Overview of Crim Law Flashcards
Source of NY Criminal Law
New York Penal Code
What are the 4 esstential elements of crimes?
1) The act requirement
2) Mental state (mens rea)
3) Causation
- actual cause
- proximate cause
4) Concurrence Principle
* D must have the required mental state AT THE SAME TIME as he engages in the culpable act)
Where may a crime be prosecuted?
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
What is the burden of proof for the elements of a crime?
In a criminal case, the prosecution must prove EACH element of the crime BEYOND A REASONABLE DOUBT
What is the burden of proof
for defenses in NY?
NY divides its defenses into TWO types:
- 1) “Defenses”: prosecution must DISPROVE BEYOND A REASONABLE DOUBT
- justification
- 2) “Affirmative defenses”: the D must prove by a PERPONDERANCE OF THE EVIDENCE
*
What is the difference between a FELONY and a MISDEMEANOR?
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
Act requirement:
How fulfilled (2 ways)
Culpable acts can either be…
1) Comissions (physical acts that are voluntary movements)
- Physical possession- keeping control over object for long enough to dispose of it
- Involuntary acts are NOT criminal “acts”; they include…
- one that is not the product of volition (e.g. being pushed)
- sleepwalking or
- a reflex or a convulsion (seizure)
- otherwise unconsious conduct
- (NOTE: this is NOT falling asleep b/c tired and then committing an act)
2) Omissions (i.e. a FAILURE to act): 3 reqs are met: ONLY if legal duty to act
-
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
- (e.g. parent-child; spouse-spouse);
-
LEGAL duty to act created by:
- you need KNOWLEDGE of the facts giving rise to the duty
- Ability to help
4 common law criminal mental states?
NOTE: NY Distinction = 5 types
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 w/ RECKLESS DISREGARD of an obvious/known risk that a harm will result
* arson + murder
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
- itnent to cause harm to another object/person
- (not motive alone)
- = battery, forcible rape, false imprisonment, kidnapping
4) Strict liability = when the crime simply requires DOING THE ACT; NO mental state is needed
5 MPC mental states?
MPC: (not go-to on MBE)
- 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 (~ common law)
5 NY mental states?
NY = MPC:
- 1) Intent/Purpose = ∆’s conscious desire to acheive a particular result (i.e. he WANTS to do it)
- 2) Knowledge = the ∆ is A_WARE 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)
What are the 11 specific intent crimes?
- 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
What are the 2 defenses that are available ONLY for specific intent crimes?
- 1) Voluntary intoxication;
- 2) Unreasonable mistake of fact
What are 2 common law malice crimes?
1) Murder
2) Arson
What are 4 common law general intent crimes?
1) Battery;
2) Forcible rape;
3) False imprisonment; AND
4) Kidnapping
What are 2 types of strict liability crimes?
1) Public welfare offenses:
- regulatory offenses that implicate PUBLIC HEALTH or SAFETY and typically carry small penalties E.gs
- transferring unregistered firearms
- selling contaminated food
- shipping adulterated drugs in interstate commerce
2) Statutory rape:
* having sex w/ someone who is UNDER the age of consent
+ NY: 3) controlled substance sale: knowledge of weight
- just need knowledge that it is controlled substance
