Crim Law Ny

Front 1

What is solicitation?

Back 1

Solicitation is the inducement of another to commit a crime...it is immaterial that the other person does not intend to actually commit the solicited crime

Front 2

What is the test for "willfully" and "knowingly"?

Back 2

Subjective-the defendant must actually possess the knowledge r act knowing that the forbidden conduct is taking place. (However, a defendant is not allowed to insulate himself from liability by purposefully remaining ignorant in circumstances where he is required to monitor his own behavior.)

Front 3

How is malice defined?

Back 3

Malice is usually defined as having the intent to accomplish proscribed action, or a wanton and willful disregard for the very high risk created by the proscribed conduct

Front 4

False Prentenses

Back 4

The acquisition of title to the property of another by fraud

Front 5

Entrapment (2)

Back 5

1. Commission of the crime was induced by a government agent
2. The Defendant was not predisposed to commit the crime.

Predisposed-means that the defendant was ready and willing to commit the crime whenever an opportunity was afforded.

Front 6

Involuntary Manslaughter (2)

Back 6

1. Death caused by criminal negligence
2. Death caused by an unlawful act

Front 7

Criminal Facilitation

Back 7

1. Facilitator has knowing aided in the commission of a crime but his culpability does not reach accomplice level

2. The facilitator need only believe that it was probable that he was rending aid

3. The conduct alleged must have aided in the commission of the object felony and

4. The facilitator may not be convicted on uncorroborated testimony of the person facilitated

An affirmative defense exists for a facilitator who takes steps to prevent the felony

Front 8

Solicitation (2)

Back 8

1. Encouraging, aiding, abetting, or ordering another person to commit a crime with
2. the intent that the other person commit the crime

Front 9

Accomplice Liability (3)

Back 9

1. Must be aiding, abetting, and counseling the crime--active aiding required. Mere presence not enough even if by presence D seems to be consenting to the crime or even if D fails to notify the police
2. Liability: the crime itself and all other foreseeable crimes

Front 10

Accomplice Liability Defenses (3)

Back 10

Withdrawal/affrimative defense

1. Voluntarily renounced
2. Withdraw prior; and
3. Made substantial effort to prevent

Front 11

A general intent requires?

Back 11

Proof only that the accused intended to commit the act which served as the actus reus, not that he intended the injury which might result

Front 12

Under the MPC, a D acts "knowingly" if "he is aware that it is...

Back 12

Practically certain that his conduct will cause that result

Front 13

What is False Pretenses?

Back 13

Is when the defendant obtains title to the property of another by knowing misrepresenting a material fact

Front 14

What are the specific intent crimes?

Back 14

a) Solicitation
b) Conspiracy
c) Attempt
d) First Degree (Premeditated) Murder (* Can be reduced to Common Law "Second Degree" Murder by use of specific intent defenses)
e) Assault (Attempted Battery, BUT NOT threatened bodily harm)
f) Larceny
g) Robbery
h) Burglary
i) Forgery
j) False Pretenses
k) Embezzlement

Front 15

Specific intent requires?

Back 15

Intent to engage in crime

Front 16

What are the malice crimes? (MA) (2)

Back 16

Murder
Arson

Front 17

What is "malice"?

Back 17

Reckless disregard

Front 18

What is larceny? (4)

Back 18

1. Unlawful taking (stealing), AND
2. Carrying away personal property of another
3. Without consent (by trespass)
4. With intent to permanently deprive at time of taking

Front 19

What are the G.I. crimes? (RBKF)

Back 19

a) Rape
b) Battery
c) Kidnapping
d) False Imprisonment

Front 20

What is false pretenses?

Back 20

Occurs when the accused has fraudulently obtained title to another's property.

Front 21

NY Larceny...degrees

Back 21

Larceny includes issuing a bad check

1st Degree—$1 Million
2nd Degree—$50,000 OR extortion by fear
3rd Degree—$3,000
4th Degree—$1,000
Petit Larceny (misdemeanor)—Any property < $1,000

Front 22

NY Rape...degrees

Back 22

NY DISTINCTION

1st Degree Rape—Sexual intercourse with any person:
(a) Who is under 11 years old (mistake as to age is NO defense),
(b) Who is physically helpless, OR
(c) By forcible compulsion

* D may NOT be convicted solely on testimony of victim where lack of consent is an element, EXCEPT in cases of forcible rape

Front 23

5 circumstances in which a duty to ACT arises

Back 23

1. by statute. (Eg, file a tax return) 2. by contract (Eg, lifeguard, nurse) 3. relatoinship btw parties (parent/child; spouses to one another) 4. ** voluntarily assuming a duty of care toward s/o else and then failing to perform it 5. Where your conduct created the peril

Front 24

4 common law mental states, and crimes associated with each

Back 24

(1) specific intent --solicitation; conspiracy; attempt; first degree murder; Assault; Larceny; Embezzlement; False pretenses; Robbery; Burglary; Forgery (2) malice -- murder (2nd degree); arson (3) general intent -- all other crimes (eg, battery and rape) (4) strict liability - statutory rape [formula for knowing if it's SL: if the crime is in administrative, regulatory, or morality area, and statute has no adverbs (knowingly, willfully, intentionally, etc), it’s an SL crime]

Front 25

If you aim to shoot A, and hit B instead (by accident), what doctrine covers the killing of B? What crimes can you be charged with?

Back 25

Transferred intent. The intent to kill one person is transferred to govern the death of the person you actually killed. Murder and attempted murder. (** There are always 2 crimes in a transferred intent scenario. No merger b/c there are 2 victims.)

Front 26

Accomplice liability - Rule

Back 26

accomplices are liable for the crime itself and all other foreseeable crimes. Exam tip: NEVER give accomplice liability unless the person is actively aiding, abetting, or counseling the crime. Even if person seems to be going along w/ it, or doesn’t call the police, this alone doesn’t give rise to accomplice liability.

Front 27

Murder - definition

Back 27

Murder is the unlawful killing of a human being with malice aforethought

Front 28

Malice aforethought - definition

Back 28

Malice aforethought exists if the defendant has ONE of the following: 1.intent to kill, 2.intent to inflict great bodily injury 3.awareness of an unjustifiably high risk to human life 4.intent to commit a felony

Front 29

What is voluntary manslaughter? When can an intentional killing be reduced to voluntary manslaughter?

Back 29

A provoked killing; involves passion or provoking event. Murder can be reduced to V.M. ONLY if ALL of the following are true: i.The defendant acts under a provocation that would around sudden and intense passion in the mind of an ordinary person such as to cause him to lose self-control; ii.There is insufficient time between the provocation and the killing for the passions of a reasonable person to cool; and iii. The defendant did not, in fact, cool off between the provocation and the killing.

Front 30

Solicitation - definition/elements

Back 30

Solicitation consists of inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime. EXAM TIP: solicitatoin ENDS when the person agrees to do the crime.

Front 31

CONSPIRACY - elements

Back 31

A conspiracy is an agreement between 2 or more persons to accomplish some unlawful purpose, or to accomplish a lawful purpose by unlawful means. There must be (i) an agreement, (ii) an intent to enter into an agreement, and (iii) an intent to achieve the objective of the agreement. The parties must agree to achieve the same objective by mutual action. Requires a meeting of at least two “guilty minds” EXAM TIP: Unwitting agents are not conspirators .

Front 32

Forgery -- definition

Back 32

Forgery consists of the making of a false writing or the altering of an existing writing with intent to defraud EXAM TIP: Any writing that has potential legal significance is a potential subject of forgery.

Front 33

Uttering - definition

Back 33

Uttering consists of offering as genuine an instrument that may be the subject of forgery, and is false, with intent to defraud.

Front 34

Continuing trespass doctrine

Back 34

If a defendant takes property with a wrongful state of mind but without the intent to steal, and later, while still in possession of it, forms the intent to steal it, the trespass involved in the original wrongful taking is regarded as “continuing” and the defendant is guilty of larceny!

Front 35

Embezzlement

Back 35

Embezzlement is the fraudulent conversion of property of another by a person in lawful possession of that property. The misappropriation of the property occurs while the defendant has lawful possession of it.

Front 36

Four Insanity Tests and Definitions of each

Back 36

M’Naghton test: At the time of her conduct, def lacked the ability to know the wrongfulness of her actions or to understand the nature and quality of her actions Irresistible impulse test - Def lacked capacity for self control and free choice. Durham rule - Def’s conduct was a product of a mental illness. MPC test - Def lacked the ability to conform her conduct to the requirements of law.

Front 37

Intoxication Defense

Back 37

1. Voluntary intoxication - Includes addicts/alcoholics; a defense ONLY to specific intent crimes! 2. Involuntary intoxication - a form of insanity. This & insanity ARE defenses to ALL crimes, INCLUDING SL crimes

Front 38

Assault - definition/elements

Back 38

2 theories of assault at common law: 1. Assault as an attempted battery (I swing, you duck, I miss). This is a specific intent crime (an attempt) 2. Assault as a threat. (I threaten you with bodily injury.) This is a general intent crime.

Front 39

Burglary

Back 39

Breaking and entering another person’s house at night w/ intent to commit a felony inside Can be ACTUAL (force) or CONSTRUCTIVE (threats or fraud) breaking. EXAM TIP: Not a breaking for s/o to come uninvited through an open door/window!But if person then pushes open INTERIOR door, THAT is a breaking B&E has to be with the INTENT TO COMMIT A FELONY INSIDE. That intent has to exist at the time of the breaking!