Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Law > Crimes Against the Person > Flashcards

Crimes Against the Person Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Common Law Battery

general intent

A
  1. the unlawful
  2. application of force to another,
  3. resulting in either
    a) bodily injury or
    b) an offensive touching
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Common Law Assault (two types)

specific intent

A

**Attempted Battery (swing and miss)

  • *Reasonable Apprehension (fake out)
    1. the intentional creation
    2. other than by mere words
    3. of a reasonable apprehension in the mind of the victim
    4. of imminent bodily harm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

NY First Degree Assault

intent

A
  1. intentionally causing
  2. serious physical injury,
    3 with a weapon
    (2nd degree plus a weapon)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

NY Second Degree Assault

intent

A
  1. intentionally causing

2. serious physical injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

NY Third Degree Assault

intent

A
  1. intentionally causing

2. non-serious injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the Year-and-a-Day Rule?

A

Under common law death must occur within a year and a day of the homicidal act. NY and majority law reject this.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Common Law Murder (malice)

A
  1. causing the death
  2. of another person
  3. with malice aforethought
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the four ways to satisfy the common law murder malice aforethought requirement?

A
  1. intent to kill
  2. intent to inflict serious bodily injury
  3. extreme recklessness, meaning reckless indifference to human life (Depraved Heart Murder)
  4. intentional commission of an inherently dangerous felony (Felony Murder)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the two special rules under Common Law “Intent to Kill” Murder

A
  1. Deadly Weapon Rule: the intentional use of a deadly weapon (anything used in manner likely to produce death or serious injury) creates an inference of an intent to kill
  2. Transferred Intent (not murder specific but does not apply to attempts, only completed harms)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

First Degree Murder

majority approach-statutory

A

(1) any intentional killing committed with
(i) premeditation, and
(ii) deliberation (cool, calm, collected)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Second Degree Murder (majority approach-statutory)

A

All other intentional murders, as well as depraved heart murder and, where it still exists as a separate category of homicide, intent-to-inflict-serious-bodily-arm murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

First Degree Murder (NY)

A

(1) an intent to kill; AND
(2) the defendant is more than 18 years old; AND
(3) at least one aggravating factor:
(i) the victim is a law enforcement officer, engaged in official duties at the time of the killing;
(ii) the defendant committed a murder for hire;
(iii) felony murder, where the victim was INTENTIONALLY killed;
(iv) killing for the purpose of witness intimidation OR
(v) there was more than one victim intentionally killed in the same CRIMINAL TRANSACTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Second Degree Murder (NY)

A

(1) intentional murder that does not qualify for first degree
(2) highly reckless murder demonstrating depraved indifference to human life by engaging in conduct that creates a “grave risk” of death (wickedness, evil, brutal, heinous), generally to more than one victim (could include drink driving if facts egregious enough). Force directed at the victim but not intended to kill may suffice for conviction. No crime of attempt exists for reckless murder because no intent is involved.
(3) felony murder, where the victim is not a co-felon and is killed UNINTENTIONALLY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Felony Murder

A

Any killing caused during the commission of or attempt to commit a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the six felony murder limitations?

A
  1. Defendant must have committed the underlying felony
  2. The felony must be inherently dangerous
  3. The felony must be independent of the killing (i.e. not battery) (Merger Rule)
  4. The killing takes place during the felony or during immediate flight from the felony. Felony ends once felon reaches a place of temporary safety (Res Gestae Principles)
  5. The death must be foreseeable.
  6. The victim must no be a co-felon
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the six NY felony murder felonies and the required guilt? (BRAKES)

A
  1. Burglary
  2. Robbery
  3. Arson
  4. Kidnapping
  5. Escape
  6. Sexual Assault

Note: Felony murder conviction is possible even if the underlying felony is dismissed, the defendant acquitted, or the charge is not submitted to the jury, where there is sufficient evidence to support the conclusion that the defendant committed or attempted to commit an enumerated felny

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the two vicarious liability theories under felony murder?

A
  1. Proximate cause theory: in some states, NY included, if one of the co-felons proximately causes the victim’s death, ALL of the other co-felons will be guilty of felony murder, even if the actual killing is committed by a third party. (e.g. police officer)
  2. Agency theory: in other states, felony murder doctrine applies only id the killing is committed by on of the co-felons
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the NY “Non-Slayer” Defense to felony murder?

special accomplice defense

A

an affirmative defense if the defendant can prove that the defendant

  1. did not kill the victim;
  2. did not have a deadly weapon;
  3. had no reason to believe that his co-felons had deadly weapons; AND
  4. the defendant had no reason to believe that his co-felons intended to do anything that was likely to result in death.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Voluntary Manslaughter

common law

A

(1) a killing committed intentionally
(2) in the heat of passion
(3) upon adequate provocation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the four core requirements for qualifying for common law voluntary manslaughter?

A

(1) the provocation must be objectively adequate; it would arouse a sudden and intense passion in the mind of a reasonable person (objective)
(2) the defendant was actually provoked (subjective)
(3) the defendant did not have time to cool off (objective)
(4) the defendant did not actually cool off between the provocation and the killing (subjective)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are two objectively adequate provocations at common law?

A

(1) serious assault or battery

(2) presently witnessed adultery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Extreme Emotional Disturbance Manslaughter (heat of passion–first degree manslaughter)
(NY)

A

An intentional killing committed under the influence of a reasonable and extreme emotional disturbance. Reduces murder to first degree manslaughter.

Note: affirmative defense to second degree murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q 
Involuntary Manslaughter (two types)
(common law)
A

(1) a killing committed during the commission of a crime to which the felony murder doctrine does not apply. (“unlawful act manslaughter” or “misdemeanor manslaughter”)
(2) an unintentional killing committed:
(i) with criminal negligence (common law)
(ii) recklessly (MPC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is criminal negligence?

A

A gross deviation from a reasonable standard of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

First Degree Manslaughter

NY

A

(1) EED manslaughter; OR
(2) an intent to cause serious physical injury that results in death
(3) unjustifiable abortional act (performed (including giving drugs) upon a female over 24 wks pregnant that causes death of the female)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Second Degree Manslaughter

NY

A

(i) Defendant is aware of an consciously disregards a substantial and unjustifiable risk of death (recklessness) Intoxication is not a defense
(ii) Abortional act that causes death of mother unless justifiable by statute

27
Q

First Degree Vehicular Manslaughter

NY

A

Causing the death of another person as a result of driving while intoxicated (second degree), plus an additional aggravating factor, such as:

(1) the blood-alcohol level of .18 or higher; OR
(2) the death of more than one victim

28
Q

Second Degree Vehicular Manslaughter

NY

A

Causing the death of another person as a rest of driving while intoxicated

29
Q

Criminally Negligent Homicide

A

The defendant should have been aware of a substantial and unjustifiable risk of death (criminally negligent)

30
Q

Aggravated Homicide

NY

A

When the victim of the homicide is a police officer killed in the line of duty

31
Q

Aggravated Murder

A

When the defendant, over the age of 18, causes the death of a child under the age of 14 in an especially cruel an wanton manner.

32
Q

Aggravated Vehicular Homicide

A

When the defendant commits first degree manslaughter and engages in reckless driving

33
Q

Common Law False Imprisonment

general intent

A

(1) the unlawful
(2) confinement of a person
(3) without his or her consent

34
Q

Second Degree Unlawful Imprisonment

NY

A

(1) unlawfully
(2) restraining someone,
(3) with knowledge that the restriction is unlawful

35
Q

First Degree Unlawful Imprisonment

NY

A

(1) unlawfully
(2) restraining someone,
(3) without consent,
(4) with knowledge that the restriction is unlawful, PLUS
(5) a risk of serious physical injury

36
Q

Common Law Kidnapping

general intent

A

(1) false imprisonment

(2) that involves either moving the victim or concealing the victim in a secret place

37
Q

First Degree Kidnapping

NY

A

(1) abducting someone PLUS either
(a) intent to compel a third person to pay ransom;
(b) restraint of the victim for more than 12 hours with intent to rape, injure, or rob the victim; OR
(c) the death of the victim

38
Q

Second Degree Kidnapping

NY

A

Abducting someone

39
Q 
Forcible Rape
(general intent)
A

(1) sexual intercourse
(2) without the victim’s consent
(3) accomplished
(a) by force, or
(b) by threat of force, or
(c) when the victim is unconscious

40
Q

Statutory Rape

A

(1) sexual intercourse

(2) with someone under the age of consent

41
Q

What are the two different approaches to statutory rape with regard to the required mental states?

A

Majority/NY rule: strict liability

Minority/MPC rule: a reasonable defense

42
Q

What is the age of consent in NY?

A
  1. Defendant must be at least 21, and the victim 16 years or younger.
43
Q

Larceny

specific intent to steal

A

(1) trespassory (wrongful and unlawful)
(2) taking and carrying away (must be moved)
(3) the property of another
(4) with the intent to permanent retain the property

44
Q

What is the Erroneous Takings Rule?

larceny

A

A taking under a claim of right is never larceny, even if the decedent erroneously believes the property is his

45
Q

Continuing Trespass

A

If a defendant wrongfully takes property without the intent to steal and later forms that intent the initial wrongful taking is continued to have “continued” and he will be guilty of larceny. Exception to the concurrence principle.

46
Q

Embezzlement

specific intent

A

Conversion of the personal property of another by a person already in lawful possession (authority to exercise discretion over) of that property, with the intent to defraud.

47
Q 
False Pretenses
(specific intent to defraud)
A

Obtaining title (ownership) to the personal property of another by an intentional false statement, with the intent to defraud

48
Q

Larceny by Trick

A

Defendant obtains only custody (not title or possession) as a result of the intentionally false statement

49
Q

Robbery (Larceny + 2)

specific intent to steal

A
  1. trespassory
  2. taking
  3. and carrying away of the
  4. personal property
  5. of another with the
  6. intent to
  7. permanently retain the property
  8. from someone else’s person or presence (location reasonably close to the victim)
  9. by force or threat of immediate injury
50
Q

Presence (related to robbery)

A

Some location reasonably close to the victim, e.g. rooms in house other than the room in which the victim is located

51
Q

Force (related to robbery)

A

Any amount of force sufficient to overcome resistance is sufficient (e.g., snatching a chain or handbag)

52
Q

Threats (related to robbery)

A

Needs to be related to immediate injury

53
Q

Forgery

specific intent to defraud

A

(1) making or altering a writing

(2) so that it is false

54
Q

Larceny

NY

A

Any crime that would be larceny, embezzlement, false pretenses or larceny by trick at common law and include:

(i) acquiring property known to be lost or mislaid
(ii) issuing a bad check
(iii) false promise (fraud/misrepresentation)
(iv) extortion (same as MS)
(v) embezzlement
(vi) appropriating leased or rented items

55
Q

What are the five degrees of larceny in NY and their related money values for the property taken?

A

(1) First degree: More than $1M (class B felony)
(2) Second degree: More than $50k
- or extortion by fear of:
(i) physical injury
(ii) damage to property
(iii) D’s abuse of her power as a public servant
(3) Third degree: More than $3k (class D felony)
- or ATM or contents of ATM
(4) Fourth degree: More than $1k (class E felony)
- or public records
- secret scientific material
- prop taken from person of another but not robbery
- prop taken by extortion
- credit or debit cards
- firearms
- motor vehicle with value greater than $100 and
- prop used/kept at a place of worship at least $100
(5) Petit larceny: Lesser amounts (misdemeanor)

56
Q

First Degree Robbery

NY

A

Forcible stealing where either:

(1) the victim (nonparticipant) is seriously injured; OR
(2) the defendant uses or displays what is, or appears to be, a firearm (words alone are not enough)

Note: If defendant can prove that the gun was unloaded, an affirmative defense exists and the crime is reduced to second degree robbery

57
Q

Second Degree Robbery

NY

A

Forcible stealing where either:

(1) the defendant is aided by another who is actually present; OR
(2) the defendant or his accomplice injured the victim; OR
(3) a car is stolen OR
(4) there is a threat, whatever its nature, of immediate use of physical force

58
Q

Third Degree Robbery

NY

A

Forcibly stealing property

59
Q

Force (related to robbery)

A

Established by the threatened use of immediate physical force upon another

60
Q

Since NY doesn’t have a crime of battery what alternative crime can be charged?

A

Menacing: when a person by physical menace intentionally places or attempts to place another person in fear of death, imminent serious physical injury, or physical injury

61
Q 
Intentional Murder (and two defense)
(NY)
A

When a person, with the intent to cause the death of another causes the death of such person or of a third party (transferred intent).

Two Affirmative Defenses:
(i) extreme emotional disturbance (“heat of passion”)
(ii) aiding a suicide
Mitigate so that they can still be prosecuted for manslaughter

62
Q

First Degree Rape or Sexual Criminal Act (qualifies for first degree murder or felony murder)
(NY)

A

Committed when any person engages in sexual intercourse with another person:

(i) who is less than 11 years old;
(ii) who is physically helpless;
(iii) by forcible compulsion; or
(iv) who is less than 13 years old and the actor is 18 older

Note: There is no defense of mistake as to the victim’s age

63
Q

Second Degree Rape or Sexual Criminal Act

NY

A

Person age 18 or older has intercourse with another person less than age 15

Note: third degree covers act considered date rape and acquaintance rape (lack of consent but not incapable of consent) and other statutory age based differences

64
Q

Corroboration (Rape and Criminal Sexual Act)

NY

A

D may not be convicted solely on the testimony of the victim for any sex crime, or attempt, where lack of consent is an element and such lack of consent results from mental defect or incapacity. Corroborating evidence must tend to:

(i) establish at least an attempt to have sexual contact with the victim and
(ii) connect the defendant with the commission of the offense or attempted offense

NOTE: By statute NY no longer requires corroboration in cases of forcible rape, criminal sexual act or sexual abuse

Criminal Law (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions