NY BAR REVIEW CRIMINAL LAW AND PROCEDURE 3 Flashcards
(25 cards)
general crimes
charged when commit certain conduct
assault
intentionally , recklessly, or negligently cause INJURY to another person
severity = degree depends on the following:
violent
weapon
serious / significant physical injury
(cut,stab, victim)
third degree assault
misdemeanor
no cuts or bruises
murder 2nd degree
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degrees of killing depend on
how death occured
mental state of actor
status of victim
murder first degree
intention to cause death
cause death
contract killing
baby killing
murder 2nd degree
intent to cause death
cause death
without 13 aggravating factors
v. depraved indifference murder
manslaughter
recklessly cause death of a person
aware of risk that death might occur
and consciously disregards the risk that death might occur
not utter disregard for human life
criminally negligent homicide
don’t perceive the risk death might occur
building a railing by the fire escape
transferred intent
in killing - applicable
intended to kill
depraved indifference in murder 2nd degree
complete disregard for the life of another
if have small regard, then inapplicable
high speed car chase, if didn’t swerve at all to avoid hitting someone / hitting traffic
the swerving indicates that you dont have a depraved indifference for human life
depraved indifference in murder 2nd degree
complete disregard for the life of another
if have small regard, then inapplicable
high speed car chase, if didn’t swerve at all to avoid hitting someone / hitting traffic
the swerving indicates that you don’t have a depraved indifference for human life
sex offenses
conduct without consent
sex offenses
conduct without consent
age
could/did victim consent
occupation/relationship bw persons
MISTAKE OF AGE
NO defense to sex offense
burlglary
enter or remain unlawfully w intent to commit a crime
burglary degrees
house
apt building
injury occurs
larceny
took property and wasn’t supposed to have it
no force
robbery
used force to take someones property
threatened to use force to take someones property
used force to keep the property
larceny by force
robbery degrees
weapon
violence
injury
how many people involved
solication
intent to commit crime and help someone do it
consipircay
agree w others to commit a crime and someone takes a step to effectuate
the AGREEMENT is the crime, NOT the actual crime
doesn’t matter if crime actually occurs
gang assault
3 people
attempt
try to commit crime but don’t actually commit it
render aid to commit crime
come dangerously close to committing that crime
take steps to commit it
think of it, say it out loud - NO
take steps
