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8. Crim Law and Procedure TIER 1 > Criminal Law: Essential elements > Flashcards

Criminal Law: Essential elements Flashcards

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1
Q

What are the four essential elements of crimes?

A
  1. Physical act
  2. Mental state
  3. Causation
  4. Concurrence
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2
Q

What are the inchoate (anticipatory or preparatory to a further criminal act) offenses?

A
  1. Solicitation
  2. Conspiracy
  3. Attempt
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3
Q

What are the 6 defenses?

A
  1. Insanity
  2. Intoxication
  3. Infancy
  4. Self-defense
  5. Duress
  6. Entrapment
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4
Q

What is the burden of proof for elements of a crime?

A

Each element must be proven beyond reasonable doubt.

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5
Q

What is the burden of proof for defenses?

A

MS:

  1. Prosecution must disprove each element of the defense beyond a reasonable doubt
  2. Insanity must be proven by D by preponderance of the evidence

NY:

  1. Defenses: prosecution must disprove beyond reasonable doubt
  2. Affirmative defenses: D must prove by preponderance of the evidence
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6
Q

What is a felony?

A

Crime that may be punished by more than 1 year in prison.

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7
Q

What is a misdemeanour?

A

Crime where maximum punishment may not exceed 1 year in prison.

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8
Q

What is an act?

A

A voluntary bodily movement

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9
Q

What is the omissions rule?

A

Failure to act can be basis for criminal liability if:

  1. Need legal duty (statutory, contract, status relationship, voluntary assumption of care, creation of peril)
  2. Knowledge of facts giving rise to duty
  3. Ability to help
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10
Q

What are the 4 common law mental states?

A
  1. Specific intent
  2. Malice
  3. General intent
  4. Strict liability
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11
Q

What does Common law specific intent require?

A

When crime requires not just desire to do the act, but also desire to achieve particular result

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12
Q

What are the 11 common law specific intent crimes?

A
  1. Assault
  2. Murder 1
  3. Larceny
  4. Embezzlement
  5. False pretenses
  6. Robbery
  7. Forgery
  8. Burglary
  9. Solicitation
  10. Conspiracy
  11. Intent
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13
Q

What does common law malice require?

A

When D acts intentionally OR with reckless disregard of obvious or known risk

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14
Q

What are the two common law malice crimes?

A
  1. Murder

2. Arson

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15
Q

What is common law general intent?

A

D need only be generally aware of factors constituting crime; need not intend a specific result

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16
Q

What are the four common law general intent crimes?

A
  1. Battery
  2. False imprisonment
  3. Kidnapping
  4. Forcible rape
17
Q

What is common law strict liability?

A

When crime requires simply doing the act; no mental state

18
Q

What are the two types of common law strict liability crimes?

A
  1. Public welfare (regulatory or morality offenses with small penalties)
  2. Statutory rape
19
Q

What is common law mistake of fact?

A

Specific intent: any mistake, even unreasonable is defense
General intent: only reasonable mistake is defense
Strict liability: no mistake is defense

20
Q

What is common law mistake of law?

A

Not a defense (except in few cases where statute makes knowledge of the law an element, selling gun to known felon)

21
Q

What are the 5 NY mental states?

A
  1. Intentionally/purposely
  2. Knowingly
  3. Recklessly
  4. Negligently
  5. Strict liability
22
Q

What is the NY intentionally/purposely mental state?

A

D’s conscious object to accomplish a particular result

23
Q

What is the NY knowingly mental state?

A

D aware of what he is doing

24
Q

What is the NY recklessly mental state?

A

D aware of substantial and unjustifiable risk and consciously disregards that risk

25
Q

What is the NY negligently mental state?

A

D should have known about substantial and unjustifiable risk

26
Q

What is the NY strict liability mental state?

A

No mental state required

27
Q

What is NY mistake of fact?

A

Mistake of fact will be defense if mistake negates required mental state

28
Q

What is NY mistake of law?

A

Not a defense

29
Q

What is actual causation?

A

D is actual cause if bad result would not have happened but for D’s conduct

EXCEPT: accelerating cause IS actual cause

30
Q

What is proximate causation?

A

D is proximate cause if bad result is natural and probable outcome of D’s conduct

EXCEPT: D not proximate cause if unforeseeable event causes bad result

31
Q

What is concurrence?

A

D must have mental state at same time he engages in act

8. Crim Law and Procedure TIER 1 (7 decks)

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