Term
| Common law specific intent crimes. |
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Definition
| Assault, first-degree premeditated murder, attempt, conspiracy, solicitation, larceny, embezzlement, false pretenses, robbery, forgery, burglary |
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Term
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Definition
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Term
| Common law general intent crimes |
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Definition
| Battery, rape, kidnapping, false imprisonment |
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Term
| Rule for omission as actus reus |
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Definition
Legal duty to act Knowledge of the facts giving rise to the duty Reasonably possible to perform the duty |
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Term
Effect of mistake of fact on mens rea for specific intent crimes. |
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Definition
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Term
Effect of mistake of fact on mens rea for general intent crimes. |
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Definition
Only a reasonable mistake is a defense |
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Term
Effect of mistake of fact on mens rea for malice crimes. |
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Definition
| Only a reasonable mistake is a defense. |
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Term
Effect of mistake of law on mens rea. |
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Definition
| Not a defense (unless knowledge of the law is an element in the crime) |
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Term
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Definition
Intentionally Knowingly Recklessly Negligently Strict Liability |
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Term
| Effect of mistake of law on mens rea in NY |
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Definition
Intentional, knowing, reckless crimes - ANY mistake is a defense Negligent crimes - reasonable mistake is a defense |
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Term
| Generally, aggravating factors for crimes in NY |
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Definition
Weapons Injuries Quantity |
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Term
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Definition
| Unlawful application of force to another resulting in either bodily injury or an offensive touching. General intent (e.g., must only mean to throw punch, but not intend any injury or offensive touching). |
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Term
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Definition
| Either (1) an attempt to commit a battery (e.g., a thrown punch that misses); or (2) intentionally making the victim think you’re about to commit a battery (throwing a fake punch with intent to scare). Specific intent. |
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Term
| Second degree assault in NY |
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Definition
Intentionally causing serious physical injury. First: add a weapon Third: non-serious physical injury |
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Term
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Definition
| Causing the death of another person with malice aforethought. |
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Term
| Common law definitions of "malice aforethought" |
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Definition
Intent to kill Intent to inflict great bodily injury Extreme recklessness (depraved heart) Felony murder |
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Term
| Common law voluntary manslaughter |
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Definition
An intentional killing committed after adequate provocation Must be something that would arouse a sudden and intense passion in a reasonable person (typical problem: catching spouse in bed with another) ∆ must be actually provoked ∆ did not have time to cool off ∆ must not have actually cooled off
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Term
| Common law involuntary manslaughter |
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Definition
| Killing committed with criminal negligence, or a killing committed during a crime that’s not felony-murder. |
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Term
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Definition
Intentional killing (without aggravating factor) Depraved indifference |
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Term
| NY first degree manslaughter |
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Definition
Intentional killing committed under influence of reasonable, extreme emotional disturbance. Affirmative defense.
OR
Unintentional killing - Intent to cause serious physical injury. |
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Term
| Felonies in NY that can lead to felony-murder |
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Definition
| Burglary, robbery, arson, rape, kidnapping, escape |
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Term
| NY affirmative defense to felony-murder |
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Definition
D did not participate in the homicidal act D did not have a deadly weapon D had no reason to believe co-felons had deadly weapons D had not reason to believe others would do something likely to result in death |
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Term
| NY first degree kidnapping |
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Definition
Kidnapping + either: ransom victim is restrained with intent to injury victim dies |
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Term
| Common law crimes against property |
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Definition
Larceny Embezzelement False pretenses Larceny by trick |
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Term
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Definition
The trespassory (wrongful) taking and carrying away of the personal property of another (that they have lawful possession of, but not necessarily title) with the intent to permanently deprive.
Specfic intent. |
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Term
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Definition
| Conversion of the personal property of another by a person already in lawful possession of the property with the intent to defraud |
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Term
| Common law false pretenses |
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Definition
| Obtaining title to the personal property of another by an intentional false statement with the intent to defraud. |
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Term
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Definition
| A larceny from another’s person or presence by force or threat of immediate injury. |
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Term
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Definition
Forcibly stealing property (third degree) + D is aided by another present, or Victim is injured, or Threat of immediate physical force |
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Term
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Definition
Second degree + Victim is seriously injured, or D uses a gun |
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Term
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Definition
| Breaking and entering the dwelling of another at night with the intent to commit a felony inside |
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Term
NY second degree burglary |
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Definition
Entering or remaining unlawfully in a building with the intent to commit a crime inside (third degree). PLUS Building is a dwelling, or A non-participant is injured, or D uses a weapon |
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Term
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Definition
| (1) Fourth degree arson: reckless burning(2) Third degree: intentional burning(3) Second degree: intentional burning when ∆ knew or should have known someone was inside.(4) First degree: second degree arson plus an explosive device |
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Term
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Definition
An agreement between two or more people to commit a crime, plus an overt act in preparation of the crime. Needs a meeting of the minds, so no one-person conspiracies! Liable for all crimes reasonably foreseeable in furtherance of the conspiracy. |
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Term
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Definition
| Guilty of the conspiracy and whatever crimes they participate in. |
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Term
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Definition
| Conduct that gets dangerously close to commission of the crime. |
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Term
| Factual impossibility defense to attempt |
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Definition
| Not ever a defense. It’s impossible to commit the crime because of some circumstances beyond ∆’s control. |
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Term
| Common law inchoate offenses that merge |
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Definition
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Term
| NY inchoate offenses that merge |
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Definition
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Term
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Definition
| Either did not know his act was wrong or did not understand the nature and quality of his act. |
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Term
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Definition
| ∆ lacked the substantial capacity to either (1) appreciate the criminality of his conduct, or (2) conform his conduct to the requirements of law. |
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Term
| Is self-defense an affirmative defense or mere defense? |
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Definition
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