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27 Cards in this Set
- Front
- Back
Felony: Definition |
A crime that is punishable by death or imprisonment for more than a year |
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Midemeanor: Definition |
crime punishable by a fine and/or imprisonment for NO MORE than one year. |
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Defenses: NY Burden of Proof |
The prosecution must disprove all available defenses beyond a reasonable doubt (distinguish fro affirmatie defenses |
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Affirmative Defenses: NY Burden of Proof |
Defendant must prove by a preponderance of the evidence |
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Involuntary Acts not considered criminal acts: |
1) somethign not the result of the actors voiltion (being pushed) 2) Sleepwalking/unconscious conduct 3) A reflex or convulsion |
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5 ways to impose a duty to act |
1) by statute 2) By contract 3) By status relationship 4) By voluntary assumption of care 5) BY creation of peril |
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When you can be liable for an omission |
1) If there isa duty to act 2) you have knowledge of the facts giving rise to the duty 3) you have the ability to act |
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Common Law Mental States: |
1) Specific Intent 2) Malice 3) General Intent 4) Strict Liability |
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Specific Intent: Definition |
When the actor has not just the intention to do the act, but to achieve a specific result. |
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11 Specific INtent Crimes |
1) Assault 2) First Degree, Premeditated Murder 3) Larceny 4) Embezzlement 5) False Pretenses 6) Robbery 7) Forgery 8) Burglary 9) Solicitation 10 Conspiracy 11) Attempt
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Defenses to Specific Intent Crimes |
1) Voluntary Intoxication 2) Reasonable and UNreasonable mistakes of fact |
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Malice: definition |
When a defendant acts intentionally, or with reckless disregard of an obvious or known risk |
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2 Malice crimes |
1) murder 2) Arson |
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4 General Intent Crimes: |
1) Battery 2) Forcible Rape 3) Kidnapping |
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Strict Liability: Definition |
When teh crime is proven by the act: no mental state required |
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2 Strict Liability crimes |
1) Statutory Rape 2) Public Welfare Offenses like transferring unregistered firearms, selling contaminated food, or shppin adulterated drugs in IC |
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NY Mental States |
1) Intent 2) Knowledge 3) Recklessness 4) Negligence 5) Strict Liability |
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NY Intent Definition |
The defendant acts intentionally when it is his conscious desire to achieve a particualr result (it's what teh defendant wants to do) |
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NY Knowledge Definition |
The Defendant Acts knwoingly when he is aware of what he is doing. With respect t a result, the defendant acts knowingly when is aware that it si practically certain that hsi conduct will cause that result |
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NY Recklessness Definition |
The defendant acts negligently when he shoudl have been aware of a substantial and unjustifiable risk |
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Causation: 2 types |
Actual & Proximate (legal) causation. Both are needed to be liable |
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Actual Cause: Rule |
Defendant is an actual cause fo the result would not have happened but for the defendant's conduct |
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Accelerationg Causes: Rule |
Accelerating causes are an actual cause |
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Proximate Causation: Rule |
Defendant is a proximate cause if the bad result is a natural and probable consequence of the defendant's conduct |
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Proximate Causation: Intervening Causes Rule |
A defendant is not the proximate cause if there was an unforeseeable intervening event that casued the bad result |
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The Concurrence Principle: Rule |
The defendant must have the culpable mental state at the time he engages in the culpable act |
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Concurrence: usual crimes |
Larceny and Burglary |