Criminal Law Ny

Front 1

mental states

Back 1

intentionally
knowingly
recklessly
negligently
strict liability

Front 2

homicide

Back 2

intentional killings
unintentional killings
felony murder
aggravated homicide
vehicular homicide

Front 3

Second Degree Unintentional Murder

Back 3

Depraved Indifference Murder

Acting in Utter Disregard for Human Life

Front 4

First Degree Intentional Murder

Back 4

1. Killing a Cop
2. Killing a Witness
3. Murder for Hire
4. Multiple Killings
5. Intentional Killing during a Serious Felony

Front 5

Second Degree Intentional Murder

Back 5

Intentional Killing Plus an Aggravating Factor

Front 6

First Degree Intentional Manslaughter

Back 6

Intentional Killing committed under Influence of a Reasonable Extreme Emotional Disturbance

Affirmative Defense

Front 7

First Degree Unintentional Murder

Back 7

Intent to Cause Serious Physical Injury

Front 8

Second Degree Unintentional Manslaughter

Back 8

Recklessness
Conscious Disregard of a Substantial Risk

Front 9

Criminally Negligent Homicide

Back 9

Causing death by failure to perceive a risk of death that was:
Substantial
Unjustifiable
Foreseeable

Front 10

Intentional Felony Murder

Back 10

First Degree Murder

Front 11

Unintentional Felony Murder

Back 11

Second Degree Murder

Front 12

Felony Murder
Underlying Felonies

Back 12

Burglary
Robbery
Arson
Kidnapping
Forcible Rape
Escape

Front 13

Non-Slayer Defense to Felony Murder

Back 13

Affirmative Defense

One ∆ was a minor participant who
1. Didn't participate in the killing act
2. Didn't have a deadly weapon
3. Had no reason to believe his co-felons had deadly weapons
4. Had no reason to believe his co-felons would do anything likely to cause death

Front 14

Aggravated Homicide

Back 14

Killing a Cop in the Line-of-Duty

Front 15

Vehicular Homicide

Back 15

Drunk Driving

Front 16

How do you determine the degree of a crime?

Back 16

Add a Weapon -> Add a Degree
Add an Injury -> Add a Degree
Physical Injury Really Hurts
Serious PI - Perm or Life Threatening

Front 17

Assault

Back 17

Intentionally Injuring someone

1 - Causing PI
2 - Causing SPI
3 - Causing SPI + dangerous weapon

Front 18

Attempted Assault

Back 18

SI to assault

Front 19

Menacing

Back 19

creating an apprehension of assault

Front 20

Kidnapping

Back 20

False Imprisonment +Moving or Concealing the V in a Secret Place

Front 21

Statutory Rape

Back 21

Sex with someone under 17

Front 22

Larceny

Back 22

CL Larceny, Embezzlement, False Pretenses or Larceny by Trick

Front 23

Robbery

Back 23

Forcibly Stealing Property

Front 24

Burglary

Back 24

Entering or Remaining unlawfully in a building with intent to commit a crime inside

Front 25

Degrees of Burglary

Back 25

1 - ∆ knows place is a dwelling +
Injure a non-participant or carry
a Weapon
2 - A dwelling + non-participant
injured or weapon used
3 - Non-Dwelling

Front 26

Degrees of Robbery

Back 26

1- V is seriously injured
∆ uses/shows a gun
2 - More than 1 Robber
V is injured
Car is stolen
3 - Basic Forcible Stealing

Front 27

Degrees of Larceny

Back 27

1 - over 1 M
2 - over 50K
3 - over 3K
4 - over 1K
Petty Larceny -> 0 to 1K

Front 28

Degrees of Kidnapping

Back 28

1 - Ransom
Restraint with intent to injure
V dies
2 - Simple Abduction

Front 29

Arson

Back 29

Malicious Burning of a Building
Can be building of ∆

Front 30

Degrees of Arson

Back 30

1 - Intentional Burning when ∆ knew or
should have known someone was
inside + explosive device
2 - Intentional Burning when ∆ knew
or should have known someone
was inside
3 - Intentional Burning
4 - Reckless Burning

Front 31

Criminal Facilitation

Back 31

Knowingly aiding another in committing felony
No SI
No Participation in Crime
No Benefit from Crime

Front 32

accomplice liability

Back 32

same rules as at common law
W/D - must make a substantial effort to stop the crime no matter level of participation
Conviction - need more than uncorroborated testimony of an accomplice to convict

Front 33

Conspiracy

Back 33

same elements as at common law

May be guilty as one person

May be convicted if all others are released

No Vicarious L

Front 34

W/D from Conspiracy

Back 34

No Vicarious Liability - only guilty of what you participated in

To prevent liability must renounce and prevent crime

Front 35

Solicitation

Back 35

Elements
W/D

Front 36

Attempt

Back 36

Elements
W/D

Front 37

Defenses - BOP

Back 37

Ordinary Defenses - Government has the BOP

Affirmative Defenses - ∆ must prove by preponderance of the evidence

Front 38

Insanity

Back 38

∆ lacked substantial capacity to appreciate either

1. the nature and quality of his actions
2. that his conduct was wrong
AD 0 so ∆ has BOP

Front 39

Intoxication

Back 39

defense to crimes of intent or knowledge if prevents formation of mental state

Not a defense to recklessness, negligence or strict liability

Front 40

Infancy

Back 40

Under 13 cant be prosecuted

13 - only 2nd degree murder

14-15 - serious crimes against
people or property
16 - considered adult for all crimes

Front 41

Self-Defense

Back 41

Deadly-Force - Duty to Retreat
ONLY if completely safe
Doesn't apply in home and not
the initial aggressor

Doesn't apply if defending against
kidnapping, rape, robbery, arson
or burglary

DA has BOP

Front 42

Crime Prevention

Back 42

Deadly Force to stop
Kidnapping, Rape, Robbery or Burglary
Don't need danger to human life

Front 43

Duress

Back 43

Same as at CL
Affirmative Defense
Available against homicide

Front 44

Entrapment

Back 44

Same as at common law
Affirmative Defense