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

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


Play button


Play button




Click to flip

25 Cards in this Set

  • Front
  • Back
Solicitation and attempt merge
Conspiracy does not.
NY: ???
Specific Intent Crimes
inchoate offenses
first degree murder
common law felonies against property
NY Accomplice Liability
* accomplices cannot benefit from principal's defense that goes to negate mental state
* accomplice is not absolved from liability, even if principal is acquitted or not prosecuted
* no conviction solely on the uncorroborated testimony of an accomplice
Majority rule and NY:
agreement PLUS overt act
NY Conspiracy
Overt act
Unilateral approach: you can conspire w/an undercover cop (same as MBE)
withdrawal - renouncing AND prevent
NY Defense Types
"defenses" - once D raises it, P must disprove BRD (incl infancy, self defense)
"affirmative defenses" - D must raise it and prove by a preponderance (incl duress, entrapment, insanity)
if at the time of his conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law.
under 7 - no liability
under 14 - rebuttable presumption of no liablity
NY Self Defense
retreat rule - (also minority rule)
NY Duress
duress is an affirmative defense to all crimes
Mistake of Fact
S/I - any mistake
G/I - only reasonable mistakes
C/L Murder
1) intent
2) intent to do serious bodily harm
3) highly reckless
4) felony murder
C/L Manslaughter
Vol MS - provocation/passion
InVolMS - crim negligence or misdemeanor MS
NY Murder
M1 - intentional killing plus special circumstance
M2 - intent to kill; or highly reckless; or felony murder
NY Manslaughter
MS1 - intent to do serious bodily harm or provocation/passion
MS2 - reckless killing
Negligent Homicide - crim negligence
NY Defense to Felony Murder
Affirmative defense:
1) did not commit or aid;
2) not armed;
3) reasonable grounds to believe others weren't armed
4) no reason to believe that anyone would engage in conduct likely to result in death
NY Kidnapping
k1: abduction plus a) ransom; or (b) restraint w/intent to inflict physical injury; c) death
K2: abduction
Statutory Rape
MoF is not a defense
taking and carrying away
the personal property of another
w/o his consent
w/the intent to deprive the owner permanently
false pretenses
persuades the owner to convey title by false pretenses as to present or past facts
(false promise for the *future* is not enough to create liability)
larceny + assault
NY Robbery
3rd: No injury, no firearms
2nd: aided by another or injury or threat of physical force
1st: deadly weapon or serious physical injury
breaking at night with intent to commit felony inside
NY Burglary
3rd: any structure, any time
2nd: dwelling house or injury or armed
1st: dwelling plus (injury or armed)
C/L arson
malicious burning of the dwelling house of another; must have material wasting of the building itself, not the carpet