Four-Week Study Plan
A structured week-by-week plan to prepare you for your Criminal Law final exam.
Week 1
Foundations: Actus Reus, Mens Rea & Causation
- Outline the actus reus requirement: voluntary act, omission liability (legal duty to act), and the distinction between acts and status (Robinson v. California)
- Master the mens rea hierarchy under the Model Penal Code: purposely, knowingly, recklessly, negligently — and how each maps to common law terms
- Study the common law mens rea concepts: specific intent vs. general intent vs. malice, and how they differ from MPC categories
- Build a causation framework: actual cause (but-for) and proximate cause, with attention to year-and-a-day rules and intervening causes in criminal law
- Create a comparison table: MPC mens rea terms vs. common law mens rea terms with examples for each
Week 2
Homicide & Assault Crimes
- Outline the homicide spectrum: first-degree murder (premeditation + deliberation), second-degree murder (intent to kill without premeditation, depraved heart), voluntary manslaughter (heat of passion/adequate provocation), involuntary manslaughter (criminal negligence/misdemeanor-manslaughter)
- Study felony murder: the rule, its limitations (inherently dangerous felony, merger doctrine, res gestae requirement, agency vs. proximate cause approaches)
- Master the MPC approach to homicide: murder (purposely, knowingly, or extreme recklessness) vs. manslaughter (recklessness or extreme emotional disturbance)
- Outline assault and battery: common law definitions and the MPC approach — know when attempt to batter vs. intentional frightening applies
- Work through 8–10 homicide hypotheticals focusing on grading the offense (first-degree murder vs. second-degree vs. manslaughter)
Week 3
Inchoate Crimes, Accomplice Liability & Defenses
- Build an attempt framework: intent required (specific intent under common law, purpose under MPC), the act requirement (last act, dangerous proximity, substantial step), and impossibility (factual vs. legal)
- Outline conspiracy: agreement, intent, overt act requirement (common law vs. MPC), Pinkerton liability, Wharton's Rule, and withdrawal
- Study solicitation: elements, relationship to attempt and conspiracy, and the MPC's uncommunicated solicitation rule
- Master accomplice liability: actus reus (aid, abet, encourage), mens rea (intent to assist + intent that crime be committed), natural and probable consequences doctrine
- Outline defenses: self-defense (reasonable belief, proportionality, duty to retreat vs. stand your ground, imperfect self-defense), necessity, duress, insanity (M'Naghten, irresistible impulse, Durham, MPC substantial capacity), intoxication (voluntary vs. involuntary), and entrapment
Week 4
Theft Crimes, Review & Exam Practice
- Outline theft offenses: larceny (trespassory taking + carrying away + personal property of another + intent to permanently deprive), embezzlement, false pretenses, robbery, and burglary — know the distinctions
- Study the MPC consolidated theft statute and how it simplifies the common law categories
- Review all MPC vs. common law distinctions in a master comparison chart — this is the single most testable theme
- Complete at least three full-length practice exams under timed conditions, focusing on issue identification and grading offenses
- Build an attack outline organized by crime category with the elements, key MPC/common law distinctions, and applicable defenses for each
Exam Format
Criminal Law finals typically present long fact patterns describing a series of events involving multiple actors — a fight that escalates, a robbery gone wrong, or a drug deal with unintended consequences. You are usually asked to discuss all crimes that could be charged against each defendant and the likely defenses. The key skill is grading offenses: for a killing, you must systematically work through first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, and felony murder, eliminating each as appropriate.
Most professors expect you to analyze under both the common law and the Model Penal Code unless told otherwise. Some exams include a policy essay asking you to evaluate a proposed criminal statute or defend a particular theory of punishment (retribution, deterrence, incapacitation, rehabilitation). Time management matters because fact patterns are long and each defendant may face multiple charges.
Top Tested Topics
Proven Study Techniques
MPC vs. Common Law Matrix
Build a comprehensive matrix comparing the MPC and common law on every major topic: mens rea terms, homicide categories, attempt standards, conspiracy rules, and defenses. This single document will answer the majority of exam questions.
Offense Grading Practice
Given a homicide fact pattern, practice systematically working through every possible charge from most serious to least serious. This trains you to discuss each grade, explain why it does or doesn't apply, and arrive at the most appropriate charge.
Defense Trigger Spotting
Read fact patterns looking specifically for defense triggers: someone being threatened (self-defense/duress), someone who is intoxicated (intoxication defense), someone with a mental illness (insanity). Train yourself to see these signals automatically.
Element-by-Element Analysis
For each crime, practice writing out the elements and then checking each against the facts. Criminal law rewards methodical element analysis — skipping an element is the fastest way to lose points.
Hypothetical Variation Drills
Take a single fact pattern and change one fact at a time to see how the analysis shifts. For example, change the mens rea from purposeful to reckless and re-analyze — this deepens understanding of how each element functions.
Policy Question Prep
Prepare short essays on the four theories of punishment and the arguments for and against the felony murder rule, strict liability crimes, and the insanity defense. Many Crim Law exams include a policy component worth significant points.
Exam Day Tips
Always state whether you are applying common law or MPC rules — do not mix them without acknowledging the difference
For every killing, work through the full homicide spectrum from most serious to least serious charge — do not jump directly to your conclusion
Check for inchoate crimes whenever someone plans or attempts a crime — conspiracy and attempt are often tested alongside the completed offense
Analyze each defendant separately, then check for accomplice liability — the exam often includes a person who helped but did not directly commit the crime
When applying defenses, state the elements of the defense, apply them to the facts, and address whether it provides a complete or partial defense
Watch for felony murder signals: any death that occurs during a dangerous felony triggers a separate analysis even if the death was accidental