Preliminary Matters (Jurisdiction, BoP, Classification) Flashcards
1
Q
Jurisdiction:
A crime may be prosecuted in any state where . . .
A
an ACT that was part of the crime took place OR the RESULT of the crime took place
2
Q
BOP re: Elements of the crime
A
PROSECUTION must prove each element of the crime BEYOND A REASONABLE DOUBT
3
Q
NY Divides its defenses into two types, what are they?
A
- “Defenses”
- “Affirmative Defenses”
4
Q
BOP re: Defenses in NY
A
“defenses”- PROSECUTION must disprove BEYOND A REASONABLE DOUBT
“Affirmative Defenses”- DEFENDANT must PROVE by a PREPONDERANCE of the evidence
5
Q
Felony
A
A crime that may be punished by death or imprisonment for MORE than 1 year
6
Q
Misdemeanor
A
A crime punishable by a fine and/or imprisonment for NO MORE than one year
