Overview of Crim Law

Question 1

What are the 4 esstential elements of crimes?

Answer 1

1) 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

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

1) “Defenses”: DISPROVE BEYOND A REASONABLE DOUBT

2) “Affirmative defenses”: PREPONDERANCE 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

1) Commissions (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… one that is not the product of volition (e.g. being pushed) sleepwalking or otherwise unconsious conduct (NOTE: this is NOT falling asleep b/c tired and then committing an act) 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: ACTUAL ABILITY to help

Question 7

What are the 4 common law criminal mental states?

NOTE: NY Distinction = 5 types

Answer 7

1) Specific intent = when a crime requires not just the desire to ACT, but the desire to achieve a SPECIFIC result
2) Malice = when a ∆ acts w/ RECKLESS DISREGARD of an obvious/known risk that a harm will result
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

NY DISTINCTION (MPC):

1) Intent/Purpose = ∆’s conscious desire to achieve 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 (~ common law)

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
Examples(italicized/bolded elements are SL) (i) transferring unregistered firearms (ii) selling contaminated food (iii) shipping adulterated drugs in interstate commerce

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

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 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 UNFORESEEABLE intervening event causes the bad result

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

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

NOTE: Arisse 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
(i) Weapons (“add a gun, add a degree”)
(ii) Injury, which comes in 2 levels of seriousness: Physical injury = subtl. pain
Serious physical injury = permanent OR life-threatening injury
(iii) Quantity (of drugs, money, etc)