bar: crim law rules Part I

  1. crime requires [2]
    • 1. act
    • 2. mens rea (guilty mind)
  2. act [2]
    • 1. voluntary physical act OR
    • 2. failure to act when there is a legal duty to act
  3. failing to act rule
    Liable for failing to act only when a duty to act exists. This duty formed by either a:

    • statute
    • - special relationship
    • - contract OR
    • - by placing someone in a detrimental undertaking (leaving person worse off than before assistance was rendered)
    • - causing the victim's peril, even if D had no intent to cause it

    • AND 
    • -  know of the facts that gave rise to the duty

    • AND
    • - reasonably possible to have acted
  4. MBE mental states
    • specific intent
    • malice
    • general intent
    • strict liability
  5. MBE mental states- malice
    reckless disregard of a substantial or high risk of harm
  6. MBE mental states- specific intent elements and its crimes
    - Requires D to intend a specific result

    • - Specific intent crimes [FIAT]:
    • ~ First degree murder
    • ~ Inchoate offenses (attempt, solicitation, conspiracy)
    • ~ Assault with intent to commit a battery
    • ~ Theft crimes
  7. NY mental states:
    • 1.purposely: D acts with the conscious object to
    • cause certain result

    • 2.knowingly or willfully: D knows or is aware
    • of the circumstances required by the crime OR that a particular result is certain to occur

    • 3. recklessly: D acts with conscious disregard of
    • a substantial and unjustifiable risk

    4. negligently: D should be aware of substantial and unjustifiable risk
  8. If statute is silent about mental state in NY, liability is established if the defendant acted either purposes, knowingly, or recklessly.
  9. homicide- actual cause
    The killing of another human being who would not have died but for D's act
  10. homicide- proximate cause
    A killing of another human being whose death was foreseeable from D's conduct
  11. MBE homicide: types
    • Murder
    • Voluntary Manslaughter
    • Involuntary Manslaughter
  12. Murder- definition
    • 1. unlawful
    • 2. killing
    • 3. of another human being
    • 4. with malice aforethought
  13. homicide: MBE: murder: mental states [4]
    1. intent to kill

    2. intent to inflict serious bodily harm

    3. depraved heart (reckless indifference to human life): D's action poses a great risk of serious bodily harm or death

    • 4. felony murder [BARRK]: committing one of these felonies and kill someone (even if accidental) becomes murder:
    • - burglary
    • - arson
    • - rape
    • - robbery
    • - kidnapping
  14. MBE: homicide: types of voluntary manslaughter
    • - adequate provocation
    • - imperfect self-defense
  15. homicide: MBE: voluntary manslaughter: adequate provocation: mental state and elements
    Intentional killing due to:

    • 1) a threat beyond words of serious battery or deadly force OR
    • 2) discovering a spouse in an act of adultery AND
    • 3) D had no time to cool off.
  16. homicide: MBE: voluntary manslaughter: elements for imperfect self defense
    1. D was the initial aggressor in a self-defense killing OR

    2. D made an honest, but unreasonable, mistake, in a self-defense killing
  17. homicide: MBE: involuntary manslaughter: elements
    1) Unintentional killing committed with gross negligence OR

    2) when killing occurred in the act of committing another crime that does not qualify for felony murder
  18. Homicide: NY: degrees of murder: first
    1. intentional killing of a police, peace, or corrections officer; judge, or witness

    2. murder for hire

    3. felony murder [BRAKERS]: D personally and intentionally kills someone other than co-felon while committing either a:

    • - burglary
    • - robbery
    • - arson
    • - kidnapping
    • - escape
    • - rape   or
    • - sexual abuse

    4. intentional killing of multiple victims

    5. intentional killing during torture or terrorism
  19. Homicide: NY: degrees of murder: 2nd
    1. intentional killing

    2. depraved indifference

    3. unintentional felony murder
  20. homicide: NY: unintentional felony murder: affirmative defense (4 elements)
    D can show:

    • 1. did not commit the act
    • 2. unarmed
    • 3. had reason to believe other participants were unarmed AND
    • 4. had no reason to believe other participants would engage in conduct likely to cause death
  21. homicide: NY: manslaughter: first degree
    1. death caused with intent to inflict serious bodily injury

    2. intentional killing under extreme emotional disturbance

    3. abortion after 24 weeks

    4. recklessly placing child under grave risk of serious physical injury
  22. homicide: NY: manslaughter: 2nd degree
    • 1. recklessly causing the death of another OR
    • 2. intentionally assisting a suicide or
    • 3. intentionally assisting an abortion where the mother dies
  23. homicide: NY: homicide with vehicles: 2nd degree
    criminally negligent homicide caused by operating a motor vehicle under the influence of alcohol or drugs
  24. homicide: NY: homicide with vehicles: Aggravated Vehicular Homicide
    2nd degree elevated to Aggravated Vehicular Homicide when:

    - recklessness AND

    - one of the 2nd degree elements met AND


    - One person died and at least one other person had serious bodily injury OR

    - one of the factors of vehicular homicide in the first degree present
  25. homicide: NY: homicide with vehicles: 1st degree
    1st degree vehicular manslaughter:

    2nd degree elements + one aggravating factor:

    • 1) License was suspended or revoked from DUI
    • 2) DUI within the last 10 years
    • 3) prior vehicular assault conviction
    • 4) BAC of .18 or higher 
    • 5) accident kills two or more people OR
    • 6) accident causes the death of a child passenger 15 yo or younger
  26. homicide: NY: criminally negligent homicide: definition and mental state required
    D's criminal negligence cause the death of another person

    criminal negligence=  should have been aware that act was a gross deviation from the standard of care of a reasonable person
Card Set
bar: crim law rules Part I
bar exam crim law rules through homicide