Yes, but there is an important distinction.
The NextGen Uniform Bar Examination tests Criminal Law and constitutional protections of accused persons as a Foundational Concept and Principle. That means candidates will still encounter important concepts traditionally associated with Criminal Procedure, particularly constitutional protections.
However, the scope is not identical to the Criminal Procedure coverage candidates may associate with the legacy bar exam.
Is Criminal Procedure a Foundational NextGen Subject?
NCBE does not list "Criminal Procedure" broadly as a standalone foundational subject. Instead, the NextGen UBE includes Criminal Law and constitutional protections of accused persons.
That distinction matters for your preparation.
The exam is designed to test the criminal law concepts and constitutional protections NCBE has determined are important for newly licensed attorneys, rather than requiring candidates to master every area that could fall under a traditional Criminal Procedure course.
What Criminal Procedure Concepts Should You Know?
Candidates should be prepared for constitutional issues involving accused persons.
Depending on the applicable NextGen content scope, this can require you to recognize and analyze constitutional protections arising during the criminal justice process.
The key is to prepare from the NextGen content scope, rather than assuming everything covered in a traditional law school Criminal Procedure course will receive equal weight.
How Could These Issues Appear on the Exam?
The NextGen UBE integrates substantive law with practical legal skills.
That means a criminal law or constitutional protections problem could require you to do more than identify a legal rule. You may also need to:
- Spot relevant issues
- Analyze facts
- Evaluate information
- Communicate legal conclusions
- Advise a client
- Work with legal resources when provided
This integrated approach is intended to more closely reflect how newly licensed attorneys use legal knowledge in practice.
What Is Different From the Current Bar Exam?
Candidates familiar with the legacy bar exam should be careful not to assume that the NextGen UBE simply transfers every existing Criminal Law and Criminal Procedure topic into a new format.
The NextGen exam has its own defined content scope.
NCBE specifically describes the foundational area as Criminal Law and constitutional protections of accused persons, with criminal procedure coverage focused on those constitutional protections.
That makes the official content scope an important guide for deciding what deserves your study time.
How Should You Study Criminal Procedure for the NextGen Bar Exam?
Start by understanding exactly which concepts fall within the NextGen scope.
Then practice applying those concepts rather than relying solely on memorization.
Focus on:
- Understanding applicable constitutional protections
- Recognizing issues in realistic fact patterns
- Connecting facts to the governing legal standard
- Practicing legal analysis under time constraints
- Building the broader lawyering skills tested throughout the NextGen UBE
The goal is not to memorize every Criminal Procedure rule you encountered in law school. It's to know the material within the NextGen scope and be able to use it effectively.
Bottom Line
Criminal Procedure has not disappeared from the NextGen Bar Exam, but candidates need to understand its more focused role.
The NextGen UBE tests Criminal Law and constitutional protections of accused persons as a foundational area. Preparing according to that defined scope can help you spend less time worrying about what might be tested and more time mastering what actually matters.
Ready to Prepare for the NextGen Bar Exam?
BARBRI's bar review course helps you focus your study time on the substantive law and practical skills that matter for your exam, so you can prepare strategically for the NextGen UBE. Learn more here: https://www.barbri.com/bar-review-course
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