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61 Cards in this Set

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Principal
has the required culpalble mental state, commits the required voluntary act, and satisfys other elements
accomplice
has the same culpalble mental state as principal (stated in statue for required offense) voluntary act- solicit, requrest, commands, importunes, or intentiaonally aids principal to carry out offense
Huey: accomplice
Dewey: principal actor
Louie: Accomplice
Huey: mastermind, plans robbery but stays at home during its commission
Dewey: Triggerman, runs into bank w/ gun and takes the money
Louie: getway driver
All are guilty of robbery 3
Accomplice liability
you get charged with the same crime as the principal actor. must have the same culpable mental state.
people v. reyes
appellate divison reversed his conviction of criminal sale of a controled substance 1. defendant stod as a body guard for the seller in the sellers appartment during a sale which is the predicate for this crime. the defendant uttered only a few words during the transaction, which were deemed those of a bystander, not an interested party. to convict the jury needed to know he had the same cms as the seller and intentionally aided the seller, which is not supported by the evidence, conviction reversed. not same cms.
people v. karchefski
principal: bolante, accomplice: karchefski, buyer: undercover cop. convicted of 2 counts of criminal sale of a controlled substance 6
the undercover cop pulls up next to another car in the parking lot, and asks "anything for the head?" Bolante says yes, dust, smoke or mescaline, you name it. the cop asked about the price and bolante responded. the cop asked for dust and mescaline. bolante got in front seat of cops car, and def. got into the back (it was raining out). bolante put a pill in a manilla envolope and exchanged it for money w/ the cop, then asked def. to get the dust. def. gave bolante the bag, who emptied some of its contents into a manilla envolope and exchanged it for money w/ the cop. the men were arrested no drugs or money were found on the def. def is not guilty of the first count, selling the mescaline, but is guilty of the second count selling the dust b/c he handed the bolatne the bag, so hes an accomplice.
can you still prosecute an accomplice if the principal is not being prosecuted?
yes, (big bro and little bro stealing a radio) little bro is not liable b/c hes a juvenile
when is abortion legal
with the females consent
preformed by a licensed physician
within first 24 weeks or if it is necessary to prevserve the womans life
full term pregnancy
40 weeks = about 10 months
viability
25-26 weeks
aggrivated criminally negligent homicide
when they negligently kill, knowing its a police officer
vehicular manslaugher2
targets DWI related behavior when a person dies
manslaughter 2
reckless act (aware of risk and consicously disreguard)
abortional act-intent to cause miscarriage
intentionally causing/aiding sucicide **Includes physicican assisted sucicide
DR. Quill
rochester doctor intentionally gave a patient too many barbituates so he could help her die. grand jury decided not to press charges.
affirmative defenses
the defendant must prove by a preponderance of the evidence
non affirmative defenses
the da must prove beyond a reasonable doubt
transferred intent
when you dont kill the person you meant to, but you killed a different person trying to kill the other one
Rodney Miller
he was ordered out of his house b/c he hit his wife. he shot his wife through the kitchen window after seeing the house decorated with xmas ornaments. he was sad that everything in the house looked the same w/ out dad there. charged w/ 2 counts of murder 2nd. suffered depression since highschool, his wife had bouts of depression and went to a psychiatrist. psychiatrist testified that he was considering sucicide and using prozac. he was aquitted of 2nd deg. murder and convicted of 1st degree manslaughter, under the extreme emtional distrubance.
robert Burney
charged with murder 2 and reckless endangerment 1, pleaded guilty to manslaughter 1 and reckless endangerment 1. said he suffered an extreme emtional disturbance. burney shot and killed william briggs after he had robbed him the previous day and had beat him up. briggs kept returning to burneys home when he shot him from the balcony. the victim was running away when burney fired at him, he also hit an occupied car, but the passengers were ok.
Latangela Faniel
shot her abusive boyfriend in the head while he was sleeping. asked, and did plea guilty to manslaughter after being charged with murder 2. Jerry had abused her and there children. he had previously put a gun in her mouth while she was holding their new born and had put a gun to the head of her 10yr old child. she suffered extreme emotional distrubance.
people v. Moye
charged w/ murder 2, depraved indifference. testified that he thought he was gay b/c he had trouble having sexual relations with women. a friend of his told him that if anyone can get him an erection it would be gloria. when he couldnt preform she laughed at him, he asked her to stop, she wouldnt so he started slashing her. he cut off her head, hands, feet etc. he was drunk and so was she, he put her head in a pillow case in the backyard, her torso in the bathtub and set the closet on fire. he says that it seemed like something snapped inside him, he went bananas. def. asked the court to charge eed and intox. the judge rejected due to insufficent evidence. the coa judge said there was enough evidence and ordered a new trial
shirley huntley
tried for depraved indifference murder. dwi fatality, bac .18, head on collision. drove 10 miles the wrong direction on 390. killed cynthia halsted. also charged w/ 2 counts of felony dwi. the ada requested permission to cross examine her on her 3 prior dwi convictions if she took the stand. he wasnt allowed to b/c they were highly predjudical agaisnt the defendant. convicted of manslaugther 2. admitted drinking 4 beers and 2 mixed drinks, said she was distracted by her puppy.
brian congolosi
convicted of murder 2 depraved indifference. bac =.28-.29, three previous dwi arrests. he was speeding swerving in and out of traffic and crossing the center line. his prior convictions were admitted into court.
affirmative defense
the burnden of proof is on the defense. must prove by a preponderance of the evidence.
people v. matos
two people broke into macdonalds and rounded up the employees at gunpoint. a worker escaped and returned to the resturant with three cops. matos climbed up a ladder that led to the roof, and a cop followed him, another cop ran up the ladder and saw the first cop, dwyer, laying dead 25 feet down an airshaft. felony murder was convicted, court of appeals affirmed. the accused doesnt have to commit the final fatal act to be culpable for causing the death. defendants act did indeed cause the death.
death penalty
when it was first enacted it was a mandatory sentance for all people convicted of murder 1. enacted in 1995, applied to murder 1 only
why was the death penalty declared unconstitutional?
because it did not take into effect the individual circumstances of each case. judge had to tell the jury what would happen if they didnt convict. this was covercive and unconstitutional
people v. Lavalle
2004. new york court of appeals says the death penalty is unconstitutional
bifurcated trial
divided into 2 parts
1. guilt phase
2. penalty phase
uses the same jury . must be unanamous, both phases are a trial where evidence is presented
what happens if the jury cant agree to sentance a defendant to death
the responsibility goes to the judge who imposes the sentance 20-life, up to 25-life.
how to fix the problems with the death penalty
make the default of a hung jury one where the judge imposes a sentance of life with out parole.
senate
republican controlled
assembly
democrat controlled
why hasnt the death penalty passed
its expensive
too little result
attitutes toward the death penalty have changed
People v. Jiminez
had a cut 1 1/2 cm long above his lip. court says that its not a physical injury
People v. Owusu
are an individuals teeth a dangerous instrument? defendant forced his way into his estranged wifes appartment and got into a fight with another man, during the fight he bit his finger so severely that nerves were severed. any instrument article or substance becomes a dangerous instrument when it is used in a manner that makes it readily capable of causing serious physical injury. it was dismissed b/c his teeth are not instruments, they are attached to his body, he did not up the ante by bringing a device to assist him. dissmissed counts of burglary 1, assault 1, and redcuded burg 2 to burg 3
Edward Jones
injured a police officer b/c he had a seizure when he was driving. didnt take his medicine. assault 1 depraved indifference.
inchocate offenses
incomplete offenses
object crime
subject of the though process. must be a misdemenor or felony. the more serious the object crime, the more serious the inchoate offense.
solicitation
asking another person to commit a crime. he doesnt have to know that you asked him. must have intent
conspirarcy
agreement with intent
overt act
one act done by one conspirator toward completion of the crime
attempt
comes within dangerous proximity of completion of the object crime
hindering prosecution
occurs after the offense took place, not really an inchocate offense
criminal facilitation
aiding someone before the crime took place.
principal
the actor who has the requied culpable mental state and who commits the act and who fulfills any other element required by the statute for the offense in question
accomplice
must have same cms
must aid or encourage the accomplice
is guilty of the same offense as the principal
criminal facilitation
before a crime has occured, knowingly providing another4 person with the means or opportunity to commit the crime, but without sharing the actors cms
hindering prosecution
after a cirme has occurred, intentionally aiding another perosn to aviod detection or apprehension or to obtain a benefit from the crime. the offender is not an accomplice b/c crime allready occured.
guilt of accomplice
does not depend upon whether or not the principal is or can be prosecuted, neither does it depend upon the guilt of the accomplice.
solicitation
asking another person to commit a crime
conspiracy
agreeing with one or more other persons to commit a crime
attempt
coming close to completing the crime
criminal facilitation
providing another person wiht the means or opportunity to commint a crime, before the crime takes place
hindering prosecution
helping a person who already has committed a crime aviod apprehension or discovery.
punishment for attempt
one class lower than the completed offense
when your guilty of attempt
even if it was impossible for you to complete the attempt b/c the actor intented to complete the crime, he just couldnt b/c of circumstances that were unknown to him.
people v. warren
how close must the defendants come to completion of the crime to be guilty as an accomplice. must come within dangerous proximity. attempted criminal possesion of a controled substance. grand jury dismissed charges for lack of evidence. wanted to buy 1/2lb of cocaine, they tried to buy it from an undercover cop. they talked about where to buy, how much to buy, how to package, they were not guilty b/c they hadnt even tested it, brought enought money or cocaine when they got arrested, they were not in dangerous proximity
conspiracy
with intent, agrees with one or moer persons to engage in or cause the preformace of such conduct. establishes that the conspirators are serious about carrying out a crime
when your guilty of hindering prosection
even if you belive that the person you are helping is innocent, it doesnt protect you from these charges. object crime must have been a felony.
edward jones
hit a rochester police officer with his car while suffering a seizure. he refused to take his medicine. drove w/ out a license and had a friend register his car. the cop was interviewing a robbery suspect. had previous felony convictions and had the seizure w/ out his normal tingeling sensations.