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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

Midemeanor: Definition

crime punishable by a fine and/or imprisonment for NO MORE than one year.

Defenses: NY Burden of Proof

The prosecution must disprove all available defenses beyond a reasonable doubt (distinguish fro affirmatie defenses

Affirmative Defenses: NY Burden of Proof

Defendant must prove by a preponderance of the evidence

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

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

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

Common Law Mental States:

1) Specific Intent


2) Malice


3) General Intent


4) Strict Liability

Specific Intent: Definition

When the actor has not just the intention to do the act, but to achieve a specific result.

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


Defenses to Specific Intent Crimes

1) Voluntary Intoxication


2) Reasonable and UNreasonable mistakes of fact

Malice: definition

When a defendant acts intentionally, or with reckless disregard of an obvious or known risk

2 Malice crimes

1) murder


2) Arson

4 General Intent Crimes:

1) Battery


2) Forcible Rape


3) Kidnapping

Strict Liability: Definition

When teh crime is proven by the act: no mental state required

2 Strict Liability crimes

1) Statutory Rape


2) Public Welfare Offenses like transferring unregistered firearms, selling contaminated food, or shppin adulterated drugs in IC

NY Mental States

1) Intent


2) Knowledge


3) Recklessness


4) Negligence


5) Strict Liability

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)

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

NY Recklessness Definition

The defendant acts negligently when he shoudl have been aware of a substantial and unjustifiable risk

Causation: 2 types

Actual & Proximate (legal) causation. Both are needed to be liable

Actual Cause: Rule

Defendant is an actual cause fo the result would not have happened but for the defendant's conduct

Accelerationg Causes: Rule

Accelerating causes are an actual cause

Proximate Causation: Rule

Defendant is a proximate cause if the bad result is a natural and probable consequence of the defendant's conduct

Proximate Causation: Intervening Causes Rule

A defendant is not the proximate cause if there was an unforeseeable intervening event that casued the bad result

The Concurrence Principle: Rule

The defendant must have the culpable mental state at the time he engages in the culpable act

Concurrence: usual crimes

Larceny and Burglary