PL- Session 1- Terms, Defenses, CMS Flashcards
What is an offense?
Conduct for which a sentence to a term of imprisonment AND/OR to a fine is provided by ANY law, ordinance, etc., authorized by law.
What are the penalties imposed for:
* violations
* misdemeanors
* felonies
- Violation- Non traffic offense with a penalty for which imprisonment NOT in excess of 15 days may be imposed.
- Misdemeanor- Non traffic offense with a penalty for which imprisonment of more than 15 days but less than 1 year may be imposed
- Felony - Non traffic offense with a penalty for which imprisonment of more than 1 year may be imposed
What is defined as a crime?
Crime means a misdemeanor or a felony.
What does person mean in legal terms?
Person means a human being, and where appropriate, a public or private corporation, partnership, or government instrumentality.
What is physical injury (P.I.)?
Physical injury means impairment of physical condition OR substantial pain.
What is serious physical injury (S.P.I.)?
Serious physical injury means physical injury which creates a substantial risk of death, OR which causes death OR serious and protracted disfigurement, protracted impairment of health, OR protracted loss or impairment of the function of any bodily organ.
What is a deadly weapon?
Deadly weapon means
* any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged
* a switchblade knife
* pilum ballistic knife
* dagger
* billy
* blackjack
* metal knuckles
* metal knuckle knife
* plastic knuckles.
What is a dangerous instrument?
Dangerous instrument means any instrument, article, or substance, including a ‘vehicle,’ which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious physical injury.
What does vehicle mean?
Vehicle means a ‘motor vehicle,’ ‘trailer,’ or ‘semi-trailer’ as defined in the VEHICLE AND TRAFFIC LAW, any snowmobile as defined in the PARKS AND RECREATION LAW, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.
What is culpability?
There are certain requirements for criminal liability. The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing.
What are the culpable mental states?
The culpable mental states are:
1. INTENTIONALLY
2. KNOWINGLY
3. RECKLESSLY
4. CRIMINAL NEGLIGENCE
What does intentionally mean?
A person acts intentionally with respect to a result or conduct described by a statute when his conscious objective is to cause such result or to engage in such conduct.
What does knowingly mean?
A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that circumstance exists.
What does recklessly mean?
A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists.
The conduct represents a gross deviation from the standard conduct of a reasonable person
What does criminal negligence mean?
A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstances exist.
Failure to percieve this risk represents a gross deviation from the standard of care a reasonable person would display in the situation
What is accessorial conduct?
Accessorial Conduct (20.00 P.L.) is defined as when one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when acting with the mental culpability required for the commission thereof, he solicits, commands, importunes, or intentionally aids such person to engage in such conduct.
What is the defense of infancy?
The defense of infancy is available to a juvenile offender, meaning that a person below a certain age cannot be prosecuted in criminal court.
What is the difference between a defense and an affirmative defense?
- Defense- Raised by the defendant- Prosecution must disprove the defense beyone a reasonable doubt (Justification)
- Affirmative Defense- Requires the defendant to prove the defense by a preponderance of the evidence (51/49, ex. duress)
What does ‘a preponderance of the evidence’ mean?
What does this mean in a defense situation?
- It means that a defendant is required to tip the scale – which is much less than ‘beyond a reasonable doubt.’
- General defenses require beyond a reasonable doubt
- Affirmative defenses require proof based on a preponderence of the evidence
51% / 49%
Outline some of the regular defenses outlined by the NYS Penal Law
- Justification:
1. Maintain order: parent discipline kid, jail official to prisoner, mass transit operator
2. Regular person to prevent PI to another
3. Prevent SPI or death: Mass transit operator,
4. Doctor in mental health or treatment capacity,
5. Self defense or defense of a 3rd person, defense of a premises, prevent larceny or criminal misconduct, effect an arrest or prevent escape - Infancy- Defendant too young to be charged
Others, less important:
* Alibi- Defendant was not present
* Lack of criminal intent- Negating intent factor
* Entrapment- Law enforcement induced the crime. Inducement or encouragement to commit an offense means active effort. Conduct affording a mere opportunity does not constitute entrapment
Prosecution must disprove beyond reasonable doubt
Justification - PL 35.15
Outline some of the affirmative defenses outlined by the NYS Penal Law
- Duress- Defendant was coerced into comitting the crime or threatened with imminent unlawful force
- Entrapment- Law enforcement induced the crime. Inducement or encouragement to commit an offense means active effort. Conduct affording a mere opportunity does not constitute entrapment
- Renunciation- The defendant withdrew from participation in the offense prior to the commission thereof and made a substantial effort to prevent the commission thereof
- Mental disease or defect- Subject lacks the capacity to understand the consequenctes of their conduct or that the conduct was wrong
Defendant must prove by preponderance of the evidence
Duress- PL 40.00
Entrapment- PL 40.05
Mental Disease or Defect PL 40.15
A person may use physical force in defense of another person from the use of physical force unless:
- Bad Guy’s conduct was provoked by Good Guy with the intent to cause PI to another
- Bad Guy was the initial agressor EXCEPT if the Bad Guy has withdrawn from the altercation and communicated this withdrawl but the Good Guy persists in using physical force
- Physical force is product of combat by agreement not authorized by law
Who can use D.P.F. with respect to burglary of a dwelling?
The owner, occupier, or someone licensed and privileged.
Explain the permissions that allow for DPF for any person during the prevent/ terminate phase:
- If the good guy believes the bad guy is using or about to use DPF EXCEPT individuals have a duty to retreat if they can do so with complete safety in circumstances other than :
1. in your own dwelling and not the aggressor
2. a police officer or person assisting a police officer at their direction - Believes that such person is comitting or attempting to commit kidnapping, forcible rape, forcible agg sex abuse, or any robbery
- Committing or about to commit a burglary
- Arson
