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8. Crim Law and Procedure TIER 1 > Criminal law: Specific Crimes > Flashcards

Criminal law: Specific Crimes Flashcards

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1
Q

What is common law battery?

A
  1. Unlawful
  2. Application of force to another
  3. Resulting in either
    (a) bodily injury; or
    (b) offensive touching

Mental state: general intent

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2
Q

What is common law assault?

A

Attempted battery OR

  1. Intentional creation
  2. Other than by mere words
  3. Of reasonable apprehension in mind of victim
  4. Of imminent bodily harm

Mental state: specific intent

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3
Q

What is aggravated assault and battery?

A

Assault and/or battery more serious if:

  1. Weapon is used; or
  2. Victim is child; or
  3. Intent is to commit robbery or rape
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4
Q

What is New York assault and how is it different to common law assault?

A
  1. Intentionally
  2. Causing physical injury
  3. To another person

You are causing the injury, not just creating a mere apprehension.

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5
Q

What are 3 factors in NY crimes?

A
  1. Weapon
  2. Injuries
    (a) physical injury (substantial pain)
    (b) serious physical injury (permanent, life-threatening)
  3. Quantity (money, drugs, etc.)
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6
Q

When must death in homicide occur?

A

CL: death must occur within a year and one day of the homicidal act

NY/Majority: any time

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7
Q

What is common law murder?

A
  1. Causing death
  2. Of another person
  3. With malice aforethought
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8
Q

What is malice aforethought?

A

Means either:

  1. Intent to kill
  2. Intent to inflict great bodily harm
  3. Extreme recklessness
  4. Felony murder
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9
Q

What is the common law deadly weapon rule?

A

Intentional use of deadly weapon creates inference of intent to kill

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10
Q

What is common law transferred intent?

A

If D intends to harm one victim but accidentally harms a different victim instead, D’s intent transfers from intended to actual victim

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11
Q

What is common law first degree murder?

A
  1. Intentional: Any killing committed with (a) premeditation and (b) deliberation
  2. Felony murder: killing committed during particular enumerated felony
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12
Q

What is common law second degree murdeR?

A

All murders not first degree

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13
Q

What is common law voluntary manslaughter?

A
  1. Intentional killing
  2. Committed in the heat of passion
  3. After adequate provocation
    (a) Provocation that would arouse sudden & intense passion in mind of ordinary person AND
    (b) D did not have time to cool off
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14
Q

What are two examples of provocation?

A

Serious assault and battery
Finding spouse cheating
NOT WORDS ALONE

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15
Q

What is common law involuntary manslaughter?

A

1`. Killing committed with criminal negligence

2. Killing committed during a crime if not felony murder

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16
Q

What are the limitations on felony murdeR?

A
  1. D must be guilty of underlying felony
  2. Felony must be inherently dangerous
  3. Felony must be separate from killing itself
  4. Killing must be during or immediate flight from felony
  5. Killing must be in furtherance of felony
  6. Death must be foreseeable
  7. Victim must not be a co-felon
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17
Q

What is vicarious liability for felony murder?

A

If one co-felon causes death, all other co-felons guilty of felony murder

True even if killing committed by third-party if one felon is proximate cause of death

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18
Q

What is NY first degree murder?

A

Mental state: intent to kill (18 years or older)
One aggravating factor:
1. Victim is cop
2. Witness intimidation
3. Murder for hire
4. 2+ victims
5. Intentionally killed during serious felony

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19
Q

What is NY second degree murder? (there are 3 forms)

A
  1. Intent to kill
  2. Extreme recklessness
    (a) Utter disregard for human life
    (b) Act must put 2+ persons in danger
    (c) 1-on-1 killings only if brutal torture or abandoning helpless victim
  3. Felony murder
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20
Q

What are the underlying felonies for NY felony murdeR?

A

BRAKES

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

Need not be convicted of underlying felony

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21
Q

What is NY felony murder non-slayer defense?

A

Affirmative defense if prove all four:

  1. D did not do killing
  2. D did not have deadly weapon
  3. D had no reason to believe co-felons had deadly weapon
  4. D had no reason to believe co-felons intended to do anything likely to result in death
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22
Q

What are the two types of NY first degree manslaughter?

A
  1. Intent to cause serious physical injury
  2. Intentional killing committed under influence of reasonable extreme emotional disturbance

EED is an affirmative defense to second degree murder

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23
Q

What is NY second degree manslaughter?

A

Mental state: recklessness

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

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24
Q

What is NY criminally negligent homicide?

A

Mental state: negligence

D should have known of substantial and unjustifiable risk of death

25
Q

What is NY aggravated homicide?

A

Victim of homicide is police officer killed in line of duty

26
Q

What is vehicular homicide?

A

Death caused by drunk driving

DWI: BAC > 0.08%

Vehicular Man-2: Death + DWI

Vehicular Man-1: VMAN-2 + aggravating factor

(a) BAC > 0.18%; or
(b) Prior DWI conviction

27
Q

What is common law false imprisonment?

A
  1. Unlawful
  2. Confinement of a person
  3. Without that person’s consent
28
Q

What is common law kidnapping?

A

Mental state: general intent

  1. False imprisonment
  2. Involving either moving or concealing victim
29
Q

What is common law aggravated kidnapping?

A
  1. Purpose to collect ransom
  2. Purpose to commit robbery or rape
  3. Victim is child
30
Q

What is NY unlawful imprisonment?

A

2d degree:

  1. Unlawfully
  2. Restraining someone
  3. Without their consent
  4. With knowledge that restriction is unlawful

1st degree:

  1. 2d degree
  2. Risk of serious physical injury
31
Q

What is NY kidnapping?

A

2d degree:
1. Abducting someone

1st degree:

  1. 2d degree
  2. Either
    (a) ransom demand
    (b) restraint of victim for >12 hours with intent to rape or injure or rob
    (c) death of victim
32
Q

What is common law forcible rape?

A

Mental state: general intent

  1. Sex
  2. Without victim’s consent
  3. Accomplished by
    (a) force
    (b) threat of force
    (c) when victim unconscious
33
Q

What is common law statutory rape?

A
  1. Sex
  2. With someone under age of consent

Mental state
Majority: strict liability
MPC: reasonable mistake of age is defense
NY: age of consent is 17

34
Q

What is common law larceny?

A
  1. Trespassory (wrongful/without permission)
  2. Taking and carrying away (moved)
  3. Of personal property of another (possession)
  4. With intent to steal (permanent)
35
Q

What is the erroneous takings rule?

A

Taking under a claim of right is never larceny

36
Q

What is continuing trespass?

A

If D wrongfully takes property, but without intent to steal: no larceny

BUT, if D later forms intent to steal, initial trespassory taking “continued” and guilty of larceny

37
Q

What is common law embezzlement?

A
  1. Conversion
  2. Of property of another
  3. By person already in lawful possession of that property (possession is more than custody)
  4. With intent to defraud
38
Q

What is common law false pretenses?

A
  1. Obtaining title (not possession as in larceny)
  2. To personal property of another
  3. By intentional false statement (not future promise)
  4. With intent to defraud
39
Q

What is common law robbery?

A

Mental state: specific intent to steal

  1. Larceny
  2. From another’s person or presence
  3. By force or threat of immediate injury

Force: sufficient to overcome resistance

40
Q

What is NY larceny?

A

Larceny, embezzlement, false pretenses, larceny by trick at CL is larceny in NY

1st: >$1 million
2d: >$500,000
3d: >$3000
4th: >$1000

41
Q

What is NY robbery?

A

3d:
1. Forcible stealing

2d:

  1. Forcible stealing
  2. Plus one
    (a) D aided by another actually present
    (b) Victim injured
    (c) Car stolen

1st:

  1. Forcible stealing
  2. Plus one
    (a) Victim seriously injured
    (b) D uses or displays firearm

Affirmative defense: D proves gun unloaded or inoperable, crime reduced to 2d

42
Q

What is common law burglary?

A
  1. Breaking
  2. And entering
  3. The dwelling
  4. Of another
  5. At night
  6. With intent to commit felony inside
43
Q

What is NY burglary?

A

3d:

  1. Entering or remaining
  2. Unlawfully
  3. In a building
  4. With intent to commit crime inside

2d:

  1. 3d degree
  2. Plus
    (a) building is dwelling
    (b) non-participant injured
    (c) D carries weapon

1st:

  1. D knows burglarizing dwelling
  2. Plus
    (a) non-participant injured
    (b) D carries weapon
44
Q

What is common law arson?

A

Malicious burning (material wasting) of a building

45
Q

What is NY arson?

A

4th: Reckless burning of a building
3d: Intentional burning of a building
2d: 3d when D knows or should have known someone was inside
1st: 2d plus explosive device

46
Q

What is accomplice liability?

A
  1. Aiding or encouraging the principal
  2. With intent that crime be committed

NY: sufficient if accomplice specifically intends to aid principal’s conduct, not crime be committed

47
Q

What is the scope of accomplice liability?

A

Guilty of all crimes aided or encouraged AND all other foreseeable crimes committed with aided crime

Accomplice guilty whether or not principal is prosecuted

48
Q

What is common law accessory?

A
  1. Assist principal who committed felony
  2. With knowledge that crime committed
  3. With intent to help principal avoid arrest or conviction
49
Q

What is solicitation?

A

Asking someone to commit a crime, with intent that crime be committed

Crime is in the asking (not agreeing or completion)

50
Q

What is conspiracy?

A

Agreement between 2+ people to commit a crime, plus an overt act in furtherance of the crime

51
Q

Can you have one person conspiracy?

A

CL: No, must be at least 2 guilty minds (not one plus cop); if all other parties acquitted, last D cannot be convicted

NY: Yes, unilateral approach allows conviction even if other parties acquitted or pretended to agree

52
Q

How does vicarious liability fit into conspiracy?

A

CL: D liable for other crimes committed by co-conspirator as long as (a) in furtherance of conspiracy’s objective AND (b) foreseeable

NY: no vicarious liability for crimes committed by co-conspirators

53
Q

What is common law attempt?

A

Conduct that is substantial step towards the crime and strongly corroborative of criminal purpose

Mental state: specific intent to commit the crime

Cannot attempt unintentional (reckless, negligent, felony murder) crimes

54
Q

What is New York attempt?

A

Conduct that gets dangerously close to commission of the crime

Mental state: specific intent to commit the crime

Cannot attempt unintentional (reckless, negligent, felony murder) crimes

55
Q

What about factual impossibility and attempt?

A

Claim that it was impossible to complete the crime because of some circumstance beyond D’s control

NOT defense to attempt

56
Q

What about legal impossibility and attempt?

A

Claim that it was impossible to complete the crime because what D was trying to do was not illegal

YES defense to attempt

57
Q

What about common law withdrawal/renunciation/abandonment?

A

Withdrawal not a defense

Once withdrawn, D no longer vicariously liable for crimes committed by co-conspirators afterwards

58
Q

What about NY withdrawal/renunciation/abandonment?

A

IS a defense IF (a) D voluntarily and completely renounces the solicitation, conspiracy, or attempt AND (b) renunciation based on change of heart, not fear of failing/getting caught

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

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