Shared Flashcard Set

Details

Criminal Law
Crim.
111
Law
Graduate
06/08/2012

Additional Law Flashcards

 


 

Cards

Term
Crime may be prosecuted in any state where:
Definition
ACT or RESULTS took place
Term
NY burden of proof rule on defenses
Definition

Defenses: prosecution must disprove beyond a reasonable doubt

 

Affirmative defenses: defendant must prove by a preponderance of the evidence

Term
Felony
Definition
Punishable by death or imprisonment for more than a year
Term
Misdemeanor
Definition
punishable by a fine and/or imprisonment for no more than a year
Term
Act requirement (actus reus)
Definition
must be voluntary (sleepwalking, unconscious, convulsions, seizures don't count)
Term
Omission as an Actus Reus
Definition

-Legal Duty to Act (contract, statute, status relationship, voluntary assumption of care, creation of the peril)

 

-Knowledge of the facts giving rise to the duty

 

-Ability to help

Term

SPECIFIC INTENT CRIMES

 

(not just desire to do the act, but the desire to achieve a specific result)

Definition
Assault, first degree murder, larceny, embezzlement, false pretenses, robbery, forgery, burglary, solicitation, conspiracy, attempt
Term

Defenses for specific intent ONLY

 

(only available for specific intent crimes)

Definition

1. voluntary intoxication

 

2. unreasonable mistake of fact

Term

Malice Crimes

 

(defendant acts intentionally or with reckless disregard of an obvious or known risk)

Definition
Murder, Arson
Term

General Intent Crimes

 

(generally aware of the factors constituting the crime)

Definition
Battery, Forcible Rape, False Imprisonment, and Kidnapping
Term

Strict Liability Crimes

 

(simply doing the act, no mental state)

Definition

-Public Welfare

(transferring unregistered firearms, selling contaminated food, shipping adulterated drugs in interstate commerce)

 

-Statutory Rape

Term
NEW YORK MENTAL STATES
Definition

-Intentionally (MPC Purposefully: conscious desire to achieve results)

-Knowingly (aware or practically certain he will cause results)

-Recklessly (aware of substantial and unjustifiable risk + consciously disregards)

-Negligently (should have been aware of substantial + unjustifiable risk)

-Strict Liability

Term
Criminal Causation
Definition
NEED ACTUAL + PROXIMATE
Term
Actual Causation
Definition

"But For"

 

bad result would not have happened but for defendant's conduct

 

Note: an accelerating cause is an actual cause

Term
Proximate (Legal) Causation
Definition

Bad result ia a natural and proximate consequence of the defendant's conduct (even if pre-existing weakness contributed to result)

 

**NOT proximate cause if an unforseeable event causes bad result

Term
Concurrence Principle
Definition
Defendant must have the required mental state at the same time as he engages in the culpable act
Term
Common Law Battery
Definition

Unlawful application of force to another, resulting in:

 

bodily injury, or

an offensive touching

 

 

mental state: general intent

Term
Common Law Assault
Definition

1. attempted battery (swing and a miss)

 

2. Intentional creation (other than by mere words) of a reasonable fear in the mind of a victim of imminent bodily harm (a fake punch)

 

mental state: specific intent

Term
NEW YORK ASSAULT
Definition

Intentionally causing physical injury to another person

 

1st deg: WEAPON

 

2nd: intentionally causing SERIOUS physical injury to person

 

3rd deg: intentionally causing non-serious physical injury

 

*no separate battery in NY

ATTEMPTED REQUIRES INTENT TO ASSAULT

Term
Factors that make crimes more serious in NY:
Definition

weapons

 

injury

(physical: substantial pain)

(serious physical injury: permanent or life threatening)

 

quantity

Term

YEAR AND A DAY RULE

 

(MURDER)

Definition

Common law: death must occur within a year-and-a-day of the homicidal act

 

NY: death may occur at any time

Term
Common Law Murder
Definition

Causing the death of another person with malice aforethought


FOUR MENTAL STATES:

-intent to kill (can be inferred from use of deadly weapon)

-intent to inflict serious bodily harm

-extreme recklessness (reckless indifference to human life/depraved heart murder)

-intentional commission of an inherently dangerous felony


Term
Transferred Intent
Definition

If a defendant intends to harm one victim but accidentally harms a different victim instead, the defndant's intent will transfer from the intended victim to the actual victim

 

*DOES NOT APPLY TO ATTEMPTS (only completed harms)

Term
Common Law Felony Murder
Definition

Any killing caused during the commission of or an attempt to commit a felony

 

Common limitations:

-D must be guilty of underlying felony 

-felony must be inherently dangerous

-felony must be independent of killing

-killing must take place during the felony or during immediate flight from felony (once felons reach temporary safety the felony ends)

-death must be forseeable

-victim must not be a co-felon

 

 

 

Term
NEW YORK ENUMERATED FELONIES FOR FELONY MURDER
Definition

B: burglary

R: robbery

A: arson

K: kidnapping

E: escape

S:sexual assault

Term
Vicarious Liability for co-felons murder committed during a felony
Definition

MAJORITY RULE: Proximate cause

-if one of the co-felons proximately causes the victim's death, ALL of the other co-felons will be guilty of felony murder, even if the actual killing is committed by a third party

 

MINORITY RULE: Agency Theory

-Felony murder doctrine applies only if killing is committed by one of the co-felons (NO 3rd PARTY!)

Term
NEW YORK NON-SLAYER DEFENSE
Definition

Limited affirmative defnese to felony murder if defendant can prove each of the following four things:

 

1. defendant did not kill the victim

2. defendant did not have a deadly weapon

3. defendant had no reason to bleive that his co-felons had deadly weapons

4. defendant had no reason to believe that his co-felons intended to do anything that was likely to result in death

Term
COMMON LAW FIRST DEGREE MURDER
Definition
any killing committed with premeditation (thought about it ahead of time) and deliberation (cool, calm, and collected)
Term

COMMON LAW SECOND DEGREE MURDER

Definition
All other intentional murders, as well as depraved heart murder and, intent to do serious bodily harm murder
Term
First degree murder in NEW YORK!
Definition

1. intent to kill

2. D is more than 18 years old

3. at least one aggravating factor

-victim is law enforcement officer engaged in officila duties at time of killing

-defendant committed a murder for hire

-felony murder where victim was intentionally killed

-killing for the purpose of victim intimidation

-there was more than one victim intentionally killed in same criminal transaction

Term
Second Degree murder NEW YORK!
Definition

1. Intentional killing that does not qualify for first degree

2. highly reckless killing demonstrating depraved indifference to human life by engaging in conduct that creates a grave risk of death (generally involving more than one victim)

*note: one victim usually requires torture

3. Felony murder where victim NOT co-felon and killed unintentionally

 

Term
Common Law Voluntary Manslaughter
Definition

Intentional killing committed in the heat of passion upon adequate provocation

 

1. objectively adequate (arouse sudden intense passion in reasonable person)

-assult/battery/presently witnessing adultery

(words alone may count but didn't used to)

2. subjectively adequate (actually provoked)

3. Defendant did not have time to cool

4. Did not acutlaly cool off between provocation and killing

Term

NEW YORK EED

(like common law voluntary manslaughter)

Definition

Intentional killing committed under the influence of a reasonable and extreme emotional disturbence

 

Acts as an affirmative defense to second degree murder, which means D must prove by preponderance of the evidence

Term
Common law INVOLUNTARY MANSLAUGHTER
Definition

-A killing committed with criminal negligence (higher standard - gross deviation)

 

-A killing committed during the commission of a crime to which felony murder doctrine does not apply

Term
MANSLAUGHTER IN NEW YORK
Definition

FIRST DEGREE: EED manslaughter (intent to cause serious physical injury)

 

SECOND DEGREE: recklessness (defendant is aware of and consciously disregards a substantial and unjustifiable risk of death)

Term
Criminally Negligent Homicide NEW YORK
Definition
defendant should have been aware of a substantial and unjustifiable risk of death
Term
Aggravated Homicide NEW YORK
Definition

When the victim of the homicide is a police officer killed in the line of duty

 

(adds aggravated to specific crime, i.e. aggravated criminally negligent homicide)

Term
Aggravated Murder NEW YORK
Definition
Defendant over the age of 18 causes the death of a child under the age of 14 in an especially cruel and wanton manner
Term
Common Law False imprisonment
Definition

unlawful confinement of a person without his or her consent

 

general intent

Term
UNLAWFUL IMPRISONMENT NEW YORK
Definition

SECOND DEG: unlawfully restraining someone without their consent

 

general intent

 

FIRST DEG: Second degree + risk of serious physical injury

Term
Common Law Kidnapping
Definition
Flase imprisonment that involves either moving the victim or concealing the victim in a secret place
Term
NEW YORK KIDNAPPING
Definition

SECOND DEG: abducting someone

 

FIRST DEG: abducting someone AND either:

1. ransom and restraint of the victim for more than 12 hours with intent to rape, injure, or rob the victim, OR

3. death of the victim

 

(note: victim killed accidentally --> 2nd degree felony murder

victim killed intentionally --> 1st degree felony murder)

Term
FORCIBLE RAPE (Common Law)
Definition

1. sexual intercourse

2. without victim's consent

3. accomplished by EITHER:

a. force

b. threat of force, or

c. unconscious victim

 

Mental state: GENERAL INTENT

Term
Statutory Rape Common Law
Definition

Sexual intercourse with someone under the age of consent

 

MAJ: strict liability

MIN: a reasonable mistake of age is a defense

Term
New york AGE OF CONSENT
Definition

17

 

-defendant must be at least 21 and the victim 16 or younger

Term
LARCENY (Common Law)
Definition

Trespassory taking and carrying away the personal property of another with the intent to permanently retain the property

 

-wrongful or unlawful

-property must be moved

-cannot have lawful custody of the property

-can't be larceny if intends to give property back

Term
Erroneous Takings Rule (LARCENY)
Definition
A taking under a claim of right is never larceny, even if the defendant erroneously believes the property is his
Term
Continuing Trespass
Definition

If a defendant wrongfully takes property, but without the intent to steal, he will not be guilty of larceny BUT if he later forms the intent to steal, the initial trespassory taking is considered to have continued and he will be guilty of larceny

 

(exception to the concurrence rule)

Term
EMBEZZLEMENT
Definition

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud

 

SPECIFIC INTENT TO DEFRAUD

 

Difference from larceny: D must already have lawful possession of the property

 

POSSESSION is more than mere custody (requires discretion over property)

 

Term
FALSE PRETENSES
Definition

Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud

 

Difference from larceny: defendant gets only custody of the property; in false pretenses defendant gets TITLE (ownership)

 

False statement: must be of present or past event (not future promise)

Term
Larceny by Trick
Definition
If the defendant obtains only custody (not title) as a result of the intentional false statement, the crime is "larceny by trick" not false pretenses
Term
Common Law Robbery
Definition

Larceny from another's person or presence (some location reasonably close to victim) by force (any amount of force to overcome resistance is sufficient) or threat of immediate injury

 

mental state: specific intent to steal

Term
Extortion/Blackmail
Definition
an individual who obtains the property of another through oral or written threats of future harm
Term
Common Law Forgery
Definition
Making or altering a writing so that it is false with the intent to defraud
Term
NEW YORK LARCENY
Definition
Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick at common law
Term
Degrees of Larceny
Definition

FIRST: a million

SECOND: 50,000

THIRD: 3,000

FOURTH: 1,000

Petit Larceny: less than 1000

Term
NEW YORK Robbery
Definition

FIRST: Forcible stealing and the victim is SERIOUSLY injured or defendant uses or displays a firearm

SECOND: forcible stealing and a defendnt is aided by another who is actually present OR victim is injured OR a car is stolen (carjacking)

THIRD: forcible stealing

 

Term
Affirmative Defense to FIRST DEG. ROBBERTY (NY)
Definition
if defendant can prove that the gun was unloaded or inoperable, the crime is reduced to second degree
Term
COMMON LAW BURGLARY
Definition

1. Breaking (creating/enlarging an opening by minimal force)

-can even be opening a window BUT NOT climbing thorugh an open one

-can be constructive (gaining entry by fraud, threats, or intimidation)

2. Entry (some part of defendant's body must enter building)

3. Dwelling (structure where someone sleeps)

4. Of another (not your own house)

5. At Night

6. Intent to commit felony inside (specific intent - rob, rape, assult, etc.)


**NOTE: many states have eliminated technical requirements

Term
NEW YORK BURGLARY
Definition

FIRST DEG:

-D knows he is burglarizing a dwelling, PLUS

-non-participant is injured

-or WEAPON

SECOND DEG: third PLUS

-one building is a dwelling, or

-non-particpant is injured

-defendant carries a weapon

THIRD DEG:

-entering or remaining

-in a building

-unlawfully

-with the intent to commit a crime inside

(no breaking, dwelling, or nighttime requirement)

Term
COMMON LAW ARSON
Definition

The malicious burning of a building.

 

State of mind: malice

 

Burning:

-requires material wasting AND must be building itself that burns

Term
NEW YORK ARSON
Definition

FIRST DEG: second degree arson + explosive or incendiary device

SECOND DEG: third degree arson when the defendant knows or should have known someone was in the building

THIRD DEG: intentional burning of a building

FOURTH DEG: reckless burning of a building

 

*traditionally, used to be a dwelling (not anymore)

*traditionally, could not commit arson on own property (not anymore)

Term
Possession of Contraband
Definition

possession: control for a period of time long enough to have an opportunity to terminate possession

*constructive possession: need not be in actual possession, so long as it is close enough for him to exercise dominion and control over it

 

mental state: knowledge (of the possession and of the character the item possessed)

Term
NEW YORK CRIMINAL POSSESSION OF A WEAPON
Definition

Gun must be operable and loaded

 

presence of a gun in a vehicle creates a presumption that all occupants of the vehicle possessed the gun

Term
RECEIPT OF STOLEN PROPERTY (Common Law)
Definition

Receiving possession and control of stolen personal property

 

MUST know that the property has been obtaned criminally by another party and with the intent to permanently deprive the owner of his interest in the property

Term
Criminal Possession of Stolen Property (NEW YORK!)
Definition
Property must be stolen. Property that is recovered or that is used with permission (by the police in an undercover sting) is not considered stolen
Term
Definition of Accomplice Liability
Definition

Aids or encourages the principal with the intent that the crime be committed

 

NEW YORK: accomplice need not specifically intend that the crime be committed. Enough that accomplice specifically intends to aid the principal's conduct, and otherwise has the mental state required crime.

(can be accomplice to negligent or recklessness crime)

Term
Scope of Accomplice Liability
Definition
Accomplice is guilty of all crimes that he aids or encourages (just as if he did it), and all other forseeable crimes committed along with the aided crime
Term

Things that don't count as accomplice liability: 

 

 

Definition

-Mere presence at the scene of the crime

-Mere knowledge of the crime does not make someone an accomplice (must INTEND to aid)

 

NEW YORK: without intention you can be held liable in New York (FACILITATION)

 

-victims of crime cannot be accomplices

Term
Withdrawal from ACCOMPLICE liability (COMMON LAW)
Definition

An accomplice can avoid criminal liability by withdrawing before the crime is committed.

 

ENCOURAGER: may withdraw by repudiating the encouragement before crime committed

 

AIDER: An accomplice who actually helped the principal must either neutralize the assistance or otherwise prevent the crime from happening

Term
Withdrawal from Accomplice liability in NEW YORK:
Definition

1. Accomplice must make a substantial effort to prevent the commission of the crime

 

2. Renunciation is an affirmative defense (burden on D)

Term
Accessory After the Fact (COMMON LAW)
Definition

a) help a principal who has committed a felony

b) with knowledge that the crime has been committed, and

c) with the intent to help the principal avoid arrest or conviction

Term
New York Accessory After the Fact
Definition

now commit statutory crimes - like obstruction of justice, harboring a fugitive

 

NEW YORK: hindering prosecution

Term
SOLICITATION
Definition

Asking someone to commit a crime, with the intent that the crime be committed

 

specific intent

 

(completion unnecessary - crime is in the asking)

Term
CONSPIRACY (COMMON LAW)
Definition

1. agreement to commit crime +

-can be proved by conduct (consert of action)

2. overt act in furtherance of crime

(any act, even if merely preparatory!)

 

specific intent to enter agreement and accomplish objectives of the conspiracy

 

Completion unnecessary

 

Term
Can you have a one person conspiracy?
Definition

Common law: NO (no agreement)

-if all other parties are acquitted, defendant cannot be convicted

 

New York: YES (unilateral approach)

-defendant may be guilty of conspiracy even if the other parties are acquitted or were just pretending to agree

Term

WHARTON RULE

 

(New York!)

Definition
When two or more people are necessary for the commission of a substantive offense, there is no conspiracy unless more parties participate in the agreement than are necessary for the crime
Term
Vicarious/Pinkerton Liability
Definition

In addition to conspiracy, defendant will be liable for other crimes committed by his co-conspirators, so long as those crimes

-were committed in furtherance of the conspiracy's objective

-were forseeable

Term
NEW YORK RULE ON VICARIOUS/PINKERTON LIABILITY
Definition
No vicarious liability for one who merely conspires and does not participate in a crime committed by a co-conspirator
Term
Can impossibility be used as a defense to conspiracy?
Definition
never!
Term
ACT requirements for Attempt
Definition

General Rule: attempt requires an overt act beyond mere preparation

 

NY PROXIMITY: Conduct that gets dangerously close to commission of the crime

 

MPC/MAJORITY: conduct that constitutes a substantial step toward commission of crime (so long as it strongly corroborates the actor's criminal purpose)

Term
Mental State for Attempt
Definition

Specific intent to commit underlying offense

 

You cannot attempt unintentional crimes

(no attempt versions of recklessness, negligence, or felony murder)

Term
Factual Impossibility as defense to attempt
Definition

some physical or factual condition unknown to D that prevents the underlying crime from taking place

 

NEVER a defense to attempt!

Term
Legal Impossibility as defense to attempt
Definition

some legal circumstance or status unknown to the D that prevents the successful completion of the underlying crime

 

COMMON LAW: is a defense to attempt

 

NEW YORK: NEVER defense to attempt

(intention + proximity (dangerously close) = attempt)

Term

WITHDRAWAL/ABANDONMENT for Inchoate Offenses

(sonspiracy, solicitation, attempt)

 

COMMON LAW

Definition

 withdrawal is not a defense BUT no longer vicariously liable under Pinkerton

 

Guilty of conspiracy and all forseeable crimes committed by co-conspirators prior to withdrawal

Term

WITHDRAWAL/ABANDONMENT for inchoate offenses

(conspiracy, solicitation, attempt)

 

NEW YORK

Definition

Renunciation is a defense to solicitation, conspiracy, and attempt if

1. D renounces criminal purpose prior to the commission of the substantive offense and makes a sincere and successful effort to prevent hte commision of the substantive offense, and

2. renunciation is complete and voluntary (genuine change of heart, not fear of failing/being caught)

Term
MERGER RULES
Definition

Solicitation + Attempt merge with crime

 

NEW YORK: solicitation does not merge

 

CONSPIRACY NEVER MERGES

Term
INSANITY DEFENSE
Definition

1. must have disease or defect


2. legal insanity tests:


a) M'Naughten: defendant either did not know that conduct was wrong or did not understand the nature of his conduct(cognitive)

b) Irresistable Impulse: unable to control actions or unable to conform conduct to the law (volitional)

c) MPC: lacked capacity to either appreciate criminality of his conduct or conform conduct to law (MPC)

Term
INSANITY IN NEW YORK
Definition

D must prove he or she lacked substantial capacity to:

 

1. understand the nature/consequence of his act, or

2. appreciate the wrongfullness of his conduct

Term
Incompetency
Definition

whether, at the time of trial, the D cannot either

1. understand the nature of the proceedings against him, or

2. assist his lawyer in the preparation of his defense

Term

Voluntary Intoxication Defense

 

Common Law

Definition

Can be a defense to specific intent crimes only

 

requries such severe prostration of the faculties that the defendant cannot form the requisite specific intent

Term

Voluntary Intoxication Defense

 

NEW YORK

Definition

Can be a defense to intent and knowledge crimes, if the intoxication prevents the defendant from forming the required state of mind

 

cannot be a defense to recklessness, negligence, or strict liability

Term

Infancy Defense

 

Common Law

Definition

UNDER 7: prosecution not allowed

 

7-14: rebuttable presumption against prosecution

 

OVER 14: prosecution is allowed

Term
New York Infancy Rules
Definition

Under 13: criminal prosecution as adult not allowed - only juvenile delinquincy hearing in family court

 

IS 13: criminal prosecution as an adult allowed for second degree murder

 

14 or 15: criminal prosecution as an adult allowed for serious crimes against person or property

 

16: criminal prosecution as an adult allowed for any crime

Term

MISTAKE Defense

 

Common Law

Definition

Mistake of fact depends on the mental state for the crime and wehther the mistake is reasonable or unreasonable

 

specific intent: any mistake of fact (even unreasonable) is defense

 

Malice (gen. intent): only a reasonable mistake

 

Strict liability: never a defense

Term

MISTAKE OF FACT DEFENSE

 

NEW YORK

Definition

Mistake of fact will be a defense if the mistake negates hte required mental state

 

Intent/Knowledge or recklessness: any mistake of fact (even unreasonable) is usually defense

 

Negligence: only reasonable mistake

 

Strict Liability: never

Term
Mistake of Law
Definition

Generally not a defense

 

UNLESS statute specifically makes knowledge of law an element of the crime

Term
Rule for NONDEADLY force (Self Defense)
Definition

A defendant may use nondeadly force if it is:

 

1. reasonably necessary

2. to protect against an immediate use

3. of unlawful force against himself

Term
Rule for Deadly Force (self-defense)
Definition
A defendant may use deadly force in self-defense if he feels he is facing an imminent threat of death or serious bodily harm
Term
Initial Aggressor Rule
Definition

A defendant may not use deadly force if he is the initial aggressor (the person who started the fight) BUT he can regain the right to use deadly force if:

 

he withdraws from fight and communicates withdrawal

OR

victim suddenly escalates nondeadly fight into deadly one

Term
New York Initial Aggressor Rule
Definition
Initial aggressor must withdraw before using deadly force in self-defense, even if the other party suddenly escalates a nondeadly fight into a deadly fight
Term
The Retreat Rule (self-defense)
Definition

Defendant is required to retreat beofre using deadly force in self-defense:

 

MAJORITY: retreat not required

 

NEW YORK: retreat is required unless

-D cannot retreat in complete safety, or

-D is in his house (castle exception)

Term
MISTAKE in SELF-DEFENSE
Definition

Reasonable mistake: complete defense

 

Unreasonable mistake:

NEW YORK/MAJORITY: no defense

MINORITY/MPC: mitigate not exonerate

 

Imperfect self-defense: an unreasonable belief in the need to use deadly force will mitigate murder to voluntary manslaughter

Term
Use of force to prevent a crime
Definition

Nondeadly force may be used, if reasonably necessary, to prevent any serious breach of the peace

 

Deadly force may only be used to prevent a felony risking human life

 

 

Term
Defense of Others
Definition
A defendant may use force and deadly force to protect others just the same as he could use it to defend himself
Term
Defense of Property
Definition

Deadly force may not be used to defend prop.

 

May use deadly force in dwelling when:

-intruder gained entry in tumultuous manner AND

-occupant reasonably believes use of deadly force is necessary to prevent a personal attack on herself or someone else in the dwelling

Term
Resisting Arrest
Definition

If D knows or reasonably should ahve known that hte person performing hte arrest is a police officer:

 

MAJ: if the arrest is unlawful, the  may use non-deadly force to resist the arresting officer

 

NEW YORK: force may not be used to resist arrest, even an unlawful one, unless officer used excessive force

Term
Use of Deadly Force by Law Enforcement
Definition

An officer may use deadly force when doing so is reasonable under the circumstances

 

(ask whether suspect posed danger to human life)

Term
NECESSITY DEFENSE
Definition

It is a defense to criminal conduct if the defendant reasonably believes that hte conduct was necessary to prevent a greater harm

 

Unavailable if

-defendant causes death of another person to protect property, or

-defendant is at fault in creating the situation that creates choice of evils

Term
DURESS
Definition

It is a defense if the defendant was coerced to commit a crime beacause of a threat, from another person, of imminent death or serious bodily injury to himself or a close family member

(cannot be defense to homicide)

 

NEW YORK!!! CAN BE DEFENSE TO HOMICIDE!

Term
ENTRAPMENT
Definition

If government unfairly tempted the defendant to commit the crime, he may claim entrapment IF

 

a) the criminal design originated with the government and

 

b) D was not predisposed to commit the crime

Supporting users have an ad free experience!