NY BAR REVIEW CRIMINAL LAW AND PROCEDURE 2 Flashcards
intoxication
NOT full defense - ny
offered to negate element for crime charged with
negate knowledge
negate intent
extreme intoxication
NO idea what was doing - knowledge or NO awareness or NO intent
picked up wrong wallet upon entry to store
FULL DEFENSE
beyond reasonable doubt
elements
defenses
justification
ordinary defense
most commonly used in normal street encounters
if facts don’t make out a legitimate justification defense, judge will not instruct that jury should consider such defense
evidence needs to reasonably and objectively make that out
justification definition
ny allows defendant to place evidence of defendants knowledge of reasonable information or evidence of victim’s prior violent behavior to show justification
justification to shoot first
conduct that’s ordinarily criminal,but the law allows you to do it while performing official duties
police officer
arrested resisting arrest v. police officer assault
avoiding imminent or probable harm due to public or serious emergency
alibi
defense raise by defendant before trial no proof by defendant must be disproved by prosecutor MUST give NOTICE to prosecutor you were someplace else
entrapment
undercover work
reverse stings
to arrest people, to prevent possible future criminal conduct
AFFIRMATIVE DEFENSE
must prove by preponderance of evidence that was forced person to commit bc of law enforcement, not merely giving defendant OPPORTUNITY
MUST show that didn’t have predisposition to commit that particular crime
law enforcement induced or forced
open purse at Macy’s - criminal would take it, normal person wouldn’t , OPPORTUNITY only
entrapment
EGREGIOUS behavior by law enforcement which removes due process
pushing, inducing
renunciation
WITHDRAW from crime AND make a SUBSTANTIAL step to PREVENT it from happening
