Criminal Law Flashcards
General Intent Crimes (4)
(Mens Rea)
Only a general intent to engage in conduct, does not require additional specific intent to achieve a specific result beyond the act itself
1) Kidnapping
2) Battery
3) Rape
4) False Imprisoment
- 1 intent to abduct another
- 2 intent to inflict physical injury
- 3 intent to commit rape
- 4 intent to interfere w/ another’s freedom of movement
Doctrine of Transferred Intent
Intent twd V controls culpability for any unintended result
Most common: battery, arson, homicide
Guilty based on transferred intent may ALSO found guilty of attempt on intended V
Malice
Willful or corrupt intention of the mind, incl any unlawful or unjustifiable motive & both intentional and reckless conduct
Reckless disregard of an obvious risk that a particular result will occur
Only murder and arson require malice (CL)
Elements of a Crime
(5 elements)
1) Actus Reus
2) Mens Rea
3) Concurrence
4) Causation
5) Harm
- 1 voluntary physical act or omission w/ legal duty (legal duty, knowledge of facts, capacity)
- 2 “guilty” state of mind or state of mind accompanying a forbidden act
- 3 physical act & mental state must occur same time
- 4 D act causes harmful result
- 5 V is harmed
Homicide
CL/MBE
CL
1) Murder (premeditation/deliberation/felony)
2) Voluntary Manslaughter (passion)
3) Involuntary Manslaughter (negligent - criminal negligence: duty/knowledge/capacity)
MBE
1) 1st Degree Murder (intentional/felony)
2) 2nd Degree Murder (“intentional”/Reckless)
3) Manslaughter 1st (CL Vol Man)
4) Manslaughter 2nd (CL IM - negligent killing)
Homicide
(NY x5)
1) Murder 1st Degree
2) Murder 2nd Degree
3) Manslaughter 1st Degree
4) Manslaughter 2nd Degree
5) Criminally Negligent Homicide
NY Murder 1st Degree
Aggravating circumstance (police, judge…)
Murder in the 2nd Degree (NY x3)
Three separate murder theories:
1) Intentional Murder
2) Depraved Indifference Murder
3) Felony Murder
1* intent to cause death, causes death to V or 3rd party (Def: Ex Emo Distress/aid suicide)
2* recklessly engage in conduct crating grave risk of death -> death
3* commits or attempts “BARKRESS” and in course/furtherance/immediate flight causes death of another (not a criminal)
Manslaughter 1st Degree
1) intent cause serious physical injury, causes death of another
2) intent to cause death to another under extreme emotional distress
3) unjustifiable abortion after 24 weeks
4) D >18 w/ intent to cause physical injury to pax
Manslaughter 2nd Degree (NY)
Three separate provisions
1) Recklessly causes the death of another pax
2) Unjustifiable abortion act
3) intentionally causes/aids another w/ suicide
Criminally Negligent Homicide (NY)
Gross deviation from standard of care - failure to perceive a substantial and unjustifiable risk of death
Robbery (NY x3)
Forcibly steals property:
1) 1st Degree
- causes a V serious injury
- armed/threatens/displays what appears a firearm (Def: not loaded, reduced to 2nd)
2) 2nd Degree
- aided by another person actually present, or
- another person physically injures a V, or
- threatens force (displays firearm)
3) 3rd Degree
- forcibly steals
Burglary (NY)
“Building” incl any structure, vehicle (motor truck/trailer), or watercraft used for lodging, or used for business, elementary/secondary school
“Dwelling” building for pax lodging at night.
1) 1st Degree
2) 2nd Degree
3) 3rd Degree
Burglary 1st Degree (NY)
a) knowingly,
b) enters or remains,
c) unlawfully,
d) in a dwelling w/
e) intent to commit
f) a crime therein and D/participant AND
EITHER: armed explosives/deadly weapon or uses/threatens immediate use deadly instrument; or displays what appears to be a firearm
(Def: firearm not loaded)
Note: D MUST have intent at the time he unlawfully enters or remains in a building
Burglary 2nd Degree (NY)
a) knowingly entering or remaining unlawfully
b) in a building
c) with intent to commit a crime therein
AND
d) the building is a dwelling, or
e) D injures a V, or
f) D was armed
