Jurisdiction and Gen Matters

Question 1

Crime may be prosecuted in the state where (two things)

Answer 1

1. Where an act that was part of the crime took place or

2. Where the result took place.

Question 2

In a criminal case, the prosecution must prove each element of the crime (to what degree)?

Answer 2

Beyond a reasonable doubt.

Question 3

What is the difference in felonies and misdemeanors?

Answer 3

Felonies are generally punishable by death or imprisonment for more than one year. Other crimes are misdemeanors (under a year in prison or a fine).

Question 4

Due process requires that a criminal statute not be too vague. That requires two elements

Answer 4

1. Fair warning (person of ordinary intelligence knows the prohibition)
2. No arbitrary and discriminatory enforcement

Question 5

In New York there are 2 types of defenses. “Defenses” and “affirmative defenses”. Who has the burden of proof for each? And what is the burden of proof for each?

Answer 5

1. The prosecution must disprove “defenses” beyond a reasonable doubt
2. The defendant must prove “affirmative defenses” by a preponderance of the evidence.