Overview Flashcards
What are the essential elements of crimes?
1) Actus reus
2) 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 may a crime 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?
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
2) “Affirmative defenses”: the ∆ 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
How can a the criminal ACT requirement be fulfilled?
Culpable acts can either be…
1) Commissions = VOLUNTARY physical act
* * All VOLUNTARY bodily movements CAN be the basis for criminal liability (e.g. falling asleep because tired)
* * Involuntary acts (not the product of volition) are NOT criminal acts (e.g. being pushed; sleepwalking; reflex; seizure)
2) Omissions = FAILURE to act, provided:
- 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
- KNOWLEDGE of the facts giving rise to the duty
- ACTUAL ABILITY to help
What are the common law criminal mental states?
NOTE: NY Distinction
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
3) General intent = the ∆ need ONLY be generally aware of the factors constituting the crime; he need NOT intend the SPECIFIC result (can be inferred from the act itself)
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 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)
What are the 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 defenses are available ONLY for specific intent crimes?
1) Voluntary intoxication; AND
2) an ANY(reasonable or unreasonable) mistake of fact
What are the common law malice crimes?
1) Murder; AND
2) Arson
What are common law general intent crimes?
1) Battery;
2) Forcible rape;
3) False imprisonment; AND
4) Kidnapping
What are the strict liability crimes?
1) Public welfare offenses: regulatory offenses that implicate PUBLIC HEALTH or SAFETY and typically carry small penalties
- 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
What types of criminal causation are NECESSARY?
You need BOTH:
1) Actual/but for/cause-in-fact causation: if the bad result would not have happened but for the ∆’s conduct
2) Proximate/legal causation: if the bad result is a NATURAL AND PROBABLE consequence of the ∆’s conduct
** Accelerating cause is a but/for cause
** 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 about the others
STEP 2: know 3 typical factors that make a crime MORE or LESS serious
- Weapons ("add a gun, add a degree")
- Quantity (of drugs, money, etc)
- Injury, which comes in 2 levels of seriousness:
- Physical injury = substantial pain
- Serious physical injury = permanent OR life-threatening injury
