NY BAR REVIEW CRIMINAL LAW AND PROCEDURE 3

Question 1

general crimes

Answer 1

charged when commit certain conduct

Question 2

assault

Answer 2

intentionally , recklessly, or negligently cause INJURY to another person
severity = degree depends on the following:
violent
weapon
serious / significant physical injury
(cut,stab, victim)

Question 3

third degree assault

Answer 3

misdemeanor

no cuts or bruises

Question 4

murder 2nd degree

Answer 4

`

Question 5

degrees of killing depend on

Answer 5

how death occured
mental state of actor
status of victim

Question 6

murder first degree

Answer 6

intention to cause death
cause death
contract killing
baby killing

Question 7

murder 2nd degree

Answer 7

intent to cause death
cause death
without 13 aggravating factors

v. depraved indifference murder

Question 8

manslaughter

Answer 8

recklessly cause death of a person
aware of risk that death might occur
and consciously disregards the risk that death might occur
not utter disregard for human life

Question 9

criminally negligent homicide

Answer 9

don’t perceive the risk death might occur

building a railing by the fire escape

Question 10

transferred intent

Answer 10

in killing - applicable

intended to kill

Question 11

depraved indifference in murder 2nd degree

Answer 11

complete disregard for the life of another
if have small regard, then inapplicable
high speed car chase, if didn’t swerve at all to avoid hitting someone / hitting traffic
the swerving indicates that you dont have a depraved indifference for human life

Question 12

depraved indifference in murder 2nd degree

Answer 12

complete disregard for the life of another
if have small regard, then inapplicable
high speed car chase, if didn’t swerve at all to avoid hitting someone / hitting traffic
the swerving indicates that you don’t have a depraved indifference for human life

Question 13

sex offenses

Answer 13

conduct without consent

Question 14

sex offenses

Answer 14

conduct without consent
age
could/did victim consent
occupation/relationship bw persons

Question 15

MISTAKE OF AGE

Answer 15

NO defense to sex offense

Question 16

burlglary

Answer 16

enter or remain unlawfully w intent to commit a crime

Question 17

burglary degrees

Answer 17

house
apt building
injury occurs

Question 18

larceny

Answer 18

took property and wasn’t supposed to have it

no force

Question 19

robbery

Answer 19

used force to take someones property
threatened to use force to take someones property
used force to keep the property
larceny by force

Question 20

robbery degrees

Answer 20

weapon
violence
injury
how many people involved

Question 21

solication

Answer 21

intent to commit crime and help someone do it

Question 22

consipircay

Answer 22

agree w others to commit a crime and someone takes a step to effectuate
the AGREEMENT is the crime, NOT the actual crime
doesn’t matter if crime actually occurs

Question 23

gang assault

Answer 23

3 people

Question 24

attempt

Answer 24

try to commit crime but don’t actually commit it
render aid to commit crime
come dangerously close to committing that crime
take steps to commit it
think of it, say it out loud - NO
take steps

Question 25

facilitation

Answer 25

aiding someone who intends to commit a crime and rendering aid
believe he intends and give aid to him