Criminal Law Flashcards
Homicide
When one unlawfully causes the death of another living human being, in NY, includes unborn child for pregnancy over 6 months
To obtain a homicide conviction, the prosecutor must establish beyond a reasonable doubt that the D proximately cased another’s death by:
FIGS MAN
Felony murder
Intentional murder
Gross reckless murder (depraved heart)
Serious bodily injury murder
MANslaughter
Felony Murder
Unintended homicide that occurs during a dangerous felony either in its attempt, during its commission or in the immediate flight from the dangerous felony
**Over once a D reaches “safe harbor” except in arson
Intent to kill is not an element, the intent to commit the underlying felony transfers to the murder
Accomplices are guilty for any death as a foreseeable result of the underlying dangerous felony
** NY, felony murder occurs even though the felon did not commit the act that proximately caused the death
Dangerous Predicate Felonies found in felony murder:
BRAKERS
Burglary: Unauthorized breaking and entering into another’s dwelling at night with a specific intent to commit a felony there in
Robbery: Larceny, taking the property of another, by the use of threat or threatened use of immediate force
Arson: Reckless or intentional burning of any building (NY) used for overnight lodging or to carry on a business
Kidnapping: Criminal assault and/or battery, forcibly restraining, and abduction by force or threat of force
Escape: D apprehended then escapes
Rape: Non consensual sexual penetration through force or threat of force
Sexual criminal act: Rape of a male by another male (NY)
Felony murder predicate felonies not found in:
LAB
Larceny: Take the property of another with a specific intent to permanently deprive the owner of that property
Assault: An attempted battery, “to try but not to succeed”, intent to cause apprehension of an immediate battery
Battery: Intentionally cause harmful or offensive bodily contact with a P
Intentional Murder
Desire to kill another living human being, NY does not require premeditation and deliberation, NY defines murder simply as intentionally killing of another to determine if the act was intentional, the fact finder considers:
1.The nature and circumstances of the violent act, which part of the body was assaulted as well as whether a weapon was used
Gross Reckless Murder (depraved heart)
When D’s conduct creates such a grave risk of death as to approach certainty
The DA must prove that D was aware of the grave risk but consciously disregarded it and in doing so displayed an utter disregard for the value of human life.
Serious Bodily Injury Murder
D commits murder when D only intended to cause only serious bodily injury but the victim dies
** NY manslaughter in the 1st degree
Voluntary Manslaughter
NY, 1st degree manslaughter occurs where:
- D intentionally committed murder but D’s intent arose of circumstances of extreme emotional disturbance
- In NY but not MBE where D intends to commit serious bodily injury that results in death, this is frequently charged as a lesser included crime of intentional murder
Involuntary Manslaughter
NY, 2nd degree manslaughter
Arises where D is aware of a substantial risk of death but despite this knowledge D precedes to act and recklessly causes the death of another (typical DUI, vehicular manslaughter)
Burglary
Breaking and entering into another’s dwelling used for overnight lodging at night with a specific intent to commit a felony therein (during the day is criminal trespass)
**NY any building used for overnight lodging, day or night, and does NOT require breaking with force
NY degrees of burglary:
Burglary in the 3rd degree is to knowingly enter or remain unlawfully in a “BUILDING” with the intent to commit any crime therein (7 year jail sentence)
Burglary 2nd degree requires knowingly entering or remaining unlawful with the intent to commit any crime therein plus:
- DAMP aggravating circumstances or;
- The building is a “dwelling” without any DAMP aggravated circumstances (15 year jail sentence)
Burglary 1st degree is burglary in a “dwelling” and while in the dwelling or in the immediate flight therefrom either the D or another participant in the crime engaged in DAMP aggravated activity
Criminal Defenses (WHEN)
If the evidence produced at trial when viewed in a light favorable to D reasonably supports the existence of a defense requested by D, the judge must charge the jury with that defense
Most criminal law defenses are affirmative defenses, which after the people have proved every element of the crime beyond a reasonable doubt, the criminal D has the burden of proving by a preponderance of the evidence
If the proof by both sides is equal then D has not met D’s burden, states may constitutionally impose a higher burden such as requiring clear and convincing evidence.
AFFIRMATIVE criminal defenses
NICE MICE EVADE WASPS
Necessity (choice of evils)
Inoperable (unloaded gun)
Claim of title or claim of right
Excessively broad penal statute
Mistake (legal or factual)
Insanity, Intoxication or
Infancy (under 7), btwn 7 & 16 is juvenile delinquent and generally not criminally responsible
**Youthful offender, under 19 with no prior felonies
CUB (didn’t commit the homicide, unarmed or had no reason to believe co-conspirator was armed)
Extreme emotional disturbance
Entrapment
Vague criminal statute
bill of Attainder
Duress
Ex post facto
Withdrawal from the crime
Alibi or agency defense
Self-defense/justification (ordinary in NY, affirmative in MBE)
heat of Passion
Statute of limitations
Affirmative Defenses Definition
A fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct.
Exception defenses that are NOT affirmative defenses
Infancy defense
claim of Right defense
Alibi defense or the agency defense to a drug sale indictment (no stake in the transaction)
Choice of evils defense, which NY calls justification
Self defense
Choice of evils (Justification)
D asserts that he was faced with two evils and chose the lesser one
**MUST leave no other alternative but to violate the law
Self Defense (ordinary in NY, affirmative in MBE)
Justification involves force that is otherwise criminal but which under the circumstances is legal to prevent immediate unlawful force or conduct by another, cannot be initial aggressor
Deadly Force = Force readily capable of causing death (NY requires reasonable belief)
NY has a duty to RETREAT if knows can retreat with complete safety
Mistake of Fact
Criminal defense if the mistake negates the mens rea required to commit the crime
Mistake of law
Not a defense except where:
- D relied on former judicial opinion
- Relied on administrative agency responsible for interpretation
- Law is vague and good faith mistake
- Thought it was illegal but didn’t violate a provision (legal impossibility)
Insanity
D has the burden of proof and must be proven by preponderance of the evidence:
McNaughton: Defendant either did not understand what he or she did, or failed to distinguish right from wrong, because of a “disease of mind.”
Irresistible Impulse: As a result of a mental disease, defendant was unable to control his impulses, which led to a criminal act.
Durham Rule: Regardless of clinical diagnosis, defendant’s “mental defect” resulted in a criminal act.
MPC: Because of a diagnosed mental defect, defendant either failed to understand the criminality of his acts, or was unable to act within the confines of the law.
Extreme Emotional Disturbance
Demonstrate that D’s mind was overwhelmed by an emotional disturbance that would’ve caused a reasonable prudent person to act criminally
Defense to intentional murder or attempted murder… Reduces murder to voluntary manslaughter or attempted voluntary manslaughter
Heat of Passion (Not NY)
Immediate reaction to a sudden extreme provocation that prevented D from reflecting and a RPP would have suffered an urge to kill (if time to cool off then premeditated and deliberated)
HOP and EED prove:
- D actually lost self control
2. An objective reasonableness of D’s explanation for losing self control
Withdrawal
Requires proof that D:
- VOLUNTARILY abandoned the criminal plan prior to its commission (true abandonment)
- SUBSTANTIAL EFFORT to prevent the crime (NY) committed by other accomplices
Ex Post Facto
Prohibits congress and state legislatures from retroactively altering the definition of a crime for D’s criminal conduct that occurred before the law became effected
Duress (criminal)
Arises when D is faced with an immediate threat of death or serious injury and chooses to commit a crime rather than immediately suffer the consequences of the threat
Bill of Attainder
A law that legislatively determines guilt and inflicts criminal or civil punishment without a trial
Entrapment elements:
- PERSUASION
Prove by a preponderance of the evidence that the governments conduct of encouraging or inducing D to commit the crime created a substantial risk that a crime would be committed by D who was not otherwise inclined to commit that crime (objective) - The prosecutor must disprove beyond a reasonable doubt D’s claim that D was not predisposed to commit the crime when first contacted by the government this is a (subjective)
Entrapment
A practice whereby a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit.
Claim of right
Aids a D who had a subjective reasonable good faith (even mistaken) belief that the property she is accused of stealing was her own or that she had the right to take it
NY: ONLY for larceny by extortion
