NY BAR REVIEW CRIMINAL LAW AND PROCEDURE 1

Question 1

mental culpability

Answer 1

thoughts of actor during their conduct
word, action, probable consequence of conduct
whether or not committing crime

Question 2

intent

Answer 2

what is their intent during their conduct

Question 3

omission

Answer 3

what actor does not do if required by law to do. will be criminally charged

Question 4

intentionally

Answer 4

intends to do
ny - premeditation NOT required
no time requirement, 30 mins, 1 day before
right before does it can also be guilty of conduct, can happen at very moment that conduct occurs
then found liable

Question 5

knowingly

Answer 5

how it happened
words
conduct

Question 6

burglary

trespassing

Answer 6

break window to enter
inferred - knowingly, or was aware , that wasn’t supposed to go into that building
didn’t walk through door
didn’t have a key

Question 7

recklessly

Answer 7

aware of and
consciously disregards a
substantial and unjustifiable risk that would occur
then hold mentally culpable for this conduct

Question 8

negligent

Answer 8

fail to perceive a substantial and unjustifiable risk that would occur
result involves criminal

Question 9

mistake of fact

Answer 9

use for defenses
removes element of intent required for commission of crime
reasonably and honestly thought it was yours

Question 10

mistake of law

Answer 10

very rarely used
very rarely successful
still guilty 
UNLESS law says 
actor must try to learn the law, receive books/training, and relied on validity of law he tried to learn, and theres a mistake in that particular law - ONLY THEN will be a DEFENSE

Question 11

confidential informat

Answer 11

buy drugs, stolen goods, firearm, and bring back to law enforcement - not a crime, was told to do so by judge or law enforcement

Question 12

Defenses to mental culpability

Answer 12

no intent or awareness, automatically NOT GUILTY

Question 13

Affirmative defense

Answer 13

must prove by PREPONDERANCE OF EVIDENCE

Question 14

Prosecutors burden

Answer 14

prove guilt beyond reasonable doubt

Question 15

mental disease or defect

Answer 15

affirmative defense
defendant MUST prove
must put a notice in time to court, if not, cannot use

Question 16

mental disease or defect

Answer 16

affirmative defense
defendant MUST prove
must put a NOTICE in time to court, if not, cannot use

Question 17

insanity = mental disease or defect

Answer 17

COMPLETE DEFENSE
in head told to do
no idea why did
allege and prove:
at TIME OF OFFENSE / OCCURRENCE
(NOT LATER, MONTHS BEFORE, ETC.), did what did because
lacked mental capacity to know or appreciate nature or consequences of conduct or know conduct is wrong

Question 18

society doesn’t want to prosecute

Answer 18

have some understanding of legal and moral importance of committing a crime

Question 19

extreme emotional disturbance

Answer 19

understand what they’re doing, enough for us to want to prosecute them for manslaughter, not murder
defendant has to prove
(by prosecutor’s evidence being in- we get to use it, NO notice needed)
ONLY APPLIES TO MURDER- REDUCES IT MANSLAUGHTER
this is NOT a complete defense
MUST provide NOTICE before trial to judge / prosecutor in timely fashion, or wont be allowed to use this defense

Question 20

lose control and kill someone

Answer 20

nys doesn’t want to prosecute def that didn’t have mental fortitude to understand what committed