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25 Cards in this Set
- Front
- Back
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Merger
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Solicitation and attempt merge
Conspiracy does not. NY: ??? |
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Specific Intent Crimes
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inchoate offenses
first degree murder assault* common law felonies against property |
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NY Accomplice Liability
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* 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 |
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Conspiracy
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Majority rule and NY:
agreement PLUS overt act |
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NY Conspiracy
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Overt act
Unilateral approach: you can conspire w/an undercover cop (same as MBE) withdrawal - renouncing AND prevent |
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NY Defense Types
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"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) |
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M'Naughten
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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.
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Infancy
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under 7 - no liability
under 14 - rebuttable presumption of no liablity |
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NY Self Defense
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retreat rule - (also minority rule)
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NY Duress
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duress is an affirmative defense to all crimes
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Mistake of Fact
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S/I - any mistake
G/I - only reasonable mistakes |
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C/L Murder
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1) intent
2) intent to do serious bodily harm 3) highly reckless 4) felony murder |
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C/L Manslaughter
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Vol MS - provocation/passion
InVolMS - crim negligence or misdemeanor MS |
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NY Murder
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M1 - intentional killing plus special circumstance
M2 - intent to kill; or highly reckless; or felony murder |
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NY Manslaughter
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MS1 - intent to do serious bodily harm or provocation/passion
MS2 - reckless killing Negligent Homicide - crim negligence |
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NY Defense to Felony Murder
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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 |
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NY Kidnapping
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k1: abduction plus a) ransom; or (b) restraint w/intent to inflict physical injury; c) death
K2: abduction |
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Statutory Rape
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MoF is not a defense
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Larceny
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taking and carrying away
the personal property of another w/o his consent w/the intent to deprive the owner permanently |
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false pretenses
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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) |
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Robbery
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larceny + assault
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NY Robbery
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3rd: No injury, no firearms
2nd: aided by another or injury or threat of physical force 1st: deadly weapon or serious physical injury |
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Burglary
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breaking at night with intent to commit felony inside
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NY Burglary
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3rd: any structure, any time
2nd: dwelling house or injury or armed 1st: dwelling plus (injury or armed) |
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C/L arson
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malicious burning of the dwelling house of another; must have material wasting of the building itself, not the carpet
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