NY BAR REVIEW 24 Flashcards
1st deg manslaughter
intentionally causing serious bodily harm resulting in death
1st deg manslaughter
extreme emotional disturbance / heat of passion. homicide committed under influence of extreme emotional disturbance reducing murder to 1st deg manslaughter. def must raise and prove affirmative def by showing that def acted under influence of extreme emotional disturbance for which there was reasonable explanation or excuse, reasonableness of which is to be determined from viewpoint of person in def's situation under circumstances as def believed them to be
1st deg manslaughter
unjustifiable abortional act, where person performs abortional act, including drug admin, upon female pregnant for more than 24 weeks and that act causes death of female
2nd deg manslaughter
reckless, abortional act, aid in suicide
reckless / 2nd deg manslaughter
conscious disregard of substl risk causing death of another person. intoxication is NOT a defense.
abortional act / 2nd deg manslaughter
where person commits abortional act upon female which causes her death, unless such act is justifiable by statute
aiding suicide / 2nd deg manslaughter
if def used duress or deception on victime, then qualifies as 2nd deg murder
vehicular assault and vehicular homicide
causes injury or death while driving while intoxicated.
DWI
driving while intoxicated.
driving while impaired by alcohol with blood alcohol concentration of 0.08 or 0.18 for certain crimes, while intoxicated, while impaired by drugs, or drugs and alcohol. refusal to submit to chemical test results in driver’s license suspension. under 21 may NOT drive after drinking any quantity of alcohol
intoxication by court of appeals involves what?
disorientation caused by drinking alcohol only.
drug induced intoxication
cannot be charged under iii above.
driving while impaired by drugs, statute requires what?
drug to appear on schedule of controlled substances. if not, def cannot be charged under iv above. charge of criminally negligent homicide may still be possible
impairment v. intoxication according to ct of appeals?
impairment - person’s physical and mental abilities to properly operate a vehicle have been impaired to any extent by voluntary consumption of alcohol.
intoxication- person is so impaired that is incapable of employing physical and mental abilities to operate a vehicle.
2nd deg vehicular assault
person operates motor vehicle in violation of DWI laws and as result operates motor vehicle in manner that causes serious physical injury to another, guilty of such.
if its established that driver caused serious physical injury while unlawfully intoxicated or impaired by alcohol or drug, rebuttable presumption that what?
person did so as result of being intoxicated or impaired
1st deg vehicular assault
person must have bac of 0.18 or more, know or have reason to know that license was suspended or revoked for dwi offense or refusal to submit to chemical test, suspensions or revocations in other jurisdictions count, had a pervious dwi conviction within past 10 years, convictions in other states count, cause serious physical injury to more than one person, have been previously convicted of vehicular assault or some other sort of vehicular homicide, convictions in other states count, or commits such crime while operating motor vehicle while child whos 15 y of age or younger is a passenger, and child suffers a serious injury. there is a similar rebuttable presumption.
aggravated vehicular assault
must show person drove recklessly. there is a similar rebuttable presumption.
vehicular manslaughter and homicide
death must result.
vehicular manslaughter 1st deg
victim is killed and 1 of six aggravating circumstances exist. similar rebuttable presumptions exist.
can occur when death of more than 1 person is caused.
aggravated vehicular manslaughter
can occur when death of 1 person and serious physical injury of another are caused. 2 deaths, although sufficient to constitute aggravated vehicular homicide if other conditions are met, are not necessarily required.
