Overview of Crim Law

Question 1

What are the 4 esstential elements of crimes?

Answer 1

1) The act requirement
2) Mental state (mens rea)
3) Causation
4) Concurrence Principle (i.e. the ∆ must have the required mental state AT THE SAME TIME as he engages in the culpable act)

Question 2

Where may a crime be prosecuted?

Answer 2

A crime may be prosecuted in any state where: (i) an ACT that was part of the crime took place; OR (ii) the RESULT took place

Question 3

What is the burden of proof for the elements of a crime?

Answer 3

In a criminal case, the prosecution must prove EACH element of the crime BEYOND A REASONABLE DOUBT

Question 4

What is the burden of proof for defenses in NY?

Answer 4

NY divides its defenses into TWO types:

1) “Defenses”: prosecution must DISPROVE BEYOND A REASONABLE DOUBT
2) “Affirmative defenses”: the ∆ must prove by a PERPONDERANCE OF THE EVIDENCE

Question 5

What is the difference between a FELONY and a MISDEMEANOR?

Answer 5

Felony = a crime that may be punished by DEATH; OR imprisonment for more than 1 YR

Misdemeanor = a crime that may be punishable by a FINE; AND/OR imprisonment for ≤ 1 YR

Question 6

What are the 2 ways to fulfill the criminal ACT requirement?

Answer 6

Culpable acts can either be…

1) Comissions (i.e. VOLUNTARY physical act) All VOLUNTARY bodily movements are physical acts that CAN be the basis for criminal liability
Involuntary acts are NOT criminal “acts”; they include… (i) one that is not the product of volition (e.g. being pushed), (ii) sleepwalking or otherwise unconsious conduct (NOTE: this is NOT falling asleep b/c tired and then committing an act), (iii) a reflex or a convulsion (seizure)

2) Omissions (i.e. a FAILURE to act): can be a basis provided these 3 reqs are met: FIRST: There is a LEGAL duty to act created by: (i) statute; (ii) contract; (iii) status relationship (e.g. parent-child; spouse-spouse); (iv) voluntary assumption of care; (v) creation of the peril SECOND: you need KNOWLEDGE of the facts giving rise to the duty
THIRD: you need the ACTUAL ABILITY to help

Question 7

What are the 4 common law criminal mental states?

Answer 7

1) Specific intent = when a crime requires not just the desire to ACT, but the desire to achieve a SPECFIC result
2) Malice = when a ∆ acts intentionally or w/ RECKLESS DISREGARD of an obvious/known risk
3) General intent = the ∆ need ONLY be generally AWARE of the factors constituting the crime; he need NOT intend the SPECIFIC result NOTE: Can be inferred simply by DOING the act
4) Strict liability = when the crime simply requires DOING THE ACT; NO mental state is needed

Question 8

What are the 11 specific intent crimes?

Answer 8

Crimes against the person

1) Assault
2) First degree premeditated murder (statutory crime)

Property crimes

3) Larceny
4) Embezzlement
5) Robbery
6) Forgery
7) False pretenses
8) Burglary

Inchoate crimes

9) Solicitation
10) Conspiracy
11) Attempt

Question 9

What are the 2 defenses that are available ONLY for specific intent crimes?

Answer 9

1) Voluntary intoxication; AND 2) ANY(reasonable or unreasonable) mistake of fact

Question 10

What are 2 common law malice crimes?

Answer 10

1) Murder; AND 2) Arson

Question 11

What are 4common law general intent crimes?

Answer 11

1) Battery; 2) Forcible rape;3) False imprisonment; AND 4) Kidnapping

Question 12

What are 2 types of strict liability crimes?

Answer 12

1) Public welfare offenses: regulatory offenses that implicate PUBLIC HEALTH or SAFETY and typically carry small penalties (e.g. transferring unregistered firearms, selling contaminated food, shipping adulterated drugs in interstate comers)
2) Statutory rape: having sex w/ someone who is UNDER the age of consent

Question 13

What are 2 types of NECESSARY criminal causation?

Answer 13

You need BOTH:

1) Actual/”but for” causation: a ∆ is an actual cause (the “cause-in-fact”) IF the bad result would NOT have happened BUT FOR the ∆’s conduct
EXCEPTION: an “accelerating cause” (shooting already fatally injured person in the head) IS a but/for cause

2) Proximate/legal causation: a ∆ is a proximate cause IF the bad result is a NATURAL AND PROBABLE consequence of the ∆’s conduct Intervening causes: ∆ will NOT be a proximate cause if an UNFORESEABLE intervening event causes the bad result (note: negligent medical care and refusing treatment bc of religion foreseeable)

Eggshell victims: ∆ WILL be considered a proximate cause EVEN IF the victim’s pre-existing weakness contributed to the bad result

Question 14

What is the Concurrence Principle?

Answer 14

Rule = the ∆ must have the required MENTAL STATE at the same time as he engages in the CULPABLE ACT

NOTE: Concurrence issues arise MOST frequently with two crimes: (i) larceny; AND (ii) burglary

Question 15

How should you treat degrees of crimes in NY?

Answer 15

STEP 1: memorize ONE degree and make an educated guess abt the others

STEP 2: know 3 typical factors that make a crime MORE or LESS serious
1) Weapons (“add a gun, add a degree”)
2) Injury, which comes in 2 levels of seriousness:
Physical injury = subtl. pain Serious physical injury = permanent OR life-threatening injury
3) Quantity (of drugs, money, etc)

Question 16

What are the three inchoate offenses?

Answer 16

Solicitation, Attempt & Conspiracy

Question 17

What are the 8 defenses?

Answer 17

Insanity, Voluntary Intoxication, Infancy, Mistake, Self Defense, Necessity, Duress and Entrapment

Question 18

What are the 5 NY (MPC) mental states? (NY Distinction)

Answer 18

1) Intent/Purpose = ∆’s conscious desire to acheive a particular result (i.e. he WANTS to do it)
2) Knowledge = the ∆ is AWARE of what he’s doing AND that it’s practically certain that the conduct will cause a specific result
3) Recklessness = the ∆ is AWARE of a substantial and unjustifiable risk AND consciously disregards that risk
4) Negligence = when a ∆ should have been aware of a substantial and unjustifiable risk
5) Strict liability = no mental state required