Criminal Law Flashcards
When can failure to act be basis for criminal liability?
1) Imposed by statute
2) Contract
3) Special relationship
4) Detrimental Undertaking
5) Defendant causes peril
Common law malice
= a reckless disregard of a substantial or high risk of harm.
Strict liability crimes
Selling adulterated food or drugs
Bigamy
Statutory rape
Corporate liability
Corporations cannot have mens rea, so no liability at common law. Liability must be imposed by statute.
NY: mental states.
NY uses MPC mental states:
1) Purposely: conscious object to cause certain result.
2) Knowingly or willfully: defendants is aware or knows of circumstances required by the crime OR that particular result is likely to occur.
3) Recklessly: acts with conscious disregard of a substantial and unjustifiable risk.
4) Negligent: should be aware of substantial and unjustifiable risk.
If statute is silent as to mens rea, then 1-3 presumed to suffice.
Causation in homicide
1) Actual/”but for” cause
2) Proximate cause: death was foreseeable result.
- Pre-existing condition does NOT break chain.
NY: multiple shooters
If two defendants shoot a victim and both have requisite mens rea, both can be charged as accomplices regardless of who actually killed the victim.
Four mental states of common law murder
1) Intent to kill (inferred if deadly weapon used).
2) intent to inflict serious bodily harm.
3) depraved heart killings.
4) Felony murder (“BARRK”)
- Burglary, Arson, Robbery, Rape, Kidnapping.
Voluntary manslaughter
AKA “heat of passion”.
= in response to adequate provocation.
- provocation
- threat of serious battery or deadly force.
- discovery of adultery.
- words NOT sufficient.
- must NOT have time to cool off.
- provocation can transfer if reasonable mistake of fact about identity of provoker.
- imperfect self-defense
- defendant was initial aggressor; OR
- honest but unreasonable belief.
Involuntary manslaughter
= unintentional homicide committed with criminal negligence OR during commission of malum in se misdemeanor or non-BARRK felony.
Example: drunk driving that falls short of depraved heart murder.
NY: murder
- First degree murder
1) intentional killing of police, peace officer, corrections, witness, or judge.
2) murder for hire.
3) felony murder where defendant personally and intentionally kills someone other than co-felon in BRAKERS felony (Burglary, Robbery, Arson, Kidnapping, Escape, Rape, Sexual Abuse).
4) cruel and wanton intended to inflict torture on victim. - Second degree murder:
1) intentional killing.
2) depraved indifference.
3) unintentional killing in course of BRAKERS felony murder, BUT subject to affirmative defenses:
i) defendant did not commit homicidal act;
ii) was unarmed;
iii) reasonably believed accomplices were unarmed;
iv) no reason to believe participants intended to engage in conduct likely to result in death.
NY: manslaughter
- First degree manslaughter:
1) death with intent to cause serious bodily injury.
2) intentional killing under extreme emotional disturbance.
3) abortion after 24 weeks.
4) serious physical injury resulting in death of a child. - second degree manslaughter
1) recklessly cause death of another.
2) intentionally assist suicide or abortion where mother dies.
NY: vehicular homicide
- Vehicular manslaughter in second degree
= criminally negligent homicide caused while operation motor vehicle under influence of alcohol or drugs. - Vehicular manslaughter in the first degree = 2d degree + 1 of following factors:
1) driving with BAC of >0.18
2) Knowingly driving with license suspended due to DUI or failure to submit to breathalyzer.
3) Driving after DUI within past 10 years.
4) Causing death of more than 1 person.
5) driving after prior conviction of vehicular assault or homicide.
6) death of child passenger <15. - Aggravated vehicular manslaughter = 2d degree + driving reckless + killed one person and seriously injured at least 1 more OR any of 1-6 above for 1st degree.
NY: depraved indifference
1-on-1 killings can almost never be depraved indifference killings.
NY: criminally negligent homicide:
= cause death of another through criminal negligence. catch-all.
Larceny
1) trespassory taking
- lying = larceny by trick.
2) carrying away
- smallest movement suffices.
3) of personal property
4) of another
- honest mistake is defense.
- defense = superior possessory interest (e.g., joint owners, BUT NOT thief unless own property).
- low level employee = larceny, not embezzlement.
- bailee must take by opening closed container.
- NOT abandoned property.
5) with intent to permanently deprive.
- at time of taking.
Embezzlement
1) Fraudulent
2) Conversion
3) of the personal property
4) of another
5) by a person who is in lawful possession of the property.
False pretenses
1) obtaining title to property
2) of another person
3) through reliance of that person
4) on a false rep of a material past of present fact (NOT future fact/promise)
5) intent to defraud.
- willfull ignorance of fact can be intent.
NY theft crimes
“Larceny” includes common law larceny, larceny by trick, embezzlement, and false pretenses, and extortion.
*Evidence of evasiveness and dubious excuses to return goods = inference of intent to permanently deprive.
- Degrees of larceny depend on value of property stolen.
1) 1d degree = >1mil.
2) 2d degree = >50k OR extortion by threat to person or property OR threat to abuse public position.
3) 3d degree = >3k
4) 4th degree = >1k OR taking public record, scientific material, credit card, firearm, car >100, telephonic device, religious article OR extortion.
5) Petit larceny = <1k
Robbery
= Larceny +
1) Force of intimidation
2) from or in presence of victim.
NY: 3 degrees of robbery
- 1d robbery
1) Non-participant is seriously injured.
2) Defendant armed with deadly weapon.
3) Threatens use of dangerous instrument. - 2d robbery
1) aided by someone else.
2) non-participant is injured.
3) displays what appears to be weapon.
4) stealing car. - 3d robbery = all others.
Burglary
1) breaking
- NO consent.
- NO open doors.
2) entering
3) dwelling
4) of another
5) at night
- too dark to see face.
6) with specific intent to commit felony therein.
- NO merger between burglary and underlying felony.
NY: burglary
NO requirement of at night.
NO breaking requirement; need only enter OR remain.
- Degree depends on type of building:
1) 1d = dwelling + armed OR uses force OR injures nonparticipant.
2) 2d = dwelling.
3) 3d = any kind of building.
Receipt of stolen property
1) receive stolen property
2) with knowledge that it is stolen
3) with intent to permanently deprive owner.
Battery
1) Unlawful
2) application of force
3) to another person
4) that causes bodily harm OR constitutes offensive touching.
Assault
= attempted battery OR intentionally placing another in apprehension of immediate bodily harm.
-requires INTENT.
NY: battery and assault
"Assault" = common law battery and mayhem. "Menacing" = common law assault.
- 1d assault:
1) intent to cause serious injury by means of deadly weapon or dangerous instrument OR
2) causing serious injury with depraved indifference to human life or in course of felony. - 2d assault:
1) intentionally cause seriously injury.
2) injures another while incarcerated, on school grounds, of in course o felony.
3) causes injury with deadly weapon or dangerous instrument.
4) administers drugs or substances without consent and for nonlawful purpose.
5) intentionally interferes with bus or train operators, police, firefighters in their duties. - 3d assault:
1) intentionally or recklessly causing injury to a person.
2) with criminal negligence, cause injury with deadly weapon or dangerous instrument.
NY: vehicular assault
*2d vehicular assault: cause serious physical injury while driving under influence of alcohol or drugs.
- 1d vehicular assault = 2d +
1) BAC > 0.18
2) license suspended or revoked for DUI.
3) previous DUI in last 10 years.
4) seriously physical injury to 2+ people.
5) previous conviction for assault or homicide.
6) serious physical injury to child <15. - aggravated vehicular assault = 2d +
1) driving recklessly AND factors 1-6 for 1d above.
NY: Reckless endangerment
- 2d reckless endangerment = reckless engage in conduct creating substantial risk of serious physical injury to another person.
- 1d reckless endangerment = with depraved indifference, recklessly creates grave risk of death.
Rape
1) Unlawful
2) Sexual intercourse
3) with female NOT wife
4) against will by force of threat of immediate force. (most modern statutes don’t require force).
- NOT economic duress.
- fraud in inducement does NOT negate consent.
- fraud in factum negates consent.
NY: Rape
- Applies to men and women.
- 3d rape:
1) >17yo but incapable of consent.
2) without consent by reason other than incapacity to consent.
3) >21yo sex with 18yo sex with 18yo sex with <13yo.
Kidnapping
(1) Unlawful
(2) Confinement
(3) against will
(4) + movement or hiding of the person.
- must me more than change in location incidental to other crime.
