Crim Law - Preliminary Matters and Essential Elements of a Crime Flashcards
What is the name of New York Criminal law for new york essay purposes?
New York Penal law
Essential Elements of a Crime
(1) Act (Actus Reus)
(2) Mental State (Mens Rea)
(3) Causation (actual and proximate)
(4) Concurrence (need the requisite mental state at the TIME you commit the act)
Jurisdiction - A crime may be prosecuted in a state when:
(1) an act that was part of the crime took place; or
(2) the result took place in that state
Hypo: D, in California, fills out a false insurance claim and mails it to Connecticut. D may be prosecuted for insurance fraud in CA, where act took place; and in CT, where result too place
Burden of Proof in a criminal case
in a criminal case, the prosecution must prove each element of the crime “beyond a reasonable doubt”
DEFENSES in NY:
New York divides its defenses into 2 types
(1) “Defenses” - prosecution must disprove beyond a reasonable doubt
(2) “Affirmative Defenses” - the D must prove by a preponderance of the evidence
What constitutes a PHYSICAL ACT (Commission) that can be the requisite act for criminal liability?
What are the requirements for an OMISSION to be considered the requisite culpable “act” ?`
PHYSICAL ACTS (Commissions)
(a) all bodily movements are physical acts that can be the basis for criminal liability, provided they are VOLUNTARY
(b) INVOLUNTARY movements that are NOT considered criminal “acts” include
- —- (1) one that is not the product of actor’s volition (e.g. being shoved
- —- (2) sleep-walking or otherwise unconscious conduct
- —- (3) a reflex or convulsion (e.g. seizure)
OMISSIONS - need 3 things for an omission to constitute the requisite “act”
(1) the D must have a LEGAL DUTY to act (based on contract, certain relationship, statute, voluntary assumption, or creation of the peril)
(2) D must have KNOWLEDGE of the facts that give rise to the duty
(3) D must have the ABILITY to help
e.g. drowning kid - Dad has duty bc of relationship, but must also have knowledge that his son is drowning, and be able to swim (aka have ability to save him)
Name the 4 Common Law Mental States
(1) SPECIFIC INTENT - the desire to act AND the desire to achieve a specific result
(2) MALICE - D acts intentionally and with reckless disregard for a known risk (murder and arson)
(3) GENERAL INTENT - D need only be generally aware of the factors constituting the crime; he need NOT intent the specific result (tend to be crimes against the person, like battery, forcible rape, false imprisonment, kidnapping)
(3) STRICT LIABILITY - when the crime requires simply doing the act, no mental state required
Specific Intent
common law state of mind
Desire to act AND the desire to achieve a particular result
Name the 5 New York Mental States
(1) INTENT (MPC: purpose) - D’s conscious desire to achieve a particular result
(2) KNOWLEDGE - D is aware of what he is doing, and D is aware that it is practically certain that his conduct will cause that result
(3) RECKLESSNESS - When D is aware of a substantial and unjustifiable risk, and consciously disregards that risk
(4) NEGLIGENCE - When D should have been aware of a substantial and unjustifiable risk
(5) STRICT LIABILITY - No mental state required (similar to common law), crime requires simply doing the act
Intent
NY Mental State
Defendant’s conscious desire to achieve a particular result
Knowledge
NY Mental State
D is aware of what he is doing, and D is aware that it is practically certain that his conduct will cause that result
Recklessness
NY Mental State
D is aware of a substantial and unjustifiable risk, and consciously disregards that risk
Negligence
NY Mental State
D should have been aware of a substantial and unjustifiable risk
Strict Liability
NY Mental State
No mental state required (similar to common law), crime requires simply doing the act
What are the two offenses available ONLY for specific intent crimes?
(1) Voluntary Intoxication
(2) an Unreasonable Mistake of Fact
Actual Cause
D is an ACTUAL CAUSE if bad result would not have happened BUT FOR the D’s conduct
EXCEPTION: “accelerating cause” is an actual cause even though technically doesn’t fit the “But For” test
(e.g. alex stabs victor in abdomen, causing fatal wound where he will die in 5 minutes. Dudley comes up 1 minute later and shoots Victor in the head - Dudley’s shot is an actual cause of the death, even though it isn’t true that BUT FOR his shooting victor, victor wouldn’t have died)
