Crim Law 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
4 ESSENTIAL ELEMENTS OF A CRIME
- Physical act
- Mental state
- Causation (actual and proximate)
- Concurrence (of physical act with mental state)
DEFENSES

6 most common
- Insanity
- Intoxication
- Infancy
- Self-defense
- Duress
- Entrapment
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
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
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
CLASSIFICATION OF CRIMES

1) Felony?
2) Misdemeanor?

1) PUNISHABLE by more than 1 YEAR

2) MAXIMUM punishment cannot exceed 1 YEAR in prison

Author

paul

23496

Card Set

Crim Law 1

Description

Crim Law 1 - Introduction

Updated

2010-06-14T18:38:19Z

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