Crim Law 1

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Author:
paul
ID:
23496
Filename:
Crim Law 1
Updated:
2010-06-14 14:38:19
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Introduction
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Description:
Crim Law 1 - Introduction
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  1. SOURCES OF LAW

    1) Multistate? (3 of them)
    2) New York?
    1) MULTISTATE SOURCES OF LAW

    • Common Law (most important)
    • Model Penal Code (MPC)
    • Modern statutory rules

    2) NEW YORK PENAL LAW
  2. 4 ESSENTIAL ELEMENTS OF A CRIME
    • Physical act
    • Mental state
    • Causation (actual and proximate)
    • Concurrence (of physical act with mental state)
  3. DEFENSES

    6 most common
    • Insanity
    • Intoxication
    • Infancy
    • Self-defense
    • Duress
    • Entrapment
  4. JURISDICTION

    In what states may a crime be prosecuted? (hint: 2 possibilities)
    • Any state where an ACT TOOK PLACE that as part of the crime, OR
    • Any state where the RESULT of those acts took place
  5. BURDEN OF PROOF

    1) Who must prove the elements of a crime?
    2) What standard applies?
    • PROSECUTION must prove EACH ELEMENT
    • BEYOND A REASONABLE DOUBT
  6. BURDEN OF PROOF

    Who bears the burden of proof as to DEFENSES to a crime

    1) Under the common law?
    2) Under NY law?
    1) COMMON LAW

    • PROSECUTION must DISPROVE each element of a defense once raised
    • BEYOND A REASONABLE DOUBT (except where INSANITY is raised as defense—then must disprove by PREPONDERANCE of evidence)

    2) NEW YORK LAW

    • DEFENSES: PROSECUTION must DISPROVE each element of defense by beyond a reasonable doubt
    • AFFIRMATIVE DEFENSES: ∆ must PROVE each element of defense by preponderance of evidence
  7. CLASSIFICATION OF CRIMES

    1) Felony?
    2) Misdemeanor?
    1) PUNISHABLE by more than 1 YEAR

    2) MAXIMUM punishment cannot exceed 1 YEAR in prison

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