Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

50 Cards in this Set

  • Front
  • Back
Can you convict someone solely based on accomplice testimony?
MBE - sure
If the principal in a crime is acquitted, can the accomplice be liable?
acquitted, immune, or not prosecuted ok
What is the scope of conspirator liability?
MBE - liability for all crimes of co-conspirators that are (1) in furtherance and (2) foreseeable
NY - NO liability for co-conspirator's crims if ALL D did was conspire
How can you withdraw from a conspiracy?
MBE - you CANNOT (but you can withdraw from co-conspirator's crimes)
NY - must (1) PREVENT commission and (2) renounce the conspiracy
Can you be convicted of conspiring with a police officer?
NY - YES - "unilateral theory"
Can you be convicted of conspiracy when all your co-conspirators have been acquitted?
What are some NY defenses?
self-defense, infancy
prosecution must DISPROVE beyond reasonable doubt
What are some NY affirmative defenses?
insanity, entrapment, duress
D must prove by a preponderance of evidence
What's the M'Naghten insanity test?
at time of act, D lacked ability to know wrongfulness of action or to understand nature and quality of act
What's the NY insanity defense?
at time of act, because of mental disease or defect, D lacked capacity to know or APPRECIATE wrongfulness of action or nature and consequences of actions
What is assault?
MBE - attempted battery, threat
NY - same as BATTERY
What is CL murder?
Intent to kill
Intent to inflict serious bodily harm
"depraved heart recklessness"
felony murder - foreseeable, not co-felons
What is Murder 1 in NY?
Intentional killing (intent to KILL) AND
some special circumstance
What is Murder 2 in NY?
Intentional killing (no special circumstances)
"Depraved indifference" murder
Felony murder - BRAKES
What is the affirmative defense to felony murder in NY?
(1) D did not commit or aid in commission of killing
(2) D was not armed
(3) D had no reason to know that any participant was armed
(4) D had no reason to know that any participant would engage in conduct likely to result in death
What is Man 1 in NY?
Intent to do bodily harm
Passionate killing
What is Man 2 in NY?
What is negligent homicide in NY?
Seriously blameworthy conduct AND
Foreseeability that death would result
What is CL voluntary manslaughter?
Passioned killing
What is CL involuntary manslaughter?
Criminal negligence
Misdemeanor manslaughter
What is 1st Degree Kidnapping in NY?
Abduction AND
(1) victim dies
(2) ransom involved
(3) intent to harm victim
otherwise kidnapping 2nd degree
What is robbery 1st degree in NY?
Forcibly stealing property AND
(1) armed with deadly weapon OR
(2) serious injury caused
What is robbery 2nd degree in NY?
Forcibly stealing property AND
(1) aided by another
(2) causes physical injury OR
(3) threatens physical force
What is CL robbery?
Wrongful taking
Carrying away
Without consent
With intent at time of taking to deprive permanently (can change mind)
From the presence
by use of threat or force
What is CL larceny?
Carrying away
Without consent
With intent to permanently deprive of property
What is CL arson?
burning of a
belonging to another
What is 3rd degree arson in NY?
intentional damage to building
by fire or explosion
What is CL burglary?
at night
with intent to commit a felony therein
What is 3rd degree burglary in NY?
entering or remaining unlawfully
in a building
with intent to commit a felony therein
What is 2nd degree burglary in NY?
unlawfully entering or remaining in a building with intent to commit a felony therein AND
(1) dwelling
(2) injury
(3) armed
What is 1st degree burglary in NY?
basic burglary AND
(1) injuryt or
(2) D is armed
To what proceedings is the exclusionary rule NOT applicable?
(1) grand juries
(2) civil proceedings
(3) parole revocation proceedings
When is an attorney required during a lineup?
MBE - POST-charge
NY - POST-charge and
PRE-charge when:
(1) D is represented by counsel
(2) D explicitly requests counsel AND
(3) police KNOW that D is represented
What is standard for arrest?
Probable cause = reasonably prudent person would believe that D is committing (has committed) a crime
What is standard in NY for inquiry?
founded suspicion that criminal activity is afoot
(1) detention must be short and
(2) must release if D gives explanation
What is the standard for stop & frisk?
"reasonable suspicion" supported by articulable facts
What is the standard for a request for information in NY?
any grounds except whim or caprice - running away does NOT give probable cause
What is required for a valid search warrant?
(1) based on probable cause
(2) stated with particularity the places to be searched and things to be seized
(3) issued by neutral and detached magistrate
What is required in NY for a valid search warrant based on informants?
Affidavit must
(1) set forth sufficient underlying facts and circumstances of how informant obtained information and
(2) support the reliability and credibility of the informant
When does NY's indelible right to counsel attach?
(1) when D is in custody and police engage in activity overwhelming to layperson and D requests counsel
(2) at arraignment
(3) upon filing of accusatory statements
(4) when significant judicial activity occurs
What is the standard for due process violation in identifications?
methods that are
(1) unnecessary and
(2) subjective such that
(3) substantially likely to produce misidentification
When can counsel be present in the grand jury room?
If the witness has waived immunity
When is there a USC right to a jury trial?
max sentence (or sentences together) exceed 6 months
What is the standard for reversal due to ineffective assistance of counsel in NY?
(1) deficient performance by counsel
(2) but-for such deficiency, the RESULT would have been different
NY is slightly more liberal than Supreme Court
What must the judge tell the D on the record after announcement of guilty plea?
(1) nature of charge
(2) maximum authorized sentence and any minimum sentence
(3) right to plead not guilty and right to trial
In NY, can a prosecutor's plea be conditional on a waiver of the D's right to appeal sentencing or pretrial proceedings?
What is the "same offense" for double jeopardy purposes?
MBE - NOT same if two crimes each require and element that the other does not
NY - all crimes arising from single criminal TRANSACTION must be charged together - except if V dies in a battery case, can be charged with murder
What are some crimes that are larceny by statute in NY?
issuing a bad check to purchase property
false promises
Does the police need probable cause to arrest you to fingerprint you or interrogate you?
What is NOT considered testimonial for Miranda purposes?
Blood or urine samples
Walking the line (for drunkies)