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10 Cards in this Set

  • Front
  • Back
Defenses: burden of proof - NY State
o Defenses: prosecution must disprove beyond a reasonable doubt

o Affirmative defense: the D bears the burden of proof by a preponderance of the evidence
Felonies and Misdemeanors
• Felony: crimes that may be punished by more than 1 year in prison.
• Misdemeanors: a crimes for which the maximum punishment may not exceed 1 year in prison
The Act Requirement:
1. Physical Acts definition
2. Do not include...
• All bodily movements are physical acts that can be the basis for criminal liability, provided they are voluntary
• Involuntary movements that are NOT considered criminal “acts”:
o One that is not the product of the actor’s volition
o Sleepwalking or otherwise unconscious conduct
o A reflex or convulsion
The Act Requirement:
Omissions (3 requirements)
a. Legal duty
The omission must be coupled with a legal duty, which can be created in 5 different ways:
o By statute (filing tax return)
o By contract (babysitter, doctor, lifeguard)
o By status relationship (Parent/child, Spouse/spouse)
o By the voluntary assumption of care (duty to continue helping, where his conduct prevented other from rendering aid)
o By creation of the peril

b. Knowledge of the facts that give rise to the duty

c. Ability to help
Mental States - Common Law
- 4 common law mental states
a. Mental State # 1: Specific Intent
• When the crimes requires not just the desire to do the act but the desire to achieve a specific result

b. Mental State # 1: Malice
• Malice: proven when a defendant acts intentionally or with reckless disregard of an obvious or known risk

c. Mental State #3: General Intent
• D need only be generally aware of the factors constituting the crime. Does not need intent to produce the result.

d. Mental State #4: Strict Liability
• When the crime requires simply doing the act. No mental state is needed
• Proof of the act itself is enough for liability
11 Specific Intent Crimes - Common Law
11 Specific Intent Crimes

o Crimes against the person
• Assault
• First degree premeditated murder (statutory crime)

o Crimes against property
• Larceny
• Embezzlement
• False pretenses
• Robbery
• Forgery
• Burglary

o Inchoate crimes
• Solicitation
• Conspiracy
• Attempt
Defenses to specific intent crimes - Common Law
• Defenses (2):

o There are only two defenses available for specific intent crimes

• Voluntary intoxication, AND
• Unreasonable mistake of fact.
Examples of General Intent Crimes - Common Law
o Battery
o Forcible rape
o False Imprisonment
o Kidnapping
2 types of Strict Liability Crimes - Common Law
o Public welfare offenses: regulatory of morality offenses (selling alcohol to minors, contaminated foods) that typically carry small penalties
o Statutory rape: having sex with someone who is under the age of consent
Mental States - NY State
a. Intent:
• When its the D’s conscious desire to accomplish a particular result
o What the D wants to do

b. Knowledge:
• When D is aware of what he is doing
• With respect to a result, when D is aware that it is practically certain that his conduct will cause that result

c. Recklessness:
• When the D is aware of a substantial or unjustifiable risk AND consciously disregards that risk

d. Negligence:
• When the D should have been aware of a substantial and unjustifiable risk

e. Strict Liability
• No mental state required – as in Common Law