NY BAR REVIEW criminal law and procedure 2019 Flashcards
CRIMINAL PROCEDURE LAW divides NY courts into 2 categories:
superior cts, which include sup ct and county ct.
local cts, which include cts, town cts, district cts, NYC criminal ct.
violations and misdemeanors generally tried where?
local criminal cts
felonies are tried where?
county ct or sup ct
felony may be initiated by filing of information or complaint where?
in local criminal ct
in order to try a def for a felony, MUST ultimately be prosecuted by what?
indictment, filed by GRAND JURY or def’s consent to waive indictment and proceed by superior ct information
SUP CT
court of general jurisdiction.
can exercise jurisdiction over all criminal proceedings.
exercises criminal jurisdiction over felonies in NYC.
county court
exist only in 2nd judicial dept outside nyc and long island and in 3rd and 4th judicial dept.
have jurisdiction over all criminal matters, but hear primarily felonies.
NYC CRIMINAL CT
criminal jurisdiction within city of ny over misdemeanors and violations
UNIFORM COURT ACTS
district, city , town, and village cts
district cts
only in nassau and suffolk counties, located in 2nd judicial dept, and city / town / village cts, have jurisdiction over misdemeanors and violations
culpable metnal states in which law?
PENAL LAW
def MUST act intentionally, knowingly, recklessly, or with criminal neg in order to be held ______ for a crime?
criminally liable
person acts intentionally w respect to what?
result or conduct when his conscious objective is to cause such result or engage in such conduct
knowingly requires that a person be what?
aware that his conduct is of thenature described by theoffense or that a circumstance described by the offense exists
person acts recklessly w respect to a result when he is aware of and consciously disregards what?
a substl and unjustifiable risk that such result will occur
criminal neg requires that a person what?
fail to perceive a substl and unjustifiable risk that a certain result will occur
person generally NOT relieved of criminal liab for conduct bc he engages in such conduct under mistaken belief of fact unless what?
factual mistake negates culpable mental state required for commission of offense or statute defining offense expressly provides that factual mistake constitutes a defense
person is generally NOT relieved of criminal liability for conduct bc he engages in conduct under mistaken belief that it does NOT constitute an offense, unless the mistaken belief is what?
based upon an official sttmt of the law
in any prosecution for an offense, it is an affirmative defense that when the def engaged in the proscribed conduct, he lacked criminal responsibility by reason of what?
mental disease or defect.
PENAL LAW
lack criminal responsibility by reason of mental disease or defect means that at time of conduct, as a result of mental disease or defect, he lacked what?
substl capacity to know or appreciate nature and consequences of conduct OR that such conduct was wrong.
lacking a substl capacity to know or appreciate is designed to permit def possessed of mere what?
surface knowledge or cognition to be excused and to require that he have some understanding of the legal and moral import of conduct involved if he is to be held criminally responsible.
affirmative defense to murder in first and second degree that defendant acted under influence of what?
extreme emotional disturbance for which there was a reasonable explanation or excuse
extreme emotional disturbance reduces degree of criminal culpability for acts taht would otherwise constitute what?
murder.
extreme emotional disturbance is NOT defense to which crime?
manslaughter, or any other crime
the defense of extreme emotional disturbance, if successful, does NOT result in acquittal, but does what?
reduces charge to manslaughter in 1st deg
PENAL LAW
extreme emotional disturbance must be supported by proof that def suffered from what?
mental infirmity NOT rising to level of insanity at time of homicide, typically manifested by loss of self control
extreme emotional disturbance requires evidence of what?
subjective element that def acted under extreme emotional disturbance, and an objective element, that there was a reasonable explanation or excuse for the emotional disturbance
intoxication is NOT a full defense to what?
a criminal charge.
in any prosecution for an offense, evidence of intoxication of the def may be offered by the def whenever it is relevant to do what?
negate the elemetn of crime charged
voluntary intoxication may NOT negate what type of culpable mental state?
reckless
there is a fundamental distinction bw an ordinary defense and an affirmative defense
the people have the burden of disproving an ordinary defense beyond a reasonable doubt.
ordinary defense
evidence of the defense, which if credited, is sufficient to raise a reasonable doubt.
affirmative defense
def has the more demanding burden of establishing such a def by a preponderance of the evidence
alibi
NOT an affirmative or exculpatory defense which def has burden of proving.
evidence that will require an acquittal if when all evidence is considered, a reasonable doubt is raised as to def’s guilt
in order to avoid confusion and ensure that the jury understands that the people MUST always meet their burden of proving that the accused actually committed the crime, an alibi is treated for practical purposes same as what?
statutory defense, even though its not so defined in PENAL LAW.
people have burden of disproving an alibi beyond a reasonable doubt.
in any prosecution for an offense, it is an affirmative defense that the def engaged in the proscribed conduct bc he was what?
induced or encouraged to do so by a public servant.
inducement or encouragement requires active what?
inducement or encouragement
conduct merely affording a person an opportunity to commit an offense does NOT constitute what?
entrapment
although an entrapment defense may fail bc of a def’s predisposition to commit the offense, if the govt’s conduct was so egregious and deprivative as to constitute a violation of the due process clause of the NYS CONSTITUTION, def would be entitled to what?
dismissal of the charges
in any prosecution for an offense, justification is what?
a defense
conduct that would otherwise constitute an offense is justifiable when the conduct is what?
authorized by law or is necessary as an emergency measure to avoid imminent injury
an actor may use physical force ag another person if what?
the actor reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by such other person
he may not do so if he provoked the other person’s conduct w intent to cause him what?
physical injury or if he was the initial aggressor and has not effectively withdrawn from the encounter
an actor may NOT use deadly physical force unless he reasonably believes that what?
the other person is using or about to use deadly physical force and he cannot retreat w complete safety
there is NO duty to retreat if the actor is what?
in his own home and was NOT the initial aggressor
PENAL LAW
in determining whether a def acted reasonably in perceiving and defending ag impending harm, the def is permitted introduce evidence of what?
victim’s prior acts of violence only if such were known to def at time of incident!
in prosecution for an offense, other than an attempt to commit a crime, in which def’s guilt depends upon his criminal liab for conduct of another, it is an affirmative def that what?
the def withdrew from participation in such offense prior to commission of offense and made a substl effort to prevent commission of crime
what is assault
specific intent to cause physical injury and causing of such injury
degrees of assault depend on what?
such factors as whether physical or serious physical injury was caused, whether deadly weapon or dangerous instrument was used, status of victim - police, public servant, children, senior citizens, and actor’s mental culpability.
assault crimes can involve what types of actions?
intentional, reckless, criminally negligent
new assault crimes to the PENAL LAW
vehicular assault.
gang assault.
stalking.
what is homicide?
conduct causing death of person under circumstances constituting murder, manslaughter, criminally neglig homicide.
PENAL LAW
degrees of homicide depend on what?
how death was caused.
who the victim was.
mental state of the actor.
criminal responsibility for homicide
def’s actions MUST be sufficiently direct cause of ensuing death
intentional murder in 1st deg.
intentional murder in 2nd deg.
with intent to cause death of another person, caused death of such person or of third person
the intent for intentional murder requires what?
conscious objective / purpose to cause particular result, or engage in particular conduct
PENAL LAW
person acts w intent to cause death of another when that person’s conscious objective / purpose is to what?
cause death of another
PENAL LAW
person guilty of murder if he killed another person how?
MODEL PENAL CODE
knowingly, awareness that is practically certain that conduct will cause death
in addition to requiring intentional killing, 1st deg murder statute requires what?
that def’s conduct include one of numerous separate aggravating factors listed in statute, many of which involve status of victim - police officer, peace officer, correctional facility employee, persons who respond to emergencies, as part of their official duties, witnesses to crime and their immediate family members, judges, officers of the court.
PENAL LAW
rule of transferred intent is incorporated in what?
in each of intentional homicide crimes
where resulting death is of 3rd person who wasn’t def’s intended victim, def may nonetheless be held to same level of what?
criminal liab as if intended victim were killed
