Criminal Law on the MEE: What to Know and How to Practice

Substantive criminal law on the MEE focuses heavily on homicide. You need to distinguish between first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter. The facts will typically present a killing and require you to determine the appropriate charge based on the defendant's mental state: premeditation, intent to kill, depraved heart, heat of passion, or criminal negligence.

Inchoate crimes are the second major testing area. Attempt, conspiracy, and solicitation each have distinct elements, and MEE questions often test whether the defendant has gone far enough to be guilty of attempt or whether an agreement qualifies as conspiracy. Accomplice liability (aiding and abetting) frequently appears alongside these issues.

Criminal procedure questions focus on the Fourth Amendment (search and seizure, warrant requirements, exceptions to the warrant requirement), the Fifth Amendment (Miranda rights, privilege against self-incrimination), and the Sixth Amendment (right to counsel at critical stages). These constitutional issues are often woven into a fact pattern that also raises substantive criminal law questions.

For substantive criminal law questions, start by identifying the crime charged or the conduct at issue, then analyze each element. For homicide, the key analytical move is matching the defendant's mental state to the correct grade of the offense. Walk through the facts that support or undercut each mental state. If defenses are raised (self-defense, insanity, intoxication), address them after establishing the prima facie case.

For criminal procedure questions, identify the constitutional amendment at issue and apply the relevant test. For Fourth Amendment issues, determine whether a search occurred, whether a warrant was required, and whether any exception applies (consent, search incident to arrest, exigent circumstances, automobile exception). State the rule precisely, then apply it to the specific facts.