crim law outline

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Author:
mjabali
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277592
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crim law outline
Updated:
2014-06-27 16:29:42
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crim
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crim law
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crim law
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  1. 3 requirements for a crime
    • 1. voluntary act
    • 2. mens rea
    • 3. causation
  2. elements of voluntary act (actus reus)
    A voluntary physical act or a failure to act in circumstances where there is a legal duty to act
  3. There is a duty to act when:
    D knew of the facts that gave rise to his duty and it was reasonably possible for D to perform a duty that is imposed by: 

    • - statute
    • - contract
    • - a special relationship between the defendant and victim (i.e. parent and child)
    • - detrimental undertaking
    • - D causing the victim's peril, even if D did not intend to cause it
  4. MBE common law mental states for crime (two):
    malice intent: a reckless disregard of a substantial or high risk of harm

    specific intent: D intends a specific result
  5. NY/MPC Mental States
    1. purposely- defendant acts with the conscious object to cause a certain result

    2. knowingly or willfully- defendant is aware of or knows of circumstances required by the crime or that particular result is certain to occur

    3. recklessly- defendant acts with conscious disregard of a substantial and unjustifiable risk.

    • 4. negligently- defendant should be aware of a substantial and unjustifiable risk
    • NOTE: standard of care for negligence is that of a reasonable person
    • NOTE: gross negligence requires a significant departure from the standard of care of a reasonable person
  6. If statute is silent about mental state in NY, liability is established if:
    the defendant acted either purposely, knowingly, or recklessly.
  7. If a staute specifies mens rea for one element of a crime, you can assume that the mens rea standard:
    applies to all of the elements, unless it would be contrary to the statute itself.
  8. Hypo. If two defendants fire shots, one of which kills a victim and it is impossible to determine which shot was the fatal one, is there causation and can both be charged in NY? If so, what else is required?
    • - requisite mens rea
    • - aiding and abetting each other
  9. Types of adequate provocation that will reduce a killing to voluntary manslaughter:
    • - threat of serious battery (not trivial) or deadly force
    • - discovery of spouse in act of adultery

    • NOTE: words are note enough to count as "adequate provocation"
    • NOTE: the D cannot have had time to "cool off" make sure D was still acting in the heat of passion when he or she committed the killing
  10. Theft Crimes (three)
    • 1. Larceny 
    •  NY: 1st degree- property over 1 mil
    •        2nd degree- stealing property over 50,000        OR get property by extortion (threatening        future physical injury) OR D abuses          
    •        position as a public servant
    •        3rd degree- stealing property over $3,000
    •        4th degree- stealing property over $1,000,        or taking a public record, secret scientific          material, credit card, firearm, motor    
    •        vehicle worth more than $100, telephone          access device, religious article; OR theft
    •        from victim's body; OR extortion
    •        Petit larceny: stealing property with a
    •        value of $1,000 or less
    • 2. Embezzlement

    3. False Pretense
  11. Theft offenses
    • 1. Robbery
    •     NY: 1st degree
    •           2nd degree
    •           3rd degree

    • 2. Burglary
    •     NY: 1st degree
    •           2nd degree
    •           3rd degree 

    3. receipt of stolen property
  12. Battery
    • NY:
    • -called "assault"
    • - first degree     
    • - second degree     
    • - third degree
  13. Assault
    NY: called "menacing"
  14. (NY) reckless endangerment
    • first-degree
    • second-degree
  15. Rape
    • (NY)
    • - first degree
    • - second degree
    • - third-degree
  16. kidnapping
    • NY:
    • - first degree
    • - second degree
  17. false imprisonment
    • NY- 
    • - first degree
    • - second degree
  18. arson
    • NY:
    • first degree
    • second- degree
    • third-degree
    • fourth-degree
  19. eavesdropping; crimes against children (abandonment, non-support, and endangerment); endangerment crimes against incompetent, physically disabled or vulnerable elderly people; criminal nuisance; harassment
  20. Inchoate crimes and merger
    • Solicitation
    • Conspiracy
    • Attempt

    Note conspiracy charge is a separate crime and will not merge with underlying crime at common law

    In NY, both solicitation AND conspiracy are separate crimes that will not merge with the underlying crime.
  21. Accomplice Liability
  22. Insanity
  23. Intoxication
  24. Infancy
  25. Defenses
    • Self-defense
    • Duress
    • Necessity
    • Entrapment

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