Term
| What are the FIVE Mental States for a Crime in NY? |
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Definition
1. INTENT OR PURPOSE: When it is the DF’s conscious object to accomplish a particular result (What the DF meant to do).
2. KNOWINGLY: DF is aware of what he is to do.
3. RECKLESSLY: DF is aware of a risk that is substantial or justifiable and he consciously disregards it.
4. NEGLIGENTLY: When DF should have known about a substantial or justifiable risk (no subjective knowledge is required).
5. STRICT LIABILITY: No mental state required (like common law). |
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Term
| What is the TWO Mistake Defense Doctrines in NY? |
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Definition
1. MISTAKE OF FACT: a mistake of fact is a defense if it negates the required mental state.
• PURPOSE, KNOWLEDGE, OR RECKLESSNESS: even an unreasonable mistake will often be a defense.
• NEGLIGENCE CRIMES: only a reasonable mistake will be a defense.
• STRICT LIABILITY: a mistake of fact will NEVER be a defense, no matter how reasonable it is.
MISTAKE OF LAW: NEVER a defense. |
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Term
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Definition
Intentionally causing physical injury to another person (No offensive touching element). NOTE: Battery is NOT a separate crime in NY:
NEW YORK DEGREES OF ASSAULT:
1ST DEGREE ASSAULT: Intentionally causing SERIOUS physical injury + Weapon.
2ND DEGREE ASSAULT: Intentionally causing SERIOUS physical injury.
3RD DEGREE ASSAULT: Intentionally causing physical injury.
ATTEMPTED ASSAULT IN NY: requires intent to assault. Merely creating a reasonable apprehension (without intent to actually injure) is a DIFFERENT crime called "MENACING". |
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Term
| Does the "Year & a Day Rule" Apply in NY? |
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Definition
| No. Under common law, the Victim's Death must occur within a year and a day of the homicidal act. In NY (and majority of states), death may occur ANYTIME. |
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Term
| What does First Degree Murder Require in NY? |
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Definition
1ST DEGREE MURDER REQUIRES:
DF Intended to Kill
AND
DF must be at least 18 years old
AND
At least ONE aggravating factor occurred (out of FIVE):
1. Victim is a cop
2. Killing for witness intimidation
3. Murder for hire (both for hirer & hiree)
4. Two or more victims
5. Intentional killing during a serious felony (NOT felony murder (accidental)) |
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Term
| What are the THREE kinds of Second Degree Murders in NY? |
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Definition
1. INTENT TO KILL (NY does NOT use premeditation or deliberation).
2. *DEPRAVED INDIFFERENCE: An utter disregard for human life. Generally, act must put more than one person in danger. CANNOT be used for ONE-ON-ONE killings, UNLESS it involves:
• Brutal torture
• Abandoning a helpless victim to almost certain death.
3. FELONY MURDER: Similar to common law but with THREE differences:
1. Only BRAKES UNDERLYING FELONIES
BURGLARY
ROBBERY
ARSON
KIDNAPPING
ESCAPE
SEXUAL ASSAULT
DF NEED NOT BE CONVICTED OF UNDERLYING FELONY (so long as there is sufficient evidence that DF committed felony).
NON-SLAYER DEFENSE: an affirmative defense in felony murder if a DF can prove each of the following FOUR things:
1. DF did NOT do the killing.
2. DF did NOT have a deadly weapon (gun or knife).
3. DF had no reason to believe that his co-felons had deadly weapons AND
4. DF has no reason to believe his co-felons intended to anything likely to result in death. |
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