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NY Bar > Crim Law > Flashcards

Crim Law Flashcards

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1
Q

Elements of a Crime

A
  1. Actus Reus
  2. Mens Rea
  3. Concurrence
  4. Harmful Result and Causation
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2
Q

Model Penal Code Mental States

(Mens Rea)

A
  1. Purpose - conscious desire to achieve a particular result
  2. Knowledge - aware of what he is doing and practically certain that his conduct will cause the result
  3. Recklessness - aware of a substantial risk and consciously disregards
  4. Negligence - should have been aware of a substantial risk
  5. Strict Liability
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3
Q

Common Law Mental States

(Mens Rea)

A
  1. Specific Intent - acts with desire to achieve specific result
  2. Malice - acts intentionally or with reckless disregard of a known risk
  3. General Intent - generally aware of the factors constituting crime (need not intend a specific result)
  4. Strict Liability
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4
Q

Concurrence Rule

A

Defendant must have the required mental state at the same time that he engages in the culpable act

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5
Q

Criminal Battery

A

The (1) unlawful (2) application of (3) force to another person causing (4) bodily injury or offensive contact

Mental State: General Intent

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6
Q

Criminal Assault

A
  1. An attempted battery (swing and a miss); or
  2. Intentional creation of reasonable apprehension of imminent harmful contact (general intent)
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7
Q

Common Law Murder

A

A unlawful killing of another committed with malice aforethought.

  • Malice:
    • Intent to Kill;
    • Intent to inflict great bodily harm; OR
    • Depraved heart: reckless indifference to a known high risk of death or great bodily harm
  • OR Felony-Murder Rule
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8
Q

Degrees of Murder

A
  1. First Degree:
    • Premeditated and Deliberate Intent to Kill
  2. Second Degree: all other murders
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9
Q

Felony-Murder Rule

A

Homicide committed during an inherently dangerous felony

  • Homicide must be foreseeable/proximate cause
  • During felony or immediate flight (not after felon reaches a place of temporary safety)
  • Vicarious Liability:
    • Liable for death caused by co-felon
    • Not liable if non-felon kills co-felon
    • Proximate Cause Theory: liable for death of non-felon by non-felon
    • Agency Theory: not liable for death of non-felon by non-felon
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10
Q

Voluntary Manslaughter

A

An intentional killing that would otherwise be murder will be mitigated to voluntary manslaughter if:

  1. Committed in the Heat of Passion upon
  2. Adequate Provocation: must be a subjective and objective passion AND no cooling off
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11
Q

Involuntary Manslaughter

A

An unintentional homicide commited without malice (e.g, with criminal negligence (common law) or recklessly (MPC).

  • Intent to inflict slight bodily harm
  • Criminal Negligence - gross deviation from reasonable person standard

OR

​Misdemeanor-Manslaughter Rule: homicide during a non-inherently dangerous felony or a malum in se crime

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12
Q

False Imprisonment

A

The (1) unlawful (2) confinement of a person (3) without consent

Mental State: General Intent

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13
Q

Kidnapping

A

The false imprisonment of another person invovling either movement or concealment.

Mental State: General Intent

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14
Q

Forcible Rape

A

(1) Sexual Intercourse
(2) without consent
(3) accomplished by force, threat of force, or when the victim in unconscious

Mental State: General Intent

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15
Q

Statutory Rape

A

Sexual Intercourse with someone under the age of consent

Majority Rule: Strict Liability

MPC/Minority Rule: A reasonable mistake is a defense

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16
Q

Larceny

A
  1. Trespassory (wrongful or unlawful)
  2. Taking and Carrying Away (moved)
  3. the Property of Another (lawful custody)
  4. with the Intent to Permanently Retain

*A taking under claim of right is never larceny, even if erroneous

*Continuing Trespass - later developed intent to steal (exception to the concurrence rule)

*Larcenty by Trick if obtained through misrepresentation

17
Q

Embezzlement

A

Fraudulent conversion of the property of another by one in rightful possession.

Mental State: Specific Intent to defraud

18
Q

False Pretenses

A

The acquisition of title to another’s property by a false representation with intent to defraud.

  • Causes a change in ownership, not merely possession.

*Consider also larceny by trick (custody–not title–obtained by misrepresntation)

19
Q

Robbery

A

Larceny plus two;

A larceny committed from the victim’s presence by force or threat of force of immediate bodily harm.

Mental State: Specific Intent to Steal

20
Q

Forgery

A

Making or Altering a Writing so that it False with the Specific Intent to Defraud

21
Q

Burglary

A

The trespassory breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein.

  • Common law required it to be a residence; now any structure
  • Common law required it to be at night; now no longer required
  • Must have intent to commit felony inside at the time of entry
22
Q

Arson

A

The burning (material wasting/charring) of a dwelling of another with malice (intent to burn or knowledge of extremely high risk of burning)

23
Q

Accomplice Liability

A
  • Principal
    • Liable for their crimes
  • Accomplice (aids, counsels, or encourages)
    • liable for principal’s forseeable crimes
  • Accessory after the Fact (intends to help felon escape arrest or trial after the felony)
    • may be liable of obstructing justice
24
Q

Solicitation

A

Asks or requests another to commit a crime with the intent that the person solicited commit the crime.

  • Specific Intent
  • If the party solicited actually commits the crime, the soliciter will also be vicariously liable for the crime (but not solicitation bc merger)
25
Q

Conspiracy (and vicarious liability of co-conspirators and Defenses)

A

If defendant enters into an agreement with another party for an unlawful objective and some overt act is performed in furtherance of the unlawful objected.

  • Agreement can be express or implied
  • Majority: all conspirators must agree (i.e., no conspiracy with undercover police)
  • Minorty/MPC: allows unilateral conspiracy

Vicarious Liability:

  • liable if (1) reasonably foreseeable and (2) in reasonable furtherance of conspiracy

Defenses:

  • Withdrawal - liable for conspiracy but not target crime
  • Legal Impossibility
  • No Merger (does not merge into completed crime)
26
Q

Attempt (and defenses)

A

Guilty of attempt if defendant commits an act of preparation with the intent to commit the target crime

  • Majority rule/MPC: substantial step, provided that conduct strongly corroborate the actor’s purpose
  • Common Law: comes dangerously close
  • Mental State: Specific Intent to commit underlying crime

Defenses:

  • Merger
  • Legal Impossibility (factual impossibility no defense)
27
Q

Excuse

A

If a crime is excused, the defendant is not criminally liable

  • Youth/Infancy
  • Insanity
  • Intoxication
    • Voluntary - only defense to specific intent
    • Involuntary - apply insantity tests
28
Q

Insanity Tests

A

Remember, insanity is an excuse/defense. Crim result of insanity

  1. M’Naghten (majority): (purely congitive) did not know wrongfulness of act OR could not understand the nature and quality of act
  2. MPC: (cognitive or volitional) lacked capacity to understand wrongfulness of act or conform conduct to law
29
Q

Voluntary Intoxication

A

Can be a defense to specific intent crimes only; so intoxicate that could not form requisite intent

30
Q

Infancy

A

Less than seven, cannot be prosecuted;

Less than 14, rebuttable presumption against prosecution;

Over 14, prosecution allowed.

31
Q

Mistake of Fact

A
  • Reasonable: if reasonable mistake negates mental state required for crime then not guilty; generally defense to any crime, except specific intent crimes
  • Unreasonable: only a defense to specific intent crimes
32
Q

Justification

A

If a crime is justified, the defendant is not criminally liable

  • Defensive Privileges
  • Note, initial aggressor can’t use SD unless they withdraw OR other side escalates and safe retreat is unavailable
33
Q

Entrapment

A

Not guilty if not predisposed to commit the crime, i.e., the plan originated with the government

NY Bar (16 decks)

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