Criminal Law W/ny Distinctions

Front 1

Essential Elements of a Crime (4)

Back 1

1. PHYSICAL ACT
2. MENTAL STATE
3. CAUSATION
4. CONCURRENCE

Front 2

PHYSICAL ACT REQUIREMENT

Back 2

Rule: No Act -> No Crime (voluntary bodily movement, or Omission)

Front 3

OMISSION as PHYSICAL ACT

Back 3

1. Legal Duty
2. Knowledge of Facts Giving Rise to Legal Duty
3. Ability to Help

Front 4

PHYSICAL ACT REQUIREMENT: Recognized Legal Duties

Back 4

1. Statute
2. Contract
3. Status Relationship
4. Voluntary Assumption of Care
5. Creation of Peril

Front 5

COMMON LAW MENTAL STATES

Back 5

1. SPECIFIC INTENT
2. MALICE
3. GENERAL INTENT
4. SL

Front 6

CL SPECIFIC INTENT

Back 6

DESIRE TO ACHIEVE A SPECIFIC RESULT CRIMES:
1. Assault,
2. 1st Degree Pre-Meditated Murder,
3. Larceny,
4. Embezzlement,
5. False-Pretenses,
6. Robbery,
7. Forgery,
8. Burglary,
9. Solicitation,
10. Conspiracy,
11. Attempt

Front 7

CL MALICE

Back 7

Rule: Acting intentionally or with reckless disregard in the face of an obvious or known risk.
Applies to: MURDER AND ARSON

Front 8

CL GENERAL INTENT

Back 8

Rule: Acting while aware of factors that constitute a crime, w/o knowing all of the factors
Applies to: BATTERY, FALSE IMPRISONMENT, KIDNAPPING, FORCIBLE RAPE

Front 9

CL STRICT LIABILITY

Back 9

Rule: no mental state required.
Applies to: PUBLIC WELFARE CRIMES and STAT RAPE

Front 10

CL MISTAKE OF FACT
(claiming you don't satisfy the required mental state element)

Back 10

Rule: Reasonable Mistakes are a defense to all Crimes except SL.
Rule: Unreasonable Mistakes are only a defense to Specific Intent Crimes

Front 11

CL MISTAKE OF LAW
(and NY)

Back 11

Rule: Never a Defense, Unless Statute makes Knowledge of the Law an Element
*NY: Applies to NY Unlawful Imprisonment

Front 12

NY MENTAL STATES

Back 12

1. Intentionally
2. Knowingly
3. Recklessly
4. Negligently
4. SL

Front 13

NY MISTAKE OF FACT

Back 13

Rule: Defense where Mental State is Negated

Front 14

CAUSATION

Back 14

ACTUAL: But-for Test
(wrinkle: accelerating causes count)

PROXIMATE: Foreseeability
-D Responsible for Natural and Probable Consequence of Conduct
(eggshell victims: take your victim as you find your victim)
(unforeseeable intervening causes is not put on the D)

Front 15

CONCURRENCE

Back 15

Rule: Requisite Mental State must Exist at Time D Engages in the Criminal Act
Applies to: LARCENY and BURGLARY

Front 16

CL BATTERY

Back 16

BATTERY: unlawful application of force to another resulting in either:
-bodily injury; or
-offensive touching

AGGRAVATED BATTERY

GENERAL INTENT:
-no requirement that D intend on battering someone
-no requirement that force be applied directly

Front 17

CL ASSAULT

Back 17

Assault 1:
-attempted battery
-specific intent to hit the person, i.e., connect on the swing and miss

Assault 2:
-intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim, of imminent bodily harm
-specific intent to create the reasonable apprehension in the case of say a threatening gesture

AGGRAVATED ASSAULT
-use of deadly weapon
-intent to rape, maim, rob, etc.

Front 18

NY ASSAULT

Back 18

RULE: Intentionally Causing Physical Injury;
-2nd Degree: serious physical injury
-(+weapon ; -serious)

No Injury -> No Assault (try menacing)

Menacing:
-creating reasonable apprehension of imminent bodily harm (without an intent to actually injure)

Front 19

CL HOMICIDE

Back 19

MURDER
VOL MS
INV MS
FM

Front 20

CL MURDER

Back 20

Rule: Causing death of another w/MALICE AFORETHOUGHT:
-1. Intent to Kill
-2. Intent to Inflict Great Bodily Harm
-3. Extreme Recklessness
-4. Felony Murder

Front 21

CL VOL MS

Back 21

Rule: intentional killing committed in the heat of passion after adequate provocation:
-(Sudden and Intense {not words alone}; no Cool-Off)

Front 22

CL INVOL MS

Back 22

Inv MS (A):
-killing caused by criminal negligence (higher than rpp std)

Inv MS (B):
-killing committed, during a crime that is not a felony, misdemeanor manslaughter

Front 23

CL FM

Back 23

Rule: Any killing caused during commission of or attempt to commit a felony:
REQUIREMENTS:
-D guilty of underlying felon
-No Merger
-Time of Killing: During F or flight
-Killing in Furtherance
-Foreseeable Death
-Victim not Co-Felon

Front 24

NY HOMICIDE

Back 24

1. Murder in the 1st and 2nd
2. MS in the 1st and 2nd
3. Crim. Neg. Hom.
4. Aggravated Homicide
5. Vehicular Homicide

Front 25

NY Murder in the First

Back 25

Rule: Over 18, Intent to Kill, PLUS:
-intentional killing of law enforcement officer
-killing for purpose of witness intimidation
-murder for hire
-multiple killings
-intentional killing furing a serious felony

Front 26

NY Murder in the Second

Back 26

1. Intent to Kill
2. Extreme Recklessness: Depraved Indifference (utter disregard shown for human life): putting many in danger or brutal torture or abandoning helpless victim to certain death
3. FM: B.R.A.K.E.S.

Front 27

NY AFF DEF to FM: NON SLAYER

Back 27

Four Requirements
1. D did not do killing
2. D did not have a deadly weapon
3. D has no reason to believe co-felons had deadly weapons
4. D has no reason to believe co-felons intended to do anything likely to result in death

Front 28

NY MS in the FIRST

Back 28

1. Intent to Cause Serious Physical Injury OR
2. Intentional Killing Under EED

Front 29

NY MS in the SECOND

Back 29

Rule: D is aware and consciously disregards a substantial and unjustifiable risk of death: RECKLESSNESS

Front 30

NY CRIM NEG HOM

Back 30

Rule: D should have known of a substantial and unjustifiable risk of death

Front 31

NY Aggravated Homicide

Back 31

Rule: Where victim is a police officer killed in the line of duty the homicide offense, whatever it is, gets aggravated

Front 32

NY VEHICULAR HOMICIDE

Back 32

Veh Assault: DWI and Injury
Veh Man 2: Death and DWI (>.08)
Veh Man 1: Aggravating Factors: BAC >.18 of prior DWI conviction

Front 33

CL FALSE IMPRISONMENT and
KIDNAPPING

Back 33

CL FI: GENERAL INTENT; unlawfully confining person w/o consent
CL KN: GENERAL INTENT: FI w/ moving victim or concealing victim in secret place; aggravated (ransom, robbery or rape, child)

Front 34

NY UNLAWFUL IMPRISONMENT and KN

Back 34

NY UI in the 2nd: Rule: unlawful restraint of another w/o consent and w/knowledge that restriction is unlawful; (risk of serious physical injury -> 1st Degree)
NY KN 2nd: Abducting another
NY KN 1st: Ransom OR 12 hours with intent to injure, rape, rob OR Death of Victim

Front 35

RAPE: Forcible Rape and Stat Rape

Back 35

FR: Sex w/o victim's consent using: force OR threat of force OR unconscious victim; GENERAL INTENT
Stat Rape: Victim is under age of consent
-SL to Intent
-MPC/Minority: (reasonable mistakes are a Defense)
NY: 16 and younger is SR; age of consent: 17

Front 36

CL PROPERTY CRIMES

Back 36

Larceny (trespassory taking and carrying with intent to steal)
Embezzlement (conversion w/intent to defraud)
False Pretense (title through fal int st.)
Larceny by Trick (possession through fal. int. st.)
Robbery (threat of immediate injury)
Extortion (robbery but threat of future injury)
Blackmail (robbery but threat of embarassment)

Front 37

CL LARCENY

Back 37

Rule: Trespassory taking and Carrying away of personal property with intent to Steal (permanent deprivation of ownership)
Wrinkles: Erroneous Takings Rule and Continuing Trespass (later formed intent)

Front 38

CL EMBEZZLEMENT

Back 38

Rule: conversion of another's personal property already in D's lawful possession with intent to defraud (negated where you plan on giving back exact property; $ not fungible)

Front 39

FALSE PRETENSES and LARCENY by TRICK

Back 39

FP: Obtaining title using intentional false statement regarding a past or present event
L by T: getting possession, not title using an intentional false statement

Front 40

CL ROBBERY

Back 40

Rule: Larceny from another's person or presence by force of threat of immediate injury
SPECIFIC INTENT TO STEAL

Front 41

NY THEFT CRIMES

Back 41

Larceny: CL crimes of larceny, embezzlement, fp, l by t are all Larceny in NY; 5 degrees varied by amount
ROBBERY: Forcible Stealing in Three degrees

Front 42

NY LARCENY

Back 42

1st: >$1M
2nd: >$50K
3rd: >$3k
4th: >$1K
Petit: <$1K

Front 43

NY ROBBERY

Back 43

3rd: Forcible Stealing
2nd: D aided by another actually present; OR victim is Injured; OR carjacking
1st: Serious Injury; OR Brandishing/Using Firearm (aff D of unloaded or inoperable -> down to the 2nd)

Front 44

FORGERY
UTTERING
MALICIOUS MISCHIEF
NY CRIMINAL MISCHIEF

Back 44

Forgery: making or altering a wirting so that is is false with the intent to defraud
Utter: offering as genuine a forged instrument with intent to defraud
Mischief: destroying or damaging someone's else's property with intent to defraud

Front 45

POSSESSION

Back 45

Actual and Constructive: D had time to terminate possession or it was close enough to him that he could exercise dominion and control,
-Knowledge of the Possession and Character of the Item Possess is
Required
NY Criminal Poss of:
-Controlled Substance
-Firearm
-Stolen Property
-Forged Instrument

Front 46

BURGLARY

Back 46

CL RULE:
"Breaking, and Entering, Dwelling, of Another, At Night, w/Intent to Commit a Felony Inside"
-breaking: minimal force is required
-of another: look to occupancy not ownership

NY RULE: -3rd: entering or remaining unlawfully in a building with the intent to commit a crime
2nd: PLUS: dwelling, injury, weapon
1st: Dwelling PLUS: injury, weapon

Front 47

ARSON

Back 47

CL ARSON: Malicious burning (need structure to be burned down to an extent) of a building (malice: intentional or reckless disregard of an obvious or known risk)
NY Degrees:
4th: Reckless Burning
3rd: Intentional Burning
2nd: 3rd Plus knowing or should have known someone was inside
1st:

Front 48

ACCOMPLICE LIABILITY

Back 48

Rule: Aiding or Encouraging a Principal with the Intent that the crime be committed.
NY: Accomplice to Negligent or Reckless Crimes: no need for specific intent that the crime be committed, enough to specifically intent to aid principal's conduct and have the mental state of D's crime

Front 49

Per Se Non-Accomplice

Back 49

1. Mere Presence but No Actual Aid
2. Mere Knowledge but No Actual Aid or Encouragement
3. Member of Protected Class

Front 50

NY CRIMINAL FACILITATION

Back 50

RULE: Knowingly aiding in the commission or probable commission of a crime, mere knowledge is enough

Front 51

ACCOMPLICE WITHDRAWAL

Back 51

CL: requires discouraging and neutralizing their assistance or preventing crime
NY: requires substantial effort to prevent the commission of the crime (AFF Defense)

Front 52

ACCESSORY AFTER THE FACT

Back 52

CL: assisting a principal who has committed a felony with knowledge the crime has been committed and intent to help avoid arrest or conviction.
NY: HINDERING PROSECUTION
Other States: Obstruction of Justice, Harboring a Fugitive

Front 53

INCHOATE OFFENSES

Back 53

1. SOLICITATION
2. CONSPIRACY
3. ATTEMPT

Front 54

SOLICITATION

Back 54

Rule: asking someone to commit a crime with the intent that they do it
SPECIFIC INTENT: that the person you solicit will actually go an commit the crime

Front 55

CONSPIRACY

Back 55

Rule: An agmt b/w 2+ ppl to commit a crime AND an Overt Act in furtherance of the crime
SPECIFIC INTENT: to achieve the conspiracy's objective.
CL -> Bilateral - need to people to agree
-need an agreement to conspire
NY -> Unilateral
-NY: cannot be convicted based on uncorroborated testimony of accomplice

Front 56

CONSPIRACY: Vicarious Liab.

Back 56

CL: D liable for other crimes forseeable crimes of co-conspirators that were done in furtherance
NY: No VL for crimes committed by co-conspirators

Front 57

ATTEMPT

Back 57

CL ACT RULE:
-"Substantial Step Approach:" ss toward crime that is strongly corraborative of a crim purpose

NY ACT RULE:
-"Dangerous Proximity Test" (Stricter): conduct that is dangerously close to commission of crime

MENTAL STATE:
-SPECIFIC INTENT to do the crime
--ex: murder does not require intent to kill, but attempted murder does

Front 58

INCHOATE OFFENSES:
Withdrawal/Renunciation/Abandonment

Back 58

CL: Withdrawal is not a defense except to vicarious liab. charges
NY: Withdrawal is a defense where is is volunatry and complete and based on a change of heat

Front 59

MERGER of Lesser Included Offenses

Back 59

Attempt: MERGE
Conspiracy: NO MERGE
CL Solicitation: MERGE
NY Solicitation: NO MERGE

Front 60

DEFENSES

Back 60

INSANITY
INTOXICATION
INFANCY
SELF-DEFENSE
DURESS
ENTRAPMENT

Front 61

INSANITY DEFENSE

Back 61

Rule: Mental Disease PLUS Test:
-M'Naughten: did not know act was wrong, or didn't understand nature of act
-Irres. Impulse: unable to control action or unable to conform conduct to the law
-MPC Test: could not appreciate criminality of the conduct or conform conduct to the law

Front 62

NY INSANITY

Back 62

Mental Disease Test: Did D lack substantial capacity to either:
-a. understand the nature of his act; OR
-b. appreciate the wrongfulness of his conduct
BOP: AFF DEFENSE

Front 63

INTOXICATION

Back 63

INVOLUNTARY: Defense to any crime, apply insanity tests
VOLUNTARY: can be defense to specific intent where it is negated, never a defense to malice, general intent or SL crime; in NY can be a defense to Intentional and Knowing

Front 64

NY DRUNK DRIVING

Back 64

Can be defense to depraved indifference, jury question regarding the act of getting really drunk and driving in the first place

Front 65

INFANCY

Back 65

CL: <7 (no prosecution); <14 (rebuttable presumption against prosecution)
NY
<13: juvenile delinq. proceedings in family court
13: can only be charged for murder in the 2nd
14/15: adult for serious crimes against person or property
>16: adult for all crimes

Front 66

Self Defense

Back 66

CL
NY

Front 67

DURESS

Back 67

Rule: defense if D was forced to commit a crime under a threat of death or serious physical injury
CL: no duress for homicide
NY: possible durress D for homicide
NY: Duress is an Aff D

Front 68

ENTRAPMENT

Back 68

Rule: Gov't unfairly tempting D to commit crime where Criminal Design originated w/Gov't and D was not predisposed to commit the crime
NY: Aff Def.