) if a person is charged with felony and misdeamoner?

Answer 4

Can be convicted of felony only (misdeamoner merged into the felony).

Question 5

Merger of of crimes under modern law.

Answer 5

Generally doesn’t exist in American law ( if you commit 2 crimes, you will be charged / convicted with both b/c don’t merge together).

NOTE: (Inchoate Crimes)
Solication and attempt DO merge into completed crime.

Conspiracy does NOT merge into completed crime.