Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
27 Cards in this Set
- Front
- Back
|
5 NY mental states
|
Intentionally: was D's conscious object
Knowingly: D is aware of what he's doing Recklessly: D knows about a substantial and unjustifiable risk and consciously disregards the risk Negligently: D should know about "" Strict Liability |
|
|
NY doctrine of mistake
|
For intentionally, recklessly & knowingly: if any mistake negates the mental state, it's a defense.
for Negligently: mistake must also be reasonable |
|
|
NY Assault
|
the crime of intentionally injuring another person; There must be an injury – offensive touching not enough
rule: add a weapon/injury, add a degree |
|
|
NY 1st - 3rd degree assault
|
1st: 2nd + gun.
2nd: intentionally causing serious physical injury 3rd: intentionally causing physical injury |
|
|
Serious physical injury
|
something is permanent or life threatening
|
|
|
Year and a day rule
|
CL: victim must die a w/i a year and a day from injury
NY: none. |
|
|
1st Degree murder
|
Intentional killing + special circs:
D kills a law officer on active duty D kills a witness or family of witness Murder for hire D kills more than one person D intentionally kills during serious felony |
|
|
2nd Degree murder
|
can be both premeditated and non-premeditated;
3 kinds: Intentional murder other than 1st degree Highly Reckless Murder (“Utter disregard for human life” ) Felony Murder |
|
|
1st degree manslaughter
|
• Intentionally causing serious bodily harm that results in death
Intentional killing committed under influence of extreme emotional disturbance note: EED - affirmative defense |
|
|
2nd degree manslaughter
|
Basic Recklessness - Conscious disregard of a substantial risk (failure to perceive risk not enough)
|
|
|
Non-slayer Defense to felony murder
|
D didn’t partake in homicidal act
D did not have deadly weapon D had no reason to believe that co-felon had deadly weapons D had no reason to believe that co-felons were doing anything likely resulting in death |
|
|
NY Kidnapping
|
2nd degree: abudction
1st degree: 2nd + Ransom; Restraint with intent to injure; Victim dies |
|
|
NY age of consent
|
17
|
|
|
NY Theft crimes
|
Petty Larceny: 0 - $999
4th degree: 1K - $2,999 3rd degree: 3K - $49,999 2nd degree: 50K – 999K 1st degree: 1 million + |
|
|
NY Robbery 1st-3rd
|
3rd degree: Forcibly stealing
2nd degree: 3rd +: aid by another actually present; Victim is injured ;Car is stolen 1st degree: 2nd + Victim seriously injured D uses/displays firearm |
|
|
NY Burglary 1st-3rd
|
3rd: entering or remaining unlawfully in a building with intent to commit a crime inside
2nd – 3 elements: Building is a dwelling Non-participant is injured D carries a weapon 1st: D must know he’s burglering a dwelling D injures a non-participant OR Carries a weapon |
|
|
NY Arson
|
4th : reckless burning
3rd: intentional burning 2nd: intent – burning when D knew or should have known someone was inside 1st: 2nd degree + explosive devise distinction: can commit arson on your own home |
|
|
NY Accomplice distinction
|
merely knowing won’t make you an accomplice but will make you guilty of criminal facilitation: knowingly aid in commission of crime or knowing it’s probable
accomplice cannot be convicted solely on uncorroborated testimony by principle |
|
|
NY Conspiracy distinctions
|
One person conspiracy can exist if one person agrees with undercover cop etc.
D does not get off just b/c all the other coconspirators do No vicarious liability for crimes committed by coconspirators |
|
|
Attempt CL vs NY
|
NY: cannot attempt reckless or negligent crime
CL: if attempting malice, general or strict liability crime, you must specifically intend to commit crime |
|
|
NY Defense of withdrawal for inchoate crimes
|
“Renunciation” (an affirmative defense)
D can withdraw if: voluntarily & completely renounces crime; prevents crime from happening; Is motivated by change of heart |
|
|
NY insanity defense
|
D lacked substantial capacity to appreciate either the nature and consequences of conduct or that the conduct was wrong
|
|
|
NY Voluntary intoxication defense
|
defense for crimes of intent or knowledge if it prevents the defendant from forming the required intent or knowledge but not for crimes of recklessness, negligence or strict liability
|
|
|
NY Infancy defense
|
13 and younger: cannot be prosecuted as an adult
14 & 15: can be prosecuted for 2nd degree murder 16: for anything as adult |
|
|
NY retreat rule
|
D must try to retreat before using deadly force
Only applies if can do so in complete safety If in own dwelling & not initial aggressor, no duty to retreat If defending against kidnapping, rape, robbery, arson or burglary, don’t have to retreat |
|
|
NY self defense distinctions
|
Can use force for Kidnapping, rape, robbery or burglary regardless of threat
not an affirmative defense, prosecution still needs to disprove it |
|
|
NY Duress distinction
|
Can use as defense for homicide
|
