Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/36

Click to flip

36 Cards in this Set

  • Front
  • Back
Withdrawal for Accomplice Liability
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
Accomplice Defenses
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
Accomplice Affirm Defense to Felony Murder
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
Solicitation
Seperate offense, independant of the substantive crime charged
Conspiracy
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
W/drawal from Conspiracy
W/drawal is affirmative defense
1) voluntarily and completely renounce
2) prevent commission of the object crime
Defenses and Affirm Defense
Defenses - disproved BRD by prosecution

Affirm Defense - raised by D and proved by PPE
Affirm Defenses?
Insanity, entrapment, duress
Insanity
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
Non Deadly Force Self-Defense
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
Deadly Force Self-Defense
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
Duress
A defense to all crimes including homicide
Assualt/Battery
No battery in NY - only assualt
1) Assualt requires the victim to suffer physical injury
1st Degree Murder
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
2nd Degree Murder
Three forms
1) intentional murder other then 1st degree murder
2) highly reckless murder, and
3) felony murder
Intentional Murder
When a person w/ intent to cause death of another cause the death of another

Affirm Defense:
(1) extreme emotional disturbance
Highly Reckless Murder
Demonstrating a depraved indifference to human life, recklessly engaging in conduct that creates a grave risk of death
2nd Degress Felony Murder
Applies to all participants - not just victims

Conviction is possible even if underlying felony is dismissed
1st Degree Manslaughter
1) Serious bodily harm resulting in death
2) Extreme emotional disturbance (D must raise and prove as affirm defense to mitigate)
2nd Degree Manslaughter
1) Reckless - conscious disregard of a substantial risk which causes death
[intoxication not a defense]
1st Degree Kidnapping
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
2nd Degree Kidnapping
Abducting someone
1st Degree Rape
Committed when any person engages in sexual intercourse
1) by forcible compulsion
2) someone less then 11
[mistake as to age no defense]
Corroboration and Sexual Assualt
D may not be convicted solely on testimony of victim
Larceny
Same as MBE - except
1) issuing bad check
2) acqutiing lost/mislaid property

are both larcent
Degress of Larceny
Degreed by value of property
1) 1st Degree >$1M
2) 2nd Degree >$50K
3) 3rd Degree >$3K
1st Degree Robbery
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
2nd Degree Robbery
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
3rd Degree
Forcibly stealing property
Burglary
(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
3rd Degree Burglary
Knowingly entering/remaining unlawfully in a building w/ intent to commit crime
2nd Degree Burglary
3rd Degree PLUS
1) building is a dwelling
2)D injured non-particiapnt, OR
3)Defendant was armed
1st Degree Burglary
Burglary of a dwelling w/ 2nd degree aggravating factors
3rd Degree Arson
(1) intentionally damagin a bldg or car
(2) by intentionally starting a fire or explosion
2nd Degree
(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
1st Degree
2nd Degree except D causes the explosion or fire by incendiary device