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14 Cards in this Set

  • Front
  • Back
CRIM K is a criminal’s state of mind
C – Criminally negligently
R – Recklessly (a.k.a. wantonly)
I – Intentionally
M – Maliciously
K – Knowingly
FIGS MAN kills
F – Felony murder
I – Intentional murder
G – Homicide caused by Gross recklessness indicating D’s depraved indifference to the
value of human life
S – Intent to cause Serious bodily harm that results in death (in NY, this is voluntary
MAN – Manslaughter (voluntary or involuntary)
BRAKERS can commit felony murder, but not in a LAB
B – Burglary
R – Robbery
A – Arson
K – Kidnapping
E – Escape from police custody after arrest
R – Rape
S – Sodomy or aggravated sexual abuse in the 1st degree

L – Larceny
A – Assault
B – Battery
A CUB can’t be sentenced to death for felony murder
C – D didn’t Commit, command, or request the homicide
U – D was Unarmed AND
B – D had no reason to Believe another co-conspirator was armed or intended to engage in
conduct likely to result in death
HIS defeats a murder intent
H – Committed in the Heat of passion (HOP) or under extreme emotional disturbance
I – Insanity or infancy of killer
S – Self-defense or defense of others/justification (*if established it’s a complete defense)
DAMS gives you robbery and burglary 1st degree
D – Displayed what appeared to be a firearm w/ the intent of forcibly taking property
A – D was Armed w/ a deadly weapon
M – D Menaced the victim using a dangerous instrument
S – D or accomplice caused Serious physical injury to a non-participant during the robbery or
in immediate flight from the crime scene
Common law larceny requires a TIP
T – Wrongful Taking of property
I – Specific Intent to permanently deprive the owner of that property
P – Personal property of another is taken
There are 5 types of FLEET larceny
F – False pretenses
L – Common law Larceny (TIP)
E – Embezzlement
E – Extortion
T – Larceny by Trick
A DA gives you burglary in the 1st degree
D – The structure is a Dwelling used for overnight lodging
A - There exist Aggravated circumstances (DAMS)
EVADES NICE WASP MICE raise criminal defenses
E – Entrapment
V – Vague criminal statute
A – Bill of Attainder
D – Duress
E – Ex post facto criminal law
S – Statute of limitations
N – Necessity
I – Inoperable or unloaded gun (in NY, for burglary and robbery)
C – Claim of title or claim of right
E – Excessively broad penal statute
W –Withdrawal from the crime (a.k.a renunciation)
A – Alibi
S – Self-defense/justification (ordinary defense in NY, affirmative defense in MBE)
P – Heat of Passion
M – Legal or factual Mistake
I – Insanity, infancy or intoxication
C – CUB status as a defense to felony murder
E – Extreme emotional disturbance
In NY, the ordinary criminal defenses are found in a JAR
J – Justification
A – Alibi
R – Claim of Right
Retroactive criminal laws are prohibited by a PIED piper
P – The law made Past conduct a crime, which, at the time it occurred, was not a crime
I – The law Increased the punishment for a past crime
E – The law altered the rules of Evidence after the crime was committed by requiring less
evidence for a conviction
D – The law eliminated Defenses that were available on the date the crime was committed
HOP allows no reflection, but EED does
Heat Of Passion; Extreme Emotional Disturbance
In asserting justification, D can RAT on the violent victim by presenting evidence of
R – Reputation
A – Violent Acts
T – Threats of violence against D