CRIMINAL LAW
I. INTRODUCTION A. PRELIMINARY MATTERS a. Jurisdiction: Criminal law is territorial. So, a crime may be prosecuted in any state where either an act that was part of the crime took place, or in any state where the result took place. Burden of Proof: Elements of the crime -- In a criminal case, the P must prove each element of the crime beyond a reasonable doubt. Defenses -- Common Law: Once a defense is raised by the D, the P must disprove each element of the defense beyond a reasonable doubt. Common law exception: In most states, the insanity defense must be proven by the D by a preponderance of the evidence (higher standard). NY RULE: NY divided its defenses into TWO parts Defenses: P must disprove beyond a reasonable doubt. 0. Affirmative defenses: D must prove by a preponderance of the evidence (e.g., more than 50% likelihood) Classification of Crimes:
Misdemeanor -- A crime for which the maximum punishment may NOT exceed 1 year in prison. d.NY DISTINCTION: Felonies offenses for which death or a prison sentence of more than 1 year may be imposed.
II. THE ESSENTIAL ELEMENTS OF CRIMES A. PHYSICAL ACT (Actus Reus) The Act Requirement Ordinarily, if you don't have an act, you don't have a crime An act is a voluntary bodily movement iii. Movements NOT considered acts: (1) sleepwalking, (2) reflex or convulsion (e.g., seizure), or (3) when someone else has moved the D (e.g., D was pushed). The Omissions Rule In some limited situations, a failure to act can be the basis for criminal liability. THREE requirements: You need a LEGAL DUTY which can be created by: a. Statute (e.g., filing tax returns, reporting child abuse); b. Contract (e.g., doctor, babysitter); C. Status relationship (i.e., parent-child, spouse-spouse); d. Voluntary assumption of care (e.g., If D starts rescuing V, he has a duty to follow through); or e. Creation of the peril. :You need KNOWLEDGE of the facts that give rise to the duty (e.g., need to know that your wife is drowning) .You need an ABILITY to help (e.g., if you don't know how to swim, you don't have to drown yourself to save your wife).
B. MENTAL STATES (Mens Rea) Common Law Mental States: There are FOUR common law mental states:
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CRIMINAL LAW
SPECIFIC INTENT -- when the crime requires not just the desire to do the act, but also the desire to achieve a specific result. Applies to the following crimes: Assault Crimes against the person 2 Murder in the first degree Larceny Embezzlement 5 False pretenses Crimes against property f1 Robbery Forgery 8. Burglary ti Solicitation 10. Conspiracy Inchoate crimes 11. Attempt ti. MALICE -- when a D acts intentionally or with reckless disregard of an obvious or known risk. Common law malice crimes: 1. Murder Arson tii. GENERAL INTENT -- D need only be generally aware of the factors constituting the crime; he need not intend a specific result. The jury usually infers general in