Crim Law

Front 1

Withdrawal for Accomplice Liability

Back 1

W/drawal is an affirm defense to accomplice liability for the substantive offe3nse, other then attempt, if the accomplice:
1) voluntarily/completely renounces his criminal purpose
2) w/draws prior to commission, AND
3)makes susbtantial effort to prevent the crime

Front 2

Accomplice Defenses

Back 2

Accomplice if not absolved of liability
1) by defenses of the principle
2)BY failure of state to prosecute the principle, OR
3)Principle acquitted, immune

[Note] - persons cannot be convicted solely on uncorroborated testimony of accomplice

Front 3

Accomplice Affirm Defense to Felony Murder

Back 3

1) Did not commit or aid in commission of homicidal act
2) Was not armed
3) Had reasonable ground to believe co-felon not armed
4) Had no reasona to believe co-felons was not going to enagge in homocidal acts

Front 4

Solicitation

Back 4

Seperate offense, independant of the substantive crime charged

Front 5

Conspiracy

Back 5

1) requires overt act
2) No vicarious liability for one who merely conspires and does not participate in committing the offense
3) A single D cannot be convicted of conspiracy

Front 6

W/drawal from Conspiracy

Back 6

W/drawal is affirmative defense
1) voluntarily and completely renounce
2) prevent commission of the object crime

Front 7

Defenses and Affirm Defense

Back 7

Defenses - disproved BRD by prosecution

Affirm Defense - raised by D and proved by PPE

Front 8

Affirm Defenses?

Back 8

Insanity, entrapment, duress

Front 9

Insanity

Back 9

As a result of mental disease of defect, he lacked capacity to know or appreciate eithers the nature/consequence or that such conduct was wrong

Front 10

Non Deadly Force Self-Defense

Back 10

A person may use physical force on another to extent he reasonable believes such force is necessary to defend himself/another from use or imminent use of unlawful force UNLESS
1) w/ intent to cause injury, he provoked the use of force, OR
2) he was the initial aggressor

Front 11

Deadly Force Self-Defense

Back 11

A person may not use deadly force if he can safetly retreat...
-->Retreat is not required if the person
1) is at home and not the initial aggressor
2)believes the other person is committing a burglary or arson

Front 12

Duress

Back 12

A defense to all crimes including homicide

Front 13

Assualt/Battery

Back 13

No battery in NY - only assualt
1) Assualt requires the victim to suffer physical injury

Front 14

1st Degree Murder

Back 14

Intentional murder w/ special circumstances including
1) victim was police officer
2) D committed murder for hire
3) Intentional felony murder - BARRK plus
4) others

Front 15

2nd Degree Murder

Back 15

Three forms
1) intentional murder other then 1st degree murder
2) highly reckless murder, and
3) felony murder

Front 16

Intentional Murder

Back 16

When a person w/ intent to cause death of another cause the death of another

Affirm Defense:
(1) extreme emotional disturbance

Front 17

Highly Reckless Murder

Back 17

Demonstrating a depraved indifference to human life, recklessly engaging in conduct that creates a grave risk of death

Front 18

2nd Degress Felony Murder

Back 18

Applies to all participants - not just victims

Conviction is possible even if underlying felony is dismissed

Front 19

1st Degree Manslaughter

Back 19

1) Serious bodily harm resulting in death
2) Extreme emotional disturbance (D must raise and prove as affirm defense to mitigate)

Front 20

2nd Degree Manslaughter

Back 20

1) Reckless - conscious disregard of a substantial risk which causes death
[intoxication not a defense]

Front 21

1st Degree Kidnapping

Back 21

Person abducts another
1) with intent to compel 3rd person to pay ranson, OR
2) Retrains vitcim for more then 12 hours w/ intent to inflict injury

Front 22

2nd Degree Kidnapping

Back 22

Abducting someone

Front 23

1st Degree Rape

Back 23

Committed when any person engages in sexual intercourse
1) by forcible compulsion
2) someone less then 11
[mistake as to age no defense]

Front 24

Corroboration and Sexual Assualt

Back 24

D may not be convicted solely on testimony of victim

Front 25

Larceny

Back 25

Same as MBE - except
1) issuing bad check
2) acqutiing lost/mislaid property

are both larcent

Front 26

Degress of Larceny

Back 26

Degreed by value of property
1) 1st Degree >$1M
2) 2nd Degree >$50K
3) 3rd Degree >$3K

Front 27

1st Degree Robbery

Back 27

1) D causes a non-participant serious physical injury, OR
2) D is armed or threatens use of dangerous instrument or displays what appears to be a firearm

Front 28

2nd Degree Robbery

Back 28

1) D is aided by another who is actually present, OR
2) D (or other) physically injure non-participant, OR
3) Threat of immediate use of force

Front 29

3rd Degree

Back 29

Forcibly stealing property

Front 30

Burglary

Back 30

(1) includes remaining unlawfully as well as entry
(2) Intent to commit ANY crime
(3) Does not have to be a dwelling
(4) Does not have to be at nights

Front 31

3rd Degree Burglary

Back 31

Knowingly entering/remaining unlawfully in a building w/ intent to commit crime

Front 32

2nd Degree Burglary

Back 32

3rd Degree PLUS
1) building is a dwelling
2)D injured non-particiapnt, OR
3)Defendant was armed

Front 33

1st Degree Burglary

Back 33

Burglary of a dwelling w/ 2nd degree aggravating factors

Front 34

3rd Degree Arson

Back 34

(1) intentionally damagin a bldg or car
(2) by intentionally starting a fire or explosion

Front 35

2nd Degree

Back 35

(1) intentional damage to bldg or car
(2) by intentionally starting a fire
(3) w/ knowledge that a non participant is present or reasonable possibility thereof

Front 36

1st Degree

Back 36

2nd Degree except D causes the explosion or fire by incendiary device