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10 Cards in this Set
- Front
- Back
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Defenses: burden of proof - NY State
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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 |
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Felonies and Misdemeanors
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• 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 |
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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 |
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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 |
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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 |
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11 Specific Intent Crimes - Common Law
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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 |
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Defenses to specific intent crimes - Common Law
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• Defenses (2):
o There are only two defenses available for specific intent crimes • Voluntary intoxication, AND • Unreasonable mistake of fact. |
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Examples of General Intent Crimes - Common Law
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o Battery
o Forcible rape o False Imprisonment o Kidnapping |
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2 types of Strict Liability Crimes - Common Law
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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 |
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Mental States - NY State
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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 |
