Overview of Crim Law Flashcards
ESSENTIAL ELEMENTS OF CRIMES
What are the 4 esstential elements of crimes?
The 4 Essential Elements of a Crime Are:
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)
WHERE TO BRING PROSECUTION FOR CRIMES
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
BURDEN OF PROOF (PROSECUTION)
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
BURDEN OF PROOF (DEFENSE)
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
2) “Affirmative defenses”: the ∆ must prove by a PERPONDERANCE OF THE EVIDENCE
FELONY versus MISDEMEANOR
What is the difference between a FELONY and a MISDEMEANOR?
FELONY:
(i) a crime that may be punished by DEATH; OR
(ii) imprisonment for more than 1 YR
MISDEMEANOR:
(i) a crime that may be punishable by a FINE; AND/OR
(ii) imprisonment for ≤ 1 YR
ACT REQUIREMENT
What are the 2 ways to fulfill the criminal ACT requirement?
Culpable acts can either be…
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… (i) one that is not the product of volition (e.g. being pushed);
(ii) sleepwalking or otherwise unconscious conduct (NOTE: this is NOT falling asleep b/c tired and then committing an act); OR
(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 (Most common on BAR EXAM = parent to child; spouse to spouse)
(iv) voluntary assumption of care; OR
(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
MENTAL STATES
What are the 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 SPECIFIC 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
NOTE: (Important) 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 MENS REA IS REQUIRED
—————- NY DISTINCTION —————-
NY FOLLOWS MPC MENTAL STATES:
1) INTENT / PURPOSE = Satisfied when it is ∆’s CONSCIOUS DESIRE to achieve a particular result
2) KNOWLEDGE = Satisfied when:
(i) the ∆ is AWARE of what he’s doing; AND
(ii) the ∆ is AWARE that it’s PRACTICALLY CERTAIN that the conduct will cause a specific result
3) RECKLESSNESS = Satisfied when:
(i) the ∆ is AWARE of a SUBSTANTIAL and UNJUSTIFIABLE RISK; AND
(ii) the ∆ CONSCIOUSLY DISREGARDS that risk
4) NEGLIGENCE = Satisfied when a ∆ should have been aware of a SUBSTANTIAL and UNJUSTIFIABLE risk
→ NOTE: Reckless vs. Negligence → Difference btwn the two is awareness
5) Strict liability = no mental state required (~common law)
SPECIFIC INTENT CRIMES
What are the 11 specific intent crimes?
CRIMES AGAINST THE PERSON (2)
1) Assault
2) First degree premeditated murder (statutory crime)
PROPERTY CRIMES (6)
3) Larceny
4) Embezzlement
5) Robbery
6) Forgery
7) False pretenses
8) Burglary
INCHOATE CRIMES (Incomplete Offenses) (3)
9) Solicitation
10) Conspiracy
11) Attempt
What are the 2 defenses that are available ONLY for specific intent crimes?
1) Voluntary intoxication; AND
2) an ANY(reasonable or unreasonable) mistake of fact
What are 2 common law malice crimes?
1) Murder; AND
2) Arson
What are 4common 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(capitalized elements are SL) a. transferring UNREGISTERED firearms
b. selling CONTAMINATED food
c. shipping ADULTERATED drugs in interstate commerce
2) STATUTORY RAPE: having sex w/ someone who is UNDER the age of consent
CAUSATION
What are 2 types of NECESSARY criminal causation?
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” IS a but/for cause (e.g. Alex stabs Victor who would have died in 5 minutes but then Dudley comes and shoots Victor killing him Instantly → Dudley’s accelerating conduct caused Victor’s deaths)
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
EGGSHELL VICTIMS: ∆ WILL be considered a proximate cause EVEN IF the victim’s pre-existing weakness contributed to the bad result
What is the Concurrence Principle?
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
How should you treat degrees of crimes in NY?
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)
