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206 Cards in this Set

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What is the general rule regarding relevant evidence?
Generally, relevant evidence is admissible.
Under what conditions is evidence more prejudicial than probative?
1. Danger of unfair prejudice

2. Confusion over the issues

3. Misleading the jury

4. Undue Delay

5. Waste of time

6. Unduly Cumulative
What 5 relevant things are generally inadmissible for policy reasons?
1. Liability insurance

2. Subsequent Remedial Measures

3. Settlements in a civil case

4. Offers to pay hospital and medical bills

5. Pleas and plea discussions in criminal cases
Subsequent Remedial Measures are not admissible to prove _______.
1. Negligence

2. Culpable Conduct

3. Product Defect

4. Need for warning
If the issues are in dispute, Subsequent Remedial Measures ARE admissible to prove ______ .
Ownership,

Proof of control

feasibility of safer condition
Under NY law a subsequent remedial is admissible in negligence for a design defect, True/False.
False. They are admissible to for strict liability in manufacturing defect.
When might settlement discussion in a civil case be admissible?
To impeach. Not to prove liability.
Under the majority rule, when are plea discussions inadmissible ?
In a pending criminal case or future civil case.
Under NY law what is the rule for the admissibility of pleas and plea discussions?
Inadmissible in criminal cases but admissible in civil cases.
Define character evidence.
Evidence of a person's disposition or propensity to do or not to do something.
What are the four purposes of character evidence?
1. Veracity

2. Propensity

3. non-propensity purpose

4. Element of a claim
When is character evidence admissible?
Inadmissible to prove propensity but admissible for veracity, non-propensity, and when element of a claim.
What is the majority rule for character evidence offered by the defendant in a criminal case?
Defendant may offer evidence of his own good character for a relevant trait.

Federal -- reputation and opinion

NY -- reputation only

Specific act -- never allowed
After the Defendant puts his character in issue, in what two ways may the prosecution rebut?
1. Use their own witnesses

2. Cross examine D's character witnesses.
After the Defendant puts his character in issue, in what may prosecution rebuttal witnesses testify to?
Federal -- reputation and opinion

NY - Reputation only
Under the majority rule, After the Defendant puts his character in issue, in what questions may the prosecution ask when cross examining defense character witnesses?
Prosecution may only test knowledge, not prove facts ...

Opinion -- did you know that ...?

Reputation --have you heard ...?

P must believe in GF that specific act took place.
Under NY law, after the Defendant puts his character in issue, how may the prosecution rebut?
Only by proving that the Defendant has been convicted of a crime that reflects poorly on his character.
Subject to exceptions, a Defendant in a rape case MAY NOT introduce evidence of the Victim's _______.
1. Reputation for promiscuity

2. Prior sexual conduct
Name 4 exceptions to the rape shield law.
1. Sex with D (if consent is defense)

2. Sex with others (to prove person other than Dis source of DNA)

3. Due process requirements

4. NY ONLY - prostitution conviction within last 3 years.
What is the rule for character evidence in self-defense cases
Federal Rule -- Criminal D may show evidence of V violent character

NY -- V character is not admissible
How can the prosecution rebut when the defense has offered evidence of V's violent character in a self defense case?
1. V good character for trait

2. D's bad character for same trait
What is the general rule for character evidence in civil cases?
Inadmissible to prove propensity. Admissible when character is elements of the crime.
List three examples where character is an element of a crime such that character evidence is admissible in a civil case.
1. Negligent Hiring

2. Negligent Entrustment

3. Defamation
Define habit evidence.
Repetitive response to a particular set of circumstances.
Under the majority rule when is habit evidence admissible?
To infer how a person acted on an occasion at issue in the case
When may defendant's prior bad acts or crimes be admissible?
For the non-character purpose of showing something specific about the current crime.
What are 5 non-character purposes for which prior bad acts and crimes may be admissible? (MIMIC)
1. Motive

2. Intent

3. Make of accident (lack of)

4. Identity

5. Common Scheme or plan
How may prior bad acts be proven?
1. By conviction

2. Evidence proving the crime occured
What is the burden of proof for proving prior bad acts under NY and federal law?
Federal -- preponderance (sufficiency standard)

NY --Clear and convincing
May MIMIC (prior bad acts) be used in both criminal and civil cases?
Yes.
What is the general rule for authentication?
Party seeking to introduce exhibit must introduce sufficient evidence for a reasonable juror to conclude that the item is what the party claims it is. This is called laying a foundation.
What is the rule for authentication of writings?
Party offering must prove source of authorship to authenticate.
What are three methods of authenticating a writing?
1. Lay witness opinion

2. Expert Opinion

3. Jury Comparison
What is the rule for authentication of a photograph as demonstrative evidence?
Witness must testify that it is a "fair and accurate representation"
What are the elements of proper authentication where the photo is being used as a "silent witness" (e.g. surveillance camera)
1. Camera was properly installed

2. Film was properly removed and developed

3. Film was not tampered with
Define real evidence
Actual physical evidence that is displayed to the trier of fact
How is real evidence authenticated?
1. personal knowledge

2. chain of custody
Generally, what are the requirements for a competent witness?
1. Personal Knowledge

2. Take and oath
What is the NY rule for child witnesses in criminal cases?
Generally, a child may testify as long as it understands and promises to tell the truth

In criminal cases, child under 9 who does not understand may testify but must be corroboration
What is the rule for all witnesses including children in civil cases?
All witnesses must take an oath no matter what.
What is the Dead Man's Statute?
States that in a civil action, an interested party may not testify against a dead party about communications or transactions with the dead party unless

1. Rep does not object

2. Rep testifies about transaction
What is the NY distinction to the dead man's statute?
In an accident case based on negligence, the surviving party may testify about the facts of the accident but NOT about a conversation with the decedent.
Name three safeguards against abuse of the past recollection recorded rule.
1. Opposing attorney may inspect

2. use it on cross,

3. Introduce it into evidence
Under what circumstances may a past recollection recorded be read to the jury?
1. Witness had personal knowledge

2. Witness now forgets and showing writing to witness fails to jog

3. Writing was either made or adopted by the W

4. Writing was made when the event was fresh in W's mind

5. Witness can attest that when W made writing it was accurate
Under the majority rule a witness may show past recollection recorded to the jury, True/False?
False. But can under NY law.
Under what conditions is lay witness opinion testimony admissible?
Admissible if rationally based on witness perception and helpful to the jury.
What are the conditions for a witness testifying as an expert?
1. Witness is qualified (ed or ex)

2. Testimony is about subject where scientific, technical will be helpful to jury

3. Opinion has proper bases

4. Opinion is reliable
Expert Opinion must be based on one of which 3 things
1. Expert's personal knowledge

2. Evidence already in record

3. Facts outside record if those facts are the type reasonably relied on by experts in the field.
What is the Daubert standard applied by the majority of states?
1. Method must be tested

2. Are there known rates of error?

3. Subject to peer review?

4. Method generally accepted?
What is the Frye standard applied in NY?
Whether methodology has been generally accepted by the relevant professional community.
What are the elements of a crime?
Physical Act

Mental State

Causation

Concurrence
When can an omission be the basis of criminal liability?
When there is a special duty to act
When is there a special duty to act such that an omission can be the basis of liability?
1. Statute

2. Contract

3. Status relationships (parent/child and spouse/spouse)

4. Voluntary Assumption of care

5. Creation of the peril
Define Specific Intent (majority rule)
Desire to do act AND desire to acheive a specific result
List all of the 11 specific intent crimes (majority rule)
1. Assault
2. 1st degree premeditated murder
3. Larceny
4. Embezzlement
5. False pretenses
6. Robbery
7. Forgery
8. Burglary
9. Solicitation
10. Conspiracy
11. Attempt
Define malice (majority rule)
Intentionally or with reckless disregard for an obvious risk.
What are the two malice crimes (majority rule)
1. Murder

2. Arson
Define general intent (majority rule)
General awareness of factors constituting crime - need not intend result.
List the 4 general intent crimes (Majority Rule)
1. Battery

2. False Imprisonment

3. Kidnapping

4. Forcible Rape (and all crimes against the person)
Is mistake of fact a defense for a specific intent crime? (majority rule)
Yes. Any mistake of fact even an unreasonable one.
Is mistake of fact a defense for a general intent crime. (majority rule)
Yes so long as the mistake was reasonable.
Is mistake of fact a defense for a strict liability crime? (Majority Rule)
No. It never is.
Name and distinguish the mental states for crimes in NY
1. Intentionally

2. Knowingly

3. Recklessly

4. Negligently

5. Strict Liability
Define the intentional mental state under NY law.
D's conscious object to achieve a particular result
Define the knowingly mental state under NY law.
D was aware of what he was doing.
Define the recklessness mental state under NY law.
D was aware of a substantial and unjustifiable risk and consciously disregarded it.
Define the negligence mental state under NY law.
D should have known about a substantial and unjustifiable risk.
Under NY law when will mistake of fact be a defense for a crime with a purpose, knowledge, or recklessness mental state requirement?
A mistake, even an unreasonable one, will be a defense.
Under NY law when will mistake of fact be a defense for a crime with a negligence mental state requirement?
Only a reasonable mistake will be a defense.
When will mistake of law be a defense?
Never under the majority or NY rules.
What are the elements and mental state for battery (MR)
1. Unlawful
2. Application of force to another
3. Resulting in either bodily injury or offensive touching

Mental State - General Intent
What are the elements and mental state for assault? (MR)
1. Attempted Battery

2. Intentional Creation of a reasonable apprehension of an imminent battery

Mental State - specific intent
What are the elements and mental state of an Assault under NY law?
1. Intentionally

2. Causing physical injury

3. To another person

Mental State - intentionally
What are the 3 aggravating factors for assault in NY?
1. first degree - dangerous weapon

2. 2nd degree - intentionally causing injury

3. 3rd degree - intentionally causing serious physical injury
What are the modern statutory murder categories? (MR)
- First degree (premeditation/deliberation)

- Felony Murder

- Second Degree -- all others
What are the elements of voluntary manslaughter (MR)?
1. Intentional Killing

2. Committed in the heat of passion

3. After Adequate provocation (ordinary person standard)
What are the elements of Felony Murder (MR)
Any killing caused during the commission of a felony.
What are the elements of involuntary manslaughter?
Victim must have been killed ...

1. With criminal negligence

2. During commission of a non-felony crime.
How does vicarious liability affect Felony murder?
If on felon kills, liability is imputed to all other co-felons.

Also applies where 3rd party actually killed as long as the felon was the proximate cause.
Under NY law, what are the elements of 1st degree murder?
1. Intent to kill (mental state)

2. Defendant was at least 18

3. At least one aggravating factor
What are the 5 aggravating factors for 1st degree murder under NY law?
1. Intentionally Killed a peace officer

2. Witness intimidation

3. Murder for hire

4. Killed more than one person

5. Intentionally killed during a serious felony
What are the three forms of 2nd degree murder under NY law?
1. Intent to kill

2. Extreme Recklessness

3. Felony murder
What are the 6 underlying felonies leading to felony murder under NY law? (BRAKES)
1. Burglary

2. Robbery

3. Arson

4. Kidnapping

5. Escape

6. Sexual Assault

Note -- no conviction necessary just evidence
What are the elements of 2nd degree homicide in NY?
Recklessness

- D was aware and consciously disregarded a substantial and unjustifiable risk
What are the elements of Criminal Negligent Homicide in NY?
Defendant should have known about a substantial and unjustifiable risk of death
What are the elements and mental state of false imprisonment? (MR)
1. Unlawful

2. Confinement of a person

3. Without the person's consent

General Intent
What are the elements and mental state for Kidnapping? (MR)
1. False imprisonment

2. That involved either moving the victim of concealing them in a secret place.

General Intent
What are factors that lead to Aggravated Kidnapping? (MR)
1. Purpose was to collect a ranson

2. Purpose is to commit robbery of rape

3. Victim is a child
What is false imprisonment called under NY law?
Unlawful Imprisonment
What are the elements of 1st degree unlawful imprisonment under NY law?
1. Unlawfully

2. Retraining Someone

3. Without their consent

4. And with knowledge that the restriction is unlawful
What are the elements of 1st degree unlawful imprisonment under NY law?
1. Unlawfully

2. Retraining Someone

3. Without their consent

4. And with knowledge that the restriction is unlawful

5. Plus a risk of physical injury
What are the elements of 1st degree kidnapping under NY law?
1. Abducting Someone

2. For ransom OR

3. Restraint of V for more than 12 hours with intent to rape or injure OR

4. Cause death to the victim
What are the elements of 2nd degree kidnapping under NY law?
1. Abducting someone
What are the elements and mental state for forcible rape?
1. Sex

2. Without the victim's consent

3. Accomplished by force, threat of force, or the victim was unconscious

Mental state -- general intent
What are the elements and mental state for statutory rape?
1. Sex (17 in NY)

2. With someone under the age of consent

Strict liability
What are the elements and mental state for larceny?
Trespassory taking and carrying away of personal property of another with the intent to steal

Specific Intent
What are the elements and mental state of embezzlement?
D converts personal property already in his lawful possession with the intent to defraud.

Specific Intent
What are the elements and mental state for false pretenses?
Obtaining title to personal property by intentional false statement (past or present promise) with the intent to defraud.

Specific Intent
What are the elements and mental state of larceny by trick?
D obtains possession (not title) as a result of false statement.

Specific Intent
What are the elements and mental state of robbery?
1. A larceny

2. From another person's person or presence

3. by force (sufficient to overcome resistance) or threat of immediate injury

Specific Intent to steal
What 4 crimes are all under the Larceny umbrella in NY?
1. Larceny

2. Embezzlement

3. False pretenses

4. Larceny by trick
May a learned treaties relied upon by an expert be shown to the jury?
No. It can be read from though as substantive evidence.
Under what circumstances can prior inconsistent statements be admitted as substantive evidence?
1. Statement was made rally under oath AND

2. Statement was made at a former proceeding.
Generally, prior inconsistent statements are admissible to ______.
Impeach.
Under NY law, when can prior inconsistent statement be admitted as substantive evidence?
Never. Not in NY.
Bias of a witness can be proved by both ________ and _______.
Intrinsic and Extrinsic evidence.
_______ evidence may be used to prove sensory deficiencies.
Extrinsic evidence.
A party may not call a witness to impeach an opposing witness's character for veracity, True/False
False. Extrinsic evidence including witnesses may be called.
A witness called to impeach an opposing witness's veracity may do so using opinion and reputation evidence, True/False
Both. True under the majority rule and false under the NY rule.
A witness called to impeach an opposing witness's veracity may do so using specific acts, True/False
False both under the majority and NY rule.
Under the NY rule may a criminal conviction be used to impeach a witness's veracity?
Yes, for any witness including the Defendant
What is a Sandobal hearing?
Inquiry by judge to determine the probative value (veracity) versus the prejudicial effect of admitting D's prior convictions to impeach.
Under the majority rule what is the limit on the admissibility of prior convictions as a method of impeachment?
Conviction or release from prison must have been within 10 years from the trial unless the conviction was for a crime of dishonesty in which case they are always admissible.
Under the majority rule are prior bad acts admissible to impeach?
Yes, but must relate to truthfulness
Under the NY rule are prior bad acts admissible to impeach?
Yes, if they go W's moral turpitude , are proved by intrinsic evidence, and the questioning attorney has a GF belief that the act took place.
What is the rule for the use of contradiction as way to impeach?
A witness may be impeached by showing that she made a mistake or lied on direct.
Can extrinsic evidence be used to impeach a witness through contradiction?
Yes if the contradiction goes to an issue significant to the case but not for collateral matters.
Under the majority rule may a party impeach their own witness?
yes
Under NY law may a party impeach their own witness?
Generally not, but may impeach using prior inconsistent statement that was made under oath and in a writing signed by witness.
When can a party rehabilitate their own witness.
Only after the W's credibility has been attacked.
How may a party rehabilitate their witness after the W's credibility has been attacked?
Federal -- reputation and opinion

NY - reputation only

Both - no specific acts
Name 3 exceptions to the attorney client privilege.
1. Future crimes or fraud

2. Client puts legal advice into issue

3. Attorney-client dispute
Inadvertent waiver will not waive the attorney client privilege if the client _________ and _______.
1. took reasonable steps to prevent disclosure and

2. took reasonable steps to rectify disclosure.
What are the elements of the Doctor-Patient privilege?
1. Any communication or information

2. Acquired by a doctor from a patient

3.So long as its confidential AND

4. For the purposes of medical treatment
How does the patient lose the doctor patient privilege?
Putting their mental or physical condition in issue.
What does spousal communications privilege protect?
Communications between spouses if...

1. made during married persons

2. it was a communication

3. that was confidential
Who may waive the spousal communications privilege?
Only both spouses. (death of spouse waives the privilege)
What is spousal immunity?
The prosecution may not compel one spouse to testify against the other in a criminal case.
May one spouse waive spousal immunity?
Yes. but not spousal communications privilege.
Is spousal immunity recognized in NY?
No.
Under what conditions will spousal immunity NOT apply?
1. Furtherance of future fraud or crime

2. Destructive of the family unit

3. Must be married
Name and distinguish 5 categories of non-hearsay.
1. Impeachment purposes

2. Verbal Acts (legally operative words)

3. Show effect on person who heard the statement

4. Circumstantial evidence of a speaker's state of mind.

5. Certain prior statements of trial witnesses
What are verbal acts?
Words that themselves have legal significance (ex, acceptance of a K)
What prior statements of trial witnesses are admissible as an exclusion from the hearsay rule?
1. Prior identifications

2. Prior inconsistent statement if made under oath at a prior proceeding

3. Prior consistent statements if offered to rebut allegation of motive to lie
What are the "unavailable" hearsay exceptions?
1. Former Testimony

2. Forfeiture by wrongdoing

3. Statement against interest

4. Dying Declarations
Name the "any party" hearsay exceptions.
1. Party admissions

2. Excited Utterance

3. Present sense impression

4. Statement of then existing physical, mental or emotional condition

5. Statement for the purpose of medical treatment

6. Business and pubic records

7.
Under NY law, when will vicarious admission of an agent or employee be admissible over a hearsay objection?
If the agent had speaking authority.
When is the admission of a co-conspirator admissible over a hearsay objection?
When it was made in furtherance of the conspiracy.
Under what circumstances is a witness unavailable?
1. Privilege

2. Lack of jurisdiction

3. Illness or death

4. Stubborn refusal to testify

5. Lack of memory
Under NY law, when is a witness unavailable?
1. Privilege

2. Lack of jurisdiction

3. Illness or death

4. Stubborn refusal to testify

5. Lack of memory

6. 100 miles from court house

7. Declarant is a doctor
Under what conditions is former testimony admissible over a hearsay objection?
1. Declarant is unavailable

2. Prior statement was given in a prior proceeding (NY must be crim)

3. Party had opportunity to cross examine at prior proceeding
Under the forfeiture by wrong doing exception to the hearsay rule, the declarant's statement may be introduced against _________.
A party who intentionally and wrongfully made the defendant unavailable.
Under NY law dying declarations are admissible over a hearsay objection only in __________.
Criminal Cases.
What are the elements of a present sense impression exception to the hearsay rule?
Statement describes the event and s made when the event is still going on or soon thereafter (requires corroboration in NY)
A declarant's statement of then-existing mental, emotional or physical condition may include _______ but may not include _______ to be a hearsay exception.
Future plans/intent but not past condition.
Under NY law, the proponent of a declarant's statement of then-existing mental, emotional or physical condition must also show that the declarant is ______.
Unavailable.
Define NY 1st degree Robbery.
Forcible stealing plus

1. Brandishing weapon or

2. Serious physical injury
Define NY 2nd degree robbery.
Forcible stealing plus

1. Aiding and abetting

2. Victim is injured or

3. Carjacking
Define NY 3rd degree robbery.
Forcible Stealing
What are the elements and mental state for forgery?
1. Making or altering a writing

2. So that its false

Specific intent to defraud
What are the elements and mental state of uttering
1. Offering as genuine

2. forged instrument

Specific Intent to defraud
What are the elements of malicious mischief?
Destroying or damaging someone elses' property with the intent to defraud
What is malicious mischief called in NY
Criminal Mischief
What are the elements of burglary under the majority rule?
Breaking and entering into the building of another with the intent to commit a felony

Specific Intent
What are the elements of 1st degree burglary in NY?
1. defendant knew it was a home

2. another person was hurt

3. D carried a weapon
What are the elements of 2nd degree burglary in NY?
1. Building was a dwelling

2. Another person was hurt

3. D carried a weapon
What are the elements of burglary in the 3rd degree in NY?
Breaking and entering into the building of another with the intent to commit a felony
What are the elements of Arson under the majority rule?
Malicious burning of a building.

Malice
What are the elements of 1st degree Arson in NY?
D used an explosive device and knew or should have known that there was a person inside
What are the elements of 2nd degree arson in NY?
D knew or should have knew there was a person inside.
What are the elements of 3rd degree arson in NY?
D intentionally burned the building.
What are the elements of 4th degree arson in NY?
D burned the building recklessly.
What is the mental state for attempt liability?
Specific intent commit the crime and to aid (NY)
What it the scope of liability for accomplice liability?
Aider is liable for all crimes he aided in as if he did them himself as well as ll other foreseeable crimes along the way.
Is the accomplice guilty if the principal is acquitted?
Yes.
Mere _______ and mere ________ is not enough for accomplice liability.
Presence and knowledge
What is the rule for withdrawal under the majority rule?
Aider: neutralize assistance or stop crime

Encourager: discourage
What is the rule for withdrawal under NY law?
Must make substantial effort to prevent the commission of the crime.
What is Accessory after the fact called in NY
Harboring a fugitive
What is the mental state for solicitation?
Specific intent that the crime be committed
What are the elements and mental state for conspiracy?
Agreement between two or more people to commit a crime and an act in furtherance of it.
Under the majority rule, a D can still be convicted of a conspiracy if all other conspirators are acquitted, True/False?
False. There must be at least two D's for a conspiracy. Only one is needed in NY.
In NY are co-conspirators vicariously liable for the crimes of their co-conspirators?
No. But they are under the majority rule.
What is the substantial act test?
The test applied by the majority of states whereby a D is guilty of attempt if he took a substantial step toward the crime that is strongly corroboration of criminal purpose
What is the dangerous proximity test?
The test applied by NY whereby D is guilty of attempt if he engages in conduct that is dangerously close to the commission of the crime.
What is the mental state for attempt?
Specific intent to commit the crime.
Under the majority rule, can withdrawal be a defense to attempt?
No, but can get rid of vicarious liability.
What are the elements for withdrawal from attempt under NY law?
Complete renunciation not based on mere fear of being caught.
What is the merger rule?
A lesser included offense (every element of the lesser offense is part of the greater offense) will merge into the greater one.
What is an example of the merger rule.
Larceny will merge into robbery.
What is the rule for merger and inchoate offenses?
Attempt -- merges

Conspiracy -- does not merge

Solicitation Majority - merges

Solicitation NY - doesn't merge
What is the M'Naughten test?
D was legally insane if

1. Didn't know his act was wrong

2. Did not understand the nature of his act.
What is the irresistible impulse test?
Defendant was insane if he

1. Didn't know his act was wrong

2. Did not understand the nature of his act

3. Was unable to control his actions

4. Was unable to conform his conduct to law
What is the NY test for insanity
Defendant was insane if he lacks substantial capacity to ...

1. understand he nature of his act

2. appreciate the wrongfulness of his act
Under what circumstances can voluntary intoxication be a defense?
If it prevents D from forming specific intent to commit a crime.
Under the majority rule a child under the age may _________ .
Not be prosecuted at all
Under the majority rule, there is a ______ ______ against prosecuting a child older than 7 but younger than 14.
Rebuttable Presumption
For children 14 or above may be ________.
Prosecuted
Under NY law, children under 14 _______ .
May not be criminally prosecuted as adults.
Under NY law, children 13 or older may be criminally prosecuted as adults for _______.
2nd degree murder.
Under NY law, children of the age of 14 or 15 may be prosecuted as adult for _________.
Serious crimes against property
Under NY law, children ages 16 or older may ________.
be criminally prosecuted for any crime as adults
When may non-deadly force be used in self-defense?
If it is reasonably necessary to protect against imminent unlawful force against himself
When may deadly force be used in self-defense?
OK if facing imminent threat of death or bodily harm.
What is the aggressor rule in the self-defense context?
An aggressor may not use deadly force in self defense.
How may an aggressor regain the right to use deadly force in the self defense context.
1. D withdraws from fight and communicates that to the other person OR

2. The victim suddenly escalates a non-deadly fight into a deadly one

NY - aggressor always must withdraw
What is the majority rule for retreat in self defense context?
No duty to retreat.
What is the NY rule for retreat in the self defense context?
There is a duty to retreat unless

1. It can't be done safely OR

2. The defendant is in his home
Is mistake of fact a defense in self-defense.
Reasonable mistake is but unreasonable mistake is not.
Is the use of non-deadly force legal to prevent the commission of a crime.
Yes, if necessary.
If the use of deadly force legal to prevent the commission of a crime?
May be used to prevent a crime that risks human life (MR)

May be used to prevent robbery, arson, burglary kidnapping, rape.
May deadly force be used to defend property?
No, unless its a burglary when the victim is home.
Is necessity a valid defense?
It can be if the defendant reasonably believed his conduct was necessary to prevent a greater harm but never for homicide.
Is duress a defense to homicide?
MR -- No

NY - Yes
What are the elements of entrapment?
1. Criminal design originated with the government

2. The D was not predisposed to commit the crime.
Under the majority rule, what is the standard of proof for the insanity defense?
Preponderance