Mbe - Criminal Law (W/ Ny Distinctions)

Front 1

What are the essential elements of every crime?

Back 1

1) Physical act
2) Mental state
3) Causation
4) Concurrence

Front 2

What are the defenses to crimes?

Back 2

1) Insanity
2) Intoxication
3) Infancy
4) Self defense
5) Duress
6) Entrapment

Front 3

In what jurisdictions may a crime be prosecuted?

Back 3

Crime may be prosecuted in any state where:
1) Part of the crime took place, or
2) The result took place

Front 4

On whom does the burden of proof fall to prove/disprove a defense to a crime, under the common law? What is the burden of proof, and what is the one exception to this rule?

Back 4

Prosecution must disprove each element beyond a reasonable doubt

Common law exception: Insanity must be proven by D by a preponderance of the evidence

Front 5

How does NY alter the common law regarding the burden of proof for defenses to crimes?

Back 5

NY divides defenses into two categories: "defenses" and "affirmative defenses"

1) “Defenses”: Prosecution must disprove beyond a reasonable doubt

2) “Affirmative Defenses”: D must prove be a preponderance of the evidence

Front 6

What is a felony?

Back 6

A felony is any crime that may be punished by more than one year in prison

Front 7

What is the definition of an "act", as it relates to an element of a crime? What kinds of "actions" are not "acts"?

Back 7

An “act” is a voluntary bodily movement

What is not an act
1) Sleepwalking
2) Reflex/convulsion
3) Someone else has moved the D

Front 8

When can an omission constitute an "act" for purposes of criminal law?

Back 8

1) Legal duty to act
2) Knowledge of the facts giving rise to the duty
3) Ability to help

Front 9

In what situations does a person have a legal duty to act under the criminal law?

Back 9

1) Statute
2) Contract (Usually implicit, e.g. babysitter, doctor, lifeguard)
3) Status relationship (Parent-child, spouse-spouse
4) Voluntary assumption of care
5) D created peril

Front 10

What is specific intent in criminal law?

Back 10

Crime requires not just the desire to do the act, but also the desire to achieve a result

Front 11

What is malice in criminal law?

Back 11

D acts intentionally or with reckless disregard of an obvious or known risk

Front 12

What is general intent in criminal law?

Back 12

D need only be generally aware of the factors constituting the crime; need not intend a specific result

Front 13

What are the two kinds of strict liability crimes?

Back 13

1) public welfare offenses

2) statutory rape

Front 14

What are public welfare offenses and what are some examples?

Back 14

Regulatory or morality offenses that typically carry small penalties

E.g.
1) Selling alcohol to a minor
2) Selling contaminated food
3) Corrupting the morals of a minor

Front 15

When is a mistake of fact a defense to a crime, under common law?

Back 15

Whether a D’s mistake of fact will be a defense depends on the mental state for the crime and whether the mistake is reasonable or unreasonable

1) Specific intent: Any mistake (even an unreasonable one) will be a defense

2) General intent: Only a reasonable mistake is a defense

3) Strict liability: Mistake is ever a defense

Front 16

When is mistake of law a defense to a crime?

Back 16

Generally, mistake of law is not a defense to a crime

Exceptions
1) State specifically makes knowledge of the law an element of the crime under common law?
2) Statute was not published
3) D reasonably relied on a statute or judicial decision that was declared unconstitutional or overruled
4) D reasonable relied on official interpretation or advice from someone charged w enforcement, administration, or interpretation of the law

Front 17

What are the five mental states in NY criminal law

Back 17

1) intentionally
2) knowingly
3) recklessly
4) negligently
5) strict liability

Front 18

What is an intentional mental state in NY criminal law

Back 18

D’s conscious object is to accomplish a particular result

Front 19

What is a knowing mental state in NY criminal law

Back 19

D is aware of what he is doing

Front 20

What is a reckless mental state in NY criminal law

Back 20

D is aware of a substantial and unjustifiable risk, and consciously disregards that risk

Front 21

What is a negligent mental state in NY criminal law

Back 21

D should have known about a substantial and unjustifiable risk

Front 22

When is a mistake of fact a defense to a crime in NY?

Back 22

Mistake of fact is not a defense unless the mistake negates the required mental state

1) intent, knowledge, or recklessness: Mistake of fact, even if unreasonable, is often a defense

2) Negligence: Reasonable mistake of fact is a defense

3) Strict liability: Mistake of fact is never a defense

Front 23

When is a mistake of law a defense to a crime in NY?

Back 23

Mistake of law is generally not a defense to NY

same defenses as the common law

Front 24

What is the doctrine of accelerating cause in criminal law?

Back 24

An accelerating cause = actual cause

Front 25

What is the doctrine of concurrence in criminal law?

Back 25

D must have the mental state at the same time as he engages in the act

Front 26

What is common law battery (criminal law)? What is the required mental state?

Back 26

Battery is the:
1) Unlawful
2) Application of force to another,
3) Resulting in either:
a. Bodily injury
b. Offensive touching
4) Mental state: general intent

Front 27

What is common law assault (criminal law?) What is the required mental state? (two kinds of assault)

Back 27

1) attempted battery

2) Assault is the
1) Intentional creation
2) Other than by mere words
3) Of a reasonable apprehension in the mind of the victim
4) Of imminent bodily harm
5) Mental state: specific intent

Front 28

When will assault and/or battery be "aggravated" at common law (criminal law)?

Back 28

Assault and/or battery is more serious if:
1) Weapon
2) Child, elderly, or handicapped
3) Intent is to commit a robbery, or rape

Front 29

What is the crime of assault in NY?

Back 29

Elements
1. Intent
2. Physical injury
3. To another person

Front 30

What is second degree assault (NY)?

Back 30

1) Intentionally causing
2) Serious bodily injury

Front 31

What is first degree assault (NY)?

Back 31

1) Second degree assault, plus
2) Weapon

Front 32

What is third degree assault (NY)?

Back 32

1) Intentionally causing
2) Physical injury

Front 33

Under the common law, when must death occur in order for the D to be guilty of a homicide?

Back 33

Within a year and a day of the homicidal act

Front 34

In NY and the majority of states, when must death occur in order for the D to be guilty of a homicide?

Back 34

At any time (no year and a day rule)

Front 35

What are the common law homicide crimes?

Back 35

1) Murder
2) Voluntary manslaughter
3) Involuntary manslaughter
4) Felony murder

Front 36

What are the elements of common law murder?

Back 36

1) Causing death
2) Of another person
3) W malice aforethought

Front 37

What is "malice aforethought" under common law murder?

Back 37

Either:
1) Intent to kill
2) Intent to inflict great bodily harm
3) Extreme recklessness
4) Felony murder

Front 38

What is the doctrine of transferred intent (criminal law)?

Back 38

If D intends to harm one victim, but accidentally harms a different victim instead, D’s intent will transfer from the intended victim to the actual victim

Front 39

To what crime does the doctrine of transferred intent NOT apply?

Back 39

Attempt

Front 40

What is the difference between first and second degree murder under the common law (statutory variation)

Back 40

First degree murder is any killing committed premeditation, AND deliberation

Front 41

What are the elements of common law voluntary manslaughter?

Back 41

1) Intentional killing
2) Heat of passion
3) Adequate provocation

Front 42

What is involuntary manslaughter at common law?

Back 42

1) Killing committed w criminal negligence, or
2) A killing committed during a crime, if it is not a felony murder

Front 43

What is felony murder at common law?

Back 43

Any death caused during the commission or attempt to commit a felony

Front 44

What are the limitations on the felony murder doctrine at common law?

Back 44

1) D must be guilty of a felony
2) Felony must be inherently dangerous
3) Felony must be separate from the killing itself
4) Killing must be during the felony or the immediate flight from the felony
5) Killing must be in furtherance of the felony
6) Death must be foreseeable
7) Victim must not be a co-felon

Front 45

How does vicarious liability apply to felony murder at common law?

Back 45

If one of the co-felons causes the death, all of the other co-felons will be guilty of felony murder. This applies even if the actual killing was committed by a third person, so long as one of the felons was the proximate cause of the death

Front 46

What are the NY homicide crimes?

Back 46

1) First degree murder
2) Second degree murder
3) First degree manslaughter
4) Second degree manslaughter
5) Criminally negligent homicide

Front 47

What is first degree murder in NY?

Back 47

1) Mental state: intent to kill
2) D must be at least 18
3) At least one aggravating factor:
a. Victim is a police officer
b. Killing for witness intimidation
c. Murder for hire
d. 2+ victims in the incident
e. Intentional killing during a serious felony

Front 48

What is second degree murder in NY?

Back 48

Murder w/ either:
1) intent to kill (but not first degree)
2) depraved indifference (extreme recklessness)
3) felony murder

Front 49

What is depraved indifference in NY?

Back 49

Utter disregard for human life. Generally, the act must put more than one person in danger

Cannot be used for one-on-one killings unless:
1) Brutal torture
2 )Abandoning a helpless victim to almost certain death

Front 50

To what crimes is the felony murder doctrine applicable in NY?

Back 50

1) Burglary
2) Robbery
3) Arson
4) Kidnapping
5) Escape
6) Sexual assault

Front 51

In NY, what is the non-slayer defense to felony murder?

Back 51

Non-slayer defense if each of the following
1) D did not do the killing
2) D did not have a deadly weapon
3) D had no reason to believe that his co-felons had deadly weapons
4) D had no reason to believe that his co-felons intended to do anything likely to result in death

Front 52

In NY, under the felony murder doctrine, does the D have to be convicted of the underlying felony in order to be convicted of murder?

Back 52

No, but there must be sufficient evidence that he committed the felony

Front 53

What is first degree manslaughter in NY? (two forms)

Back 53

1) Intent to cause serious physical injury, or
2) Extreme emotional disturbance (EED)

Front 54

In NY, is extreme emotional disturbance a defense or an affirmative defense?

Back 54

Affirmative defense

Front 55

What is second degree manslaughter in NY?

Back 55

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

Mental state: Recklessness

Front 56

In NY, what is criminally negligent homicide?

Back 56

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

Mental state: Negligence

Front 57

What is aggravated homicide in NY?

Back 57

Victim of homicide is a police officer killed in the line of duty

Front 58

What is vehicular manslaughter-2 in NY?

Back 58

1. Death
2. DWI (BAC > 0.08)

Front 59

What is vehicular manslaughter-1 in NY?

Back 59

1) Death
2) either:

a. BAC > 0.18, or
b. Prior DWI conviction

Front 60

What is aggravated vehicular manslaughter in NY?

Back 60

1) vehicular manslaughter
2) reckless driving

Front 61

What are the elements of common law false imprisonment (criminal law)? What is the required mental state?

Back 61

1) Unlawful
2) Confinement of a person
3) w/o consent
4) Mental state: General intent

Front 62

What are the elements of common law kidnapping? What is the required mental state?

Back 62

1) False imprisonment
2) Involves either:
a. Moving the victim, or
b. Concealing the victim in a secret place

3) Mental state: General intent

Front 63

What is aggravated kidnapping at common law?

Back 63

Kidnapping plus:

1) Purpose to collect ransom
2) Purpose to commit robbery or rape
3) Victim is a child

Front 64

What is second degree unlawful imprisonment in in NY?

Back 64

1) Unlawfully
2) Restraining someone
3) w/o consent
4) knowledge that the restriction is unlawful

Front 65

What is first degree unlawful imprisonment in NY?

Back 65

1) Second degree unlawful imprisonment
2) Risk of serious physical injury

Front 66

What is second degree kidnapping in NY?

Back 66

abducting someone

Front 67

What is first degree kidnapping in NY?

Back 67

Second degree, plus ne of the following:
1) Ransom
2) Restraint of victim for > 12 hrs w/ intent to Rape, Injure, Rob
3)Death of the victim

Front 68

What is forcible rape (same for both common law and NY)? What is the mental state?

Back 68

1) Sex
2) w/o consent
3) accomplished by:
a. force
b. threat of force
c. while victim is unconscious
4) Mental state: general intent

Front 69

What is statutory rape? What are the majority and minority rules regarding mental state? What is the age of consent in NY?

Back 69

Elements
1) Sex
2) w/ someone under the age of consent
3) Mental state
a. Majority rule (NY): Strict liability
b. MPC/Minority: Reasonable mistake of age = defense
4) Age of consent = 17 in NY

Front 70

What is common law larceny? What is the required mental state?

Back 70

Trespassory taking and carrying away of the personal property of another (possession)

Mental state: specific intent

Front 71

What is the effect of a claim of right under common law larceny?

Back 71

A taking under claim of right is not a larceny

Front 72

What is common law embezzlement? What is the required mental state?

Back 72

Conversion of the personal property of another by a person already in lawful possession of that property, w/ intent to defraud

Mental state: specific intent

Front 73

What is the primary difference between larceny and embezzlement at common law?

Back 73

D must already have lawful possession of the property before a taking can be considered embezzlement

Front 74

What is the crime of false pretenses at common law?

Back 74

Obtaining title to the personal property of another by an intentional false statement, w the intent to defraud

Front 75

What is the primary difference between larceny and false pretenses at common law?

Back 75

In larceny, D gets only possession. In false pretenses, D gets title

Front 76

What is the crime of larceny by trick at common law?

Back 76

D obtains possession (not title) as a result of an intentionally false statement

Front 77

What is common law robbery? What is the required mental state?

Back 77

1) Larceny
2) From another person or presence
3) By force or threat of immediate injury
4) Mental state: intent to steal

Front 78

What is the crime of larceny in NY?

Back 78

Generally, any crime that would be larceny, embezzlement, false pretenses, or larceny by trick, at common law

Front 79

What are the dollar values that correspond to the varying degrees of larceny in NY?

Back 79

1) First degree: > $1 mill
2) Second degree: > $50,000
3) Third degree: > $3,000
4) Fourth degree: > $1,000
5) Petit larceny: any other larceny

Front 80

What is third degree robbery in NY?

Back 80

Larceny + force

Front 81

What is second degree robbery in NY?

Back 81

Third degree plus:
1) D aided by another actually present, or
2) Victim is injured, or
3) A car is stolen

Front 82

What is first degree robbery in NY?

Back 82

Second degree, plus
1) Victim is seriously injured, or
2) D uses or displays a deadly weapon

Front 83

What is common law forgery?

Back 83

1) Making or altering a writing
2) So that it is false
3) Mental state: Intent to defraud

Front 84

What is the crime of common law uttering?

Back 84

1) Offering as genuine
2) A forged instrument
3) Mental state: Intent to defraud

Front 85

What is the crime of malicious mischief at common law? What is it called in NY?

Back 85

Destroying or damaging someone else’s property

In NY, it is called "criminal mischief"

Front 86

What a statute criminalizes "possession", what is required for possession to be found?

Back 86

Control for a period of time long enough to have an opportunity to terminate possession

Front 87

What is constructive possession, in criminal law?

Back 87

Contraband need not be in the defendant’s actual possession, so long as it is close enough for the D to exercise dominion and control over it

Front 88

What is the required mental state in a possession offense?

Back 88

Knowledge of both:
1) Possession, and
2) Character of the item possessed

Front 89

What is common law burglary?

Back 89

Breaking and entering the dwelling of another at night, w the intent to commit a felony inside

Front 90

What is a "breaking" in common law burglary?

Back 90

Creating or enlarging an opening by force, however minimal

Front 91

What is third degree burglary in NY?

Back 91

1) Entering or remaining
2) Unlawfully
3) In a building
4) w/ intent to commit a crime inside

Front 92

What is second degree burglary in NY?

Back 92

Third degree burglary, plus one of the following
1) Building is a dwelling
2) Non-participant is injured
3) D carries a weapon

Front 93

What is first degree burglary in NY?

Back 93

1) Third degree burglary
2) D knows he is burglarizing a dwelling
3) One of the following:
a. Non-participant is injured
b. D carries a weapon

Front 94

What is common law arson? What is the required mental state?

Back 94

Malicious burning of a building

Mental state: Intent, or reckless disregard

Front 95

What is fourth degree arson in NY?

Back 95

Reckless burning of a building

Front 96

What is third degree arson in NY?

Back 96

Intentional burning of a building

Front 97

What is second degree arson in NY?

Back 97

1) Third degree arson, AND
2) D knows or should have known that someone was inside the bldg

Front 98

What is first degree arson in NY?

Back 98

1) Second degree, AND
2) Explosive device

Front 99

When is someone guilty of accomplice liability at common law? What is the required mental state?

Back 99

Aiding or encouraging the principal

Mental state: Intent that the crime be committed

Front 100

When is someone guilty of accomplice liability in NY? What is the required mental state?

Back 100

Aiding or encouraging the principal

Mental state: Accomplice need not specifically intend that the crime be committed
2. It is enough if the accomplice specifically intends to aid the principal’s conduct, and otherwise has the mental state required for the principal’s crime

Front 101

Of what crimes is an accomplice guilty?

Back 101

Accomplice is guilty of
1) All crimes that he aided or encouraged, and
2) All other foreseeable crimes committed along w the aided crime

Front 102

Can an accomplice still be found guilty if the principal is not prosecuted or has an individual defense?

Back 102

Yes

Front 103

When may someone withdraw from accomplice liability at common law?

Back 103

1) Encourager. Accomplice who only encouraged the principal may withdraw simply by discouraging the crime before it is committed

2) Aider. An accomplice who actually helped the principal must either:
i. Neutralize the assistance, or
ii. Prevent the crime from happening

Front 104

When can someone withdraw from accomplice liability in NY? Is withdrawal a defense or an affirmative defense?

Back 104

Accomplice must make a substantial effort to prevent the commission of the crime.

Withdrawal is an affirmative defense

Front 105

What is criminal solicitation? What is the required mental state?

Back 105

Asking someone to commit a crime, with the intent that the crime be committed

Mental state: specific intent

Front 106

What is conspiracy? What is the required mental state?

Back 106

1) Agreement between two or more people to commit a crime
2) Overt act in furtherance of the crime
3) Mental state: Specific intent to accomplish the conspiracy’s objective

Front 107

Under the common law, can a can there be a one-person conspiracy?

Back 107

No. Common law follows the bilateral approach, where there must be at least two guilty minds

Front 108

Under NY/MPC, can there be a one-person conspiracy?

Back 108

Yes. D may be guilty of conspiracy even if the other parties are acquitted or were just pretending to agree

Front 109

Under the common law, what is the role of vicarious liability in the crime of conspiracy?

Back 109

In addition to conspiracy, D liable for other crimes committed by his co-conspirators, as long as those crimes were:
1. In furtherance of the conspiracy, and
2. Foreseeable

Front 110

In NY, what is the role of vicarious liability in the crime of conspiracy?

Back 110

No vicarious liability for crimes committed by co-conspirators

Front 111

What is the required act for an attempt crime under the MPC/Majority rule?

Back 111

Conduct that is a substantial step towards a crime and strongly corroborative of a criminal purpose

E.g. obtaining illegal materials

Front 112

What is the required act for an attempt crime under the Common law/NY rule?

Back 112

Conduct that gets dangerously close to the commission of the crime
1. Obtaining illegal materials insufficient
2. E.g. aiming a gun at someone

Front 113

Under both the common law, NY, and MPC approaches, what is the required mental state for an attempted crime?

Back 113

Specific intent to commit the crime

→ Can’t attempt unintentional crimes

Front 114

What is factual impossibility w/r/t an attempted crime? Is it a valid defense?

Back 114

Claim that it was impossible to complete the crime b/c of some circumstance beyond the D’s control

Factual impossibility is NOT a defense to attempt

Front 115

What is legal impossibility w/r/t an attempted crime? Is it a defense to an attempt?

Back 115

Claim that it was impossible to complete the crime b/c what the D was doing was not illegal

Legal impossibility IS a defense to attempt

Front 116

Under the common law, what is the effect of a withdrawal from an inchoate offense?

Back 116

Withdrawal is NOT a defense

But: once D withdraws from a conspiracy he will no longer be vicariously liable for crimes committed by his co-conspirators after he left the conspiracy

Front 117

Under the NY/MPC rule, effect of a withdrawal from an inchoate offense?

Back 117

Withdrawal is a defense if:
1) D voluntarily and completely renounces the solicitation, conspiracy, or attempt, AND
2) Renunciation based on a change of heart, and not a fear of failing or being caught

Front 118

What is the rule for merger of lesser included offenses, in criminal law?

Back 118

A lesser included offense is an offense that is necessarily part of the greater offense

A lesser included offense will merger w the greater offense

Front 119

What is the rule for merger of an attempt offense w/ the completed offense?

Back 119

An attempt merges w the completed crime

Front 120

What is the rule for merger of a conspiracy offense w/ the completed offense?

Back 120

A conspiracy does not merge w completed crime

Front 121

What is the rule for merger of a solicitation offense w/ the completed offense?

Back 121

Common law: Merges w the completed crime

NY: Does not merge w the completed crime

Front 122

What are the two general elements of an insanity defense?

Back 122

1) Mental disease or defect, PLUS
2) Meet one of the insanity tests

Front 123

What is the M'Naughten test for insanity?

Back 123

Defendant either:
1. Did not know his act was wrong, or
2. Did not understand the nature of his act

Front 124

What is the irresistible impulse test for insanity?

Back 124

Defendant either:
1. Was unable to control his actions, or
2. Was unable to conform his conduct to the law

Front 125

What is the MPC test for insanity?

Back 125

Defendant lacked substantial capacity to either:
1. Appreciate the criminality of his conduct, or
2. Conform his conduct to the law

Front 126

What is the NY test for insanity? What is the burden of proof?

Back 126

Defendant lacked substantial capacity to either
1. Understand the nature of his act, or
2. Appreciate the wrongfulness of his conduct

Insanity is an affirmative defense, therefore D must prove by a preponderance of evidene

Front 127

What is the effect of involuntary intoxication as a defense to a crime?

Back 127

Involuntary intoxication is a defense to any crime. It is treated the same as insanity

Front 128

What is the effect of voluntary intoxication as a defense to a crime under the common law?

Back 128

Can be a defense to specific intent crimes, if the intoxication prevents the defendant from forming the specific intent

Front 129

What is the effect of voluntary intoxication as a defense to a crime under NY law?

Back 129

Can be a defense to intent crimes and knowledge crimes, if the intoxication prevents the D from forming the required intent

Front 130

Under the common law, at what age is prosecution categorically note allowed?

Back 130

Under 7

Front 131

Under the common law, at what age is there a rebuttable presumption against prosecution?

Back 131

Under 14

Front 132

Under the common law, at what age may a person be prosecuted for their crimes (w/o a rebutable presumption against prosecution)

Back 132

14

Front 133

In NY, at what age is a child not permitted to be prosecuted?

Back 133

Under 13

Front 134

In NY, at what age can a person be prosecuted for serious crimes against persons or property?

Back 134

14

Front 135

In NY, at what age can a person be prosecuted for any crime?

Back 135

16t

Front 136

When can a person use non-deadly force under criminal law?

Back 136

A D can use non-deadly force if it is:
1) Reasonably necessary
2) To protect an imminent use
3) Of unlawful force against him

Front 137

When may a person use deadly force under criminal law?

Back 137

D may use deadly force in self-defense if he is facing an imminent threat of death or serious physical injury

Front 138

What is the aggressor rule w/r/t to the use of deadly force in criminal law? What aspect of the aggressor rule does not apply to NY?

Back 138

D may not use deadly force if he is the initial aggressor

But: aggressor may regain right to use self-defense if:
1) Aggressor withdraws from the fight, AND Communicates that withdrawal to the other person, or
2) Victim suddenly escalates a non-deadly fight into a deadly fight (does not apply in NY)

Front 139

What is the majority/common law retreat rule w/r/t the use of deadly force in criminal law?

Back 139

Retreat is not required

Front 140

What is the minority/NY rule w/r/t retreat prior to the use of deadly force in criminal law?

Back 140

Retreat is required, unless:
1. D cannot retreat in complete safety, or
2. D is in his home

Front 141

What is the effect of a reasonable mistake in the use of force in self-defense in criminal law?

Back 141

Defense still applies

Front 142

What is the common law /NY rule w/r/t the effect of an unreasonable mistake in the use of force as self defense?

Back 142

Not a defense

Front 143

What is the minority/MPC rule w/r/t the effect of an unreasonable mistake in the use of force as self defense?

Back 143

Intentional killing based on an unreasonable belief in the need to use self-defense will be voluntary manslaughter, not murder

Front 144

When may non-deadly force be used to prevent a crime?

Back 144

non-deadly force may be used if necessary to prevent a crime

Front 145

What is the common law rule re: the use of force to prevent a crime?

Back 145

Deadly force may be used to prevent a felony risking human life

Front 146

What is the NY rule w/r/t the use of deadly force to prevent a crime?

Back 146

Deadly force may be used to prevent rape, robbery, arson, kidnapping, or burglary.

Retreat is not required

Front 147

Under criminal law, may deadly force be used as a defense to property?

Back 147

No

Front 148

Under criminal law, what is the one occasion in which deadly force may be used in defense of property?

Back 148

Burglary

Front 149

When is necessity a defense to a crime? What is the common law exception to this rule? Does the common law exception apply in NY?

Back 149

It is a defense to criminal conduct if the D
1) Reasonably believes that conduct was
2) Necessary to prevent a greater harm

Exception: Necessity cannot be a defense to homicide (BUT: can be a defense in NY)

Front 150

What is the defense of duress in criminal law? What is the exception to this defense under common law? Does the common law exception apply in NY?

Back 150

Defense if D was forced to commit a crime under threat of death or serious bodily injury

Exception: homicide (But: exception does not apply in NY)

Front 151

In NY, is duress a defense or an affirmative defense?

Back 151

Affirmative defense

Front 152

What is entrapment? Is it a defense or an affirmative defense in NY?

Back 152

Elements
1. Criminal design originated w the government
2. D was not predisposed to commit the crime

It is an affirmative defense in NY