Crim Law 2

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Author:
paul
ID:
23497
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Crim Law 2
Updated:
2010-06-14 18:16:17
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Essential Elements Crimes
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Crim Law 2 - Essential Elements of Crimes
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  1. ACT REQUIREMENT

    1) Rule?
    2) Definition?
    1) NO CRIME without a PHYSICAL ACT (as a general rule)

    2) ACT = VOLUNTARY bodily movement (NB, "voluntary" includes acts under coercion or duress)
  2. OMISSIONS RULE

    1) Rule?
    2) Elements (3 of them)
    1) FAILURE TO ACT can be basis for criminal liability (in limited situations)

    2) ELEMENTS (need all 3)

    • LEGAL DUTY to act (e.g., statute, contract, status (i.e., parent-child, spouse-spouse), voluntary assumption of care, ∆ creates peril)
    • KNOWLEDGE OF FACTS giving rise to the legal duty
    • ABILITY TO HELP (minimal ability, e.g., crying-out for help)
  3. COMMON LAW MENTAL STATES:

    SPECIFIC INTENT

    1) Definition?
    2) 11 Specific Intent Crime?
    1) DESIRE to do the ACT and the desire to ACHIEVE A RESULT

    2) 11 SPECIFIC INTENT CRIMES

    • Assault
    • Murder-1
    • Larceny
    • Embezzlement
    • False Pretenses
    • Robbery
    • Forgery
    • Burglary
    • Solicitation
    • Conspiracy
    • Attempted crime
  4. COMMON LAW MENTAL STATES:

    MALICE

    1) Definition?
    2) Common law malice crime?
    1) ACTING INTENTIONALLY or with RECKLESS DISREGARD as to an obvious or known risk.

    2) COMMON LAW MALICE CRIMES

    • Murder
    • Arson
  5. COMMON LAW MENTAL STATES:

    GENERAL INTENT

    1) Definition?
    2) Examples of general intent crimes?
    1) GENERAL AWARENESS of the factors constituting a crime—desire to achieve a specific result not necessary. Note: Jury may infer GI simply from the doing of the act

    2) EXAMPLES

    • Battery
    • False imprisonment
    • Kidnapping
    • Forceable rape
  6. COMMON LAW MENTAL STATES:

    STRICT LIABILITY

    1) Definition?
    2) Examples
    1) SIMPLY DOING THE ACT results in a crime—no mental state needed!

    2) TWO TYPES of strict liability crimes

    • Public welfare (e.g., selling alcohol to minor, selling contaminated food, corrupting the morals of a minor)
    • Statutory rape
  7. COMMON LAW MISTAKE

    When will mistake of FACT be a defense for the following mental states

    1) Specific intent?
    2) General intent?
    3) Strict liability?
    1) ANY MISTAKE of fact, even an unreasonable one, is a defense

    2) only a REASONABLE MISTAKE of fact is a defense

    3) NEVER A DEFENSE
  8. COMMON LAW MISTAKE

    When will a mistake of LAW be a defense? (hint: general rule and exceptions)
    1) GENERAL RULE. Mistake of law is NOT A DEFENSE

    2) EXCEPTIONS (mistake of law IS a defense)

    • Statute expressly requires KNOWLEDGE of the law as an element of the crime
    • Statute was NOT PUBLISHED
    • ∆ REASONABLY RELIED on a statute or judicial decision that was DECLARED UNCONSTITUTIONAL or OVERRULED
    • ∆ REASONABLY RELIED on an official interpretation or advice from someone charged with ENFORCEMENT, administration, or interpretation of the law***

    ***erroneous advice from a private attorney is not a defense
  9. NEW YORK MENTAL STATES

    "Intentionally"
    When it is the ∆'s CONSCIOUS OBJECT to accomplish a PARTICULAR RESULT—i.e., the ∆ MEANT to do reach the result
  10. NEW YORK MENTAL STATES

    "Knowingly"
    When ∆ is AWARE of what he is doing
  11. NEW YORK MENTAL STATES

    "Recklessly"
    When ∆ is AWARE of a substantial and unjustifiable risk, and CONSCIOUSLY DISREGARDS that risk

    ***requires showing of ∆'s subjective knowledge
  12. NEW YORK MENTAL STATES

    "Negligently"
    When ∆ SHOULD HAVE KNOWN about a substantial and unjustifiable risk

    ***∆'s subjective knowledge is irrelevant
  13. NEW YORK MENTAL STATES

    "Strict Liability"
    No mental state required (similar to common law)
  14. NEW YORK MISTAKE DOCTRINE

    As to MISTAKE OF FACT

    1) What is the rule?
    2) How is it applied?
    1) MISTAKE OF FACT is a DEFENSE IF the mistake NEGATES the required mental state

    2) APPLICATION—for crimes of

    • PURPOSE, KNOWLEDGE, or RECKLESSNESS—a mistake of fact (EVEN AN UNREASONABLE one) is a defense
    • NEGLIGENCE—only a REASONABLE mistake is a defense
    • STRICT LIABILITY—never a defense
  15. NEW YORK MISTAKE DOCTRINE

    When is a MISTKE OF LAW a defense?
    NEVER—no exceptions (still a crime, even if ∆ doesn't know about the law)
  16. ACTUAL CAUSATION
    BUT-FOR TEST

    • ∆ is an "actual cause" if the bad result would not have a happened BUT-FOR the ∆'s conduct
    • NB: an ACCELERATING CAUSE is an actual cause
  17. PROXIMATE CAUSATION

    1) Rule?
    2) Key concepts?
    3) Thin-skulled victims?
    4) Intervening causes?
    1) PROXIMATE CAUSE if the bad result is a NATURAL AND PROBABLE consequence of the ∆'s conduct

    2) KEY CONCEPTS

    • Foreseeability
    • Fairness

    3) THIN-SKULLED VICTIMS—∆ will be proximate cause even if victim's PRE-EXISTING WEAKNESS contributed to bad result

    4) INTERVENING CAUSES—∆ will NOT be proximate cause if an UNFORESEEABLE INTERVENING EVENT causes the bad result
  18. D shoots V, but the wound is not fatal. V is taken to the hospital, where a surgeon operates to remove the bullet. During the operation, the surgeon accidentally severs a major artery, and V bleeds to death. Is D the PROXIMATE CAUSE of V's death?
    YES—surgeon's negligence was foreseeable result, even if it was an intervening cause
  19. CONCURRENCE

    1) Rule?
    2) Arises in what crimes?
    1) ∆ must have MENTAL STATE at the time he engages in the ACT

    2) Concurrence issues most frequently arise as to the crimes of

    • Larceny
    • Burglarly

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