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mjabali
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3 requirements for a crime
- 1. voluntary act
- 2. mens rea
- 3. causation
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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
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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
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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
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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
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If statute is silent about mental state in NY, liability is established if:
the defendant acted either purposely, knowingly, or recklessly.
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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.
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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
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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
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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
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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
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Battery
- NY:
- -called "assault"
- - first degree
- - second degree
- - third degree
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Assault
NY: called "menacing"
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(NY) reckless endangerment
- first-degree
- second-degree
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Rape
- (NY)
- - first degree
- - second degree
- - third-degree
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kidnapping
- NY:
- - first degree
- - second degree
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false imprisonment
- NY-
- - first degree
- - second degree
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arson
- NY:
- first degree
- second- degree
- third-degree
- fourth-degree
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eavesdropping; crimes against children (abandonment, non-support, and endangerment); endangerment crimes against incompetent, physically disabled or vulnerable elderly people; criminal nuisance; harassment
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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.
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Defenses
- Self-defense
- Duress
- Necessity
- Entrapment
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