Criminal Law: Crimes Against The Person

Front 1

Commonal Law Battery: 3 Elements + mental state

Back 1

1) The unlawful

2) Application of Force to another

3) resulting in bodily injury or an offensive touching

4) Mental state = General intent

Front 2

Common Law Assault: 2 types

Back 2

1) Attempted Battery

2) Reasonable Apprehension

Front 3

Common Law Assualt: 4 Elements of Reasonable apprehension assault + mental state

Back 3

1) the intentional creation

2) other than by mere words

3) of a reasonable apprehension in the mind of the victim

4) of immiment Bodily harm

Mental State = specific intent

Front 4

NY Assault: elements

Back 4

1) intentionally

2) causing physical injury

3) to another person

Front 5

NY First Degree Assault

Back 5

1) Intentionally causing

2) serious physical injury

3) to another person

4) with a weapon

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NY Second Degree assault

Back 6

1) Intentionally causing

2) serious physical injury

3) to another

Front 7

NY Third Degree Assault

Back 7

1) Intentionally causing

2) non serious physical injury

3) to another

Front 8

Offensive touching: NY rule

Back 8

There is no offensive touching battery/assault in NY

Front 9

Reasonable apprehension Assault: NY name

Back 9

Menacing

Front 10

Attempted Assault in NY: Mental State

Back 10

Intent to assault

Front 11

Common Law Homicide Crimes:

Back 11

Murder

Voluntary manslaughter

Involuntary Manslaughter

Front 12

Common Law Murder: Definition

Back 12

1) causing the death

2) of another person

3) with malice aforethough

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Malice Aforethought: 4 Satisfying mental states

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1) Intent to kill

2) intent to inflict serious bodily harm

3) Extreme Recklessness (depraved Heart)

4) Intentional Commission of an inherently dangerous felony

Front 14

Common Law Murder: with intent to kill - deadly weapon rule

Back 14

the intentional use of a deadly weapon creates an inference of an intent to kill

Front 15

Common Law Murder: with intent to kill - Transferred intent doctrine

Back 15

If a defendant intends to harm one victim, but accidentally harms a different victim instead, the defendants intent will transfer from the intended victim to the actual victim.

Front 16

Transferred Intent Doctrine: attempts

Back 16

Transferred Intent does nto apply to Attempted crimes

Front 17

Felony Murder: Definition

Back 17

Any killing caused during the commission of, or attempt to commit a felony.

Front 18

Felony Murder Rule: 6 constraints

Back 18

1) Defendant must be guilty of underlying felony AND

2) the felony must be inherently dangerous

3) Merger rule: felony must be independent of the killing

4) Res Gestae" Felon can;t have come to rest

5) Death must be foreseeable

6) Victim not a co-felon

Front 19

Inherently Dangerous Felonies: BARKKES

Back 19

Battery, Arson, Robbery, Rape, Kidnapping, Escape, Sexual Assault

Front 20

Vicarious Liability: Proximate Cause Theory (NY RULE)

Back 20

If one fo the co-felons proximately causes the victims death, all of the other cofelons will be guilty of felony murder, even if the actual killing is committed by a third party

Front 21

Vicarious Liability: Agency Theory

Back 21

A co-felon will only be liabel for a killing by another is the other is one of the co-felons

Front 22

NY Non-Slayer defense:

Back 22

Affirmative Defense to felony murder absloving defendant of liability for the murder if defendant can prove

1) defendant did nto kill the victime

2) Defendant did not have a deadly weapon

3) defendant had no reaosn to believe his co-felon had a deadly weapon AND

4) defendant had no reason to believe that his co-felon intended to do anything that was likely to result in death

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Statutory Murder Crimes: First Degree Murder

Back 23

Any intentional killing committed with

1) premeditation and

2) Deliberation

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Statutory Murder Crimes: Second Degree Murder

Back 24

All intentional murders other than those doen with premeditation and deliberation, as well as depraved heart mureder and intent to inflict serious bodily hamr murder

Front 25

First Degree Murder in NY: Necessary elements

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1) Intent to Kill

2) Defendant is over 18

3) An aggravating Factor

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5 Aggravating factors for NY first degree murder

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1) Victim is law enforcement officer engaged in official duties

2) defendant committed murder for hire

3) Felony murder: vitim intentionally killed

4) Witness intimindation

5) more than one person intentionally killed in the same criminal transaction

Front 27

NY Second Degree Murder: 3 types

Back 27

1) an intentional killing that does not qualify as first degree murder

2) highly reckless killing

3) Felony murder, where victim is killed unintentionally

Front 28

Voluntary Manslaughter: Definition

Back 28

An intentional killing committed in the heat of passion, upon adequate provocation

Front 29

Four requirements to qualify for voluntary manslaughter:

Back 29

1) Provocation must be objectively adequate

2) Defendant adequatley provoked

3) Defendant did not have TIME to cool off

4) Defendant did not actually cool off

Front 30

NY Extreme Emotional Disturbance Manslaughter (Voluntary Manslaughter): Definition

Back 30

An intentional killing committed under the influence of a reasonable and extreme emotional disturbance.

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Extreme Emotional Disturbance Manslaughter: Burden of Proof

Back 31

Lies with the defendant, it is an affirmative defense to second degree murder - must be proven by a preponderance of the evidence

Front 32

2 Types of Common Law Involuntary Manslaughter:

Back 32

1) Killing committed during a crime that does nto qualify as felony murder

2) an unintentional killing committed with criminal negliegnce , or recklessly

Front 33

NY first degree Manslaughter 2 types

Back 33

1) EED manslaughter

2) A killign with only the intent to cause serious bodily harm

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NY Second Degree Manslaughter

Back 34

The defendant casues a killing while aware of and consciously disregarding a substantial and unjustifiable risk

Front 35

Ny vehicular manslaughter: 2nd degree

Back 35

Causing the death of another person as a result of driving while intoxicated

Front 36

NY Vehicular Manslaughter: First Degree

Back 36

Causing the death of another person as a reuslt of driving while intoxicated plus

1) a BAC of .18 or higher OR

2) the death of more than one victim

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NY Criminally Negligent Homicide:

Back 37

A killing caused by a defendant who should have been aware of a substantial and unjustifiable riskk

Front 38

"Aggravated" Homcide: occurs when

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When the victim of a homicide is a police officer killed in the line of duty

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"Aggravated" murder: Occurs when

Back 39

Whe a 18 or older defendant kills a child under 14 in an especially wanton and cruel manner

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Aggravated vehicular homicide: occurs when

Back 40

The defendant commits first degree vhicular manslaughter AND engages in reckless driving

Front 41

Common Law False Imprisonment: 3 Elements + mental state

Back 41

1)The unlawul

2) confinement of a person

3)without consent

general intent

Front 42

NY Unlawful Imprisonment: 2nd Degree Elements

Back 42

1) Unlawfully

2) restraining someone

3) without consent AND
4 with knowledge that the restraint is unlawful

Front 43

NY Unlawful Imprisonment: 2nd Degree Elements

Back 43

1) Unlawfully

2) restraining someone

3) without consent AND
4 with knowledge that the restraint is unlawful

5) with a risk of serious physical injury

Front 44

Common Law Kidnapping: elements

Back 44

1) False Imprisonment

2) that involves moving the victim, or concealing them in a secret place

Front 45

NY Kidnapping - 2nd degree

Back 45

abducting someone

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NY Kidnapping: 1st Degree

Back 46

Abducting someone, plus

1) Ransom

2) Restraint for more than 12 hours wiht intent to rape, injur or rob OR

3) death of victim

Front 47

Forcible Rape: Elements + mental state

Back 47

Sexual Intercourse

without consent

by force

threat of force

or when victim unconscious

mental state = general intent

Front 48

Statutory Rape: Elements

Back 48

Sexual intercourse with someone under the age of consent

Front 49

Statutory Rule: Mental State

Back 49

Stricy Liability

Front 50

Statutory Rape: Minority Rule

Back 50

Reasonable mistake of age is a defense

Front 51

NY Ages for Statutory Rape

Back 51

Age of consent is 17, defendant must be atleast 21, victim 16 or younger