Term
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Definition
| Burden of Proof, Retribution theory, Utilitarian theory |
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Term
| Legality and Statutory Interpretation |
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Definition
| NYPL rejects lenity, look at the fair import of terms (ordinary meaning), legislative purpose. |
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Term
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Definition
| Voluntary act+ Omission/duty, attendant circumstances, result or conduct. |
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Term
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Definition
| Intentionally/purposely (conscious objective), knowingly (aware), recklessly (aware/disregard of substantial/unjustifiable risk, gross deviation), negligence (failure to perceive), mistake of fact/law, strict liability |
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Term
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Definition
| But for test, acceleration, substantial factor |
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Term
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Definition
| direct cause, intervening cause, forseeability, apparent safety, voluntary human intervention, intended consequences, de minimis, omissions |
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Term
| intent to kill murders (NY) |
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Definition
NY: Murder 1, Murder 2, aggravated murder, EED (manslaughter 1)
COM. LAW- Malice aforethought with premeditation and deliberation |
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Term
| Intent to kill manslaughters |
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Definition
EED+ Murder= Manslaughter 1 or Agg. Manslaughter
Com. Law- heat of passion |
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Term
| Unintentional Reckless murders |
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Definition
| Murder 2, reckless with depraved indifference to human life. |
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Term
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Definition
| intent to commit the crime, intent to result/conduct of the underlying crime, follows the same for MR for attendant circumstances of underlying crime. NY does dangerous proximity, MPC does strongly corroborative substantial test, abandonment defense, merger applies at NY, MPC, and Common Law |
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Term
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Definition
| Intent that another engage in conduct, intent to solicit/request/etc, voluntary act, solicit/request/etc, abandonment defense, merger applies at Common Law and MPC but not NY |
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Term
| Conspiracy to commit (crime) |
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Definition
intent to agree, intent that the crime be performed, overt act in furtherance, agreement, does not merge at Common law, MPC and NY, KAPP factors
-Debate on Unilateral v. Bilateral
- Supplier situation?
-Abandonment defense (affirmative)
-Pinkerton for Federal jur. but not NY |
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Term
| Crime through accomplice liability |
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Definition
| 2 mens reas', 2 Actus Reus' + voluntary act, explain pinkerton, supplier situation, common law principals (1st and 2nd degree principal) vs accessories (before and after the fact). |
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Term
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Definition
| Common law larceny rule, physical vs constructive possession, breaking bulk ( bailee), larceny by trick, embezzlement, false pretenses, finder of lost goods. |
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Term
| Failure of proof defenses |
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Definition
| mistake of fact, mistake of law, intoxication |
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Term
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Definition
| EED, abandonment (BOTH AFFIRMATIVE) |
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Term
| Self- Defense/defense of others |
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Definition
| Justification Defense (on Pros). - Reasonable belief of necessity and imminence, retreat duty, castle exception, non-deadly vs. Deadly force. |
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Term
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Definition
| Justification Defense- reasonable belief of necessity and imminence, AGAINST burglary or arson. YOU CANNOT USE MECHANICAL GUNS (AUTOMATED) |
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Term
| Unintentional manslaughters (et al) |
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Definition
-intent to cause serious physical injury- manslaughter 1
-Reckless- Man 2
-Agg man 1&2
-Crim neg homicide+ aggravated. |
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Term
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Definition
| murder 2, no Mens REA, agency vs. proximate cause, NY- special defense, Common law limitations!- Inherently dangerous, independent felony, res gestae, MPC reckless presumption |
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Term
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Definition
| NY (lack of consent, rape1, crim sex act 1), Common Law (resistance, force, gen intent, marital immunity) MPC. |
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Term
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Definition
| Justification Defense - necessity, imminence, no fault of actor, balancing test |
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Term
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Definition
| (Excuse Defense) - coerced, use or threatened imminent use of force, reasonable firmness, not intentional |
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Term
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Definition
1) M'nagthen Test- Similar to NYPL
2) MPC
3) irresistible impulse
4) Durham Product test |
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Term
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Definition
(excuse defense)
- voluntary intoxication= Reckless (affirmative)
-involuntary intox = insanity or failure of proof. |
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