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Criminal Law - Prof. Larry Cunningham (St. John's)

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by Larry Cunningham on 29 May 2013

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Transcript of Criminal Law - Prof. Larry Cunningham (St. John's)

General Requirements
(All Crimes - Corpus Delicti) Specific Crimes Punishment Theories Retribution
General deterrence
Specific deterrence
Rehabilitation
Incapacitation
Victims' Rights Actus Reus Mens Rea Causation Legality Concurrence Legislativity

Specificity

Lenity

Prospectivity

Publicity Created by statute, not courts Not vague Multiple interpretations favor D Not retroactive Statute is available (1) Voluntary Bodily
Movement Jurisdiction Conduct or Consequence occurs in New York (2) Act Omission Possession + Person Property Habitation Public Order Public Administration Drugs Traffic Actual Constructive (1) Legal Duty
(2) Knowledge of Facts
(3) Ability to Help Criminal Law Analysis
Step-By-Step 1. Prima facie case?
A. Elements?
B. D's behavior met all elements BARD?
2. Lack of justification?
3. Lack of excuse? If yes to all, D is guilty Statute
Contract
Status (parent/child and spouse/spouse)
Voluntary assumption of care
Creation of peril Common
Law Specific Intent Malice General Intent Strict Liability Desire to do the act AND
desire to achieve a particular result Mainly crimes against property, Assault, Murder 1º Acts intentionally OR with reckless disregard of obvious/known risk Murder 2º and Rape Need only be generally aware. Can be inferred from doing action. Most crimes against person Crime requires only an act; no mental state required. Public welfare + Statutory Rape How to Ascertain Elements PL § 15.15 "Conduct" = Actus Reus PL § 15.00(4) and rules of imputation
"Circumstances" = e.g., nature of victim ("public servant")
"Result" = Causation
"Mode of Culpability" = Mens Rea Applies to every material element unless otherwise noted Intention Knowledge Recklessness Negligence Strict Liability Result? Conscious objective is to cause the result
Conduct? Conscious objective to engage in the conduct
Transferred intent may apply - depends on statute New York Penal Law § 15.05 Conduct? Awareness of it
Circumstance? Awareness that it exists Result? Awareness + conscious disgregard of substantial and unjustifiable risk that result will occur
Circumstance? Awareness + conscious disgregard of substantial and unjustifiable risk that circumstance exists
Must be a gross deviation from standard of care
Voluntary intoxication does not negate Result? Should have known of substantial and unjustifiable risk that result will occur
Circumstance? Should have known that circumstance exists
Must be a gross deviation from standard of care Defenses? Mistake (§ 15.20) Only if factual mistake negates culpable mental state (except knowledge of weight of drugs or age of child)

OR

Mistake of law due to official misstatement of law in
(1) statute
(2) administrative order
(3) judicial decision or
(4) executive estoppel. public servant
officially made
must be public servant charged with administration, enforcement, or interpretation of statute Voluntary Intoxication (§ 15.05(3)) Not a defense but may negate intent and knowledge.
Does not negate recklessness or negligence.

Treat and analyze involuntary intoxication under insanity rules. Only applies to result offenses (1) Direct Cause (2) Proximate Cause + Intent not required
Sufficient that ultimate harm was reasonably foreseeable But-for causation Inchoate Attempt theory of liability only; not a separate crime Conspiracy Solicitation Conduct Attempts Circumstance and Result Attempts +
Specific Intent

Can intend SL conduct § 110.10
Look at attendant circumstances as D believed them to be. +
Specific Intent

Cannot intend unintentional result (if SL - no attempt possible)
No intent need be shown as to circumstances (if SL - can have attempt) BUT SEE DEFENSE OF RENUNCIATION Defenses Renunciation (Attempt) (1) Voluntary and complete
(2) Avoided commission of crime by:
(a) abandoning OR
(b) affirmative steps (if necessary) NOT increased risk of detection
NOT increased difficulty
NOT postpone
NOT change victim or objective Accomplice Liability
for Conduct of Another (1) D (A) has mental culpability required by crime
(2) Solicits, requests, commands, importunes, or intentionally aids P
(3) Not "necessarily incidental" Not a separate crime. Theory of imputing liability. BUT SEE DEFENSE OF RENUNCIATION
ALSO CHECK FOR CONSPIRACY, SOLICITATION, FACILITATION Facilitation (1) Knowledge
(2) Aid by providing means or opportunity for FELONY BUT SEE DEFENSE OF RENUNCIATION Renunciation (Accomplice) (1) Voluntary and complete
(2) Substantial effort to prevent crime NOT increased risk of detection
NOT increased difficulty
NOT postpone
NOT change victim or objective Renunciation (Facilitation) (1) Substantial effort to prevent crime Renunciation (Solicitation and Conspiracy) (1) Voluntary and complete
(2) Prevented crime NOT increased risk of detection
NOT increased difficulty
NOT postpone
NOT change victim or objective Renunciation (1) D intends P to commit crime
(2) Solicits, requests, commands, importunes, or attempts to cause P to commit crime
(3) Not "necessarily incidental" BUT SEE DEFENSE OF RENUNCIATION Justification (blue = affirmative; black = regular) Necessity

Self-Defense and
Defense of 3º Person Defense of Property

Citizens' Arrest

Law Enforcement Consent Cannot use deadly force to protect property, except if burglary and D is in his own home Can use non-deadly force to make arrest or prevent any crime
Can only use deadly force for Murder, Man 1º, Robbery, Forceible Rape, Forcibe Criminal Sexual Assault
In either case, must be correct that V = perpetrator Emergency action to prevent imminent harm to self/others
D cannot have caused situation
Pretrial ruling required MPC:
Consent is defense if negates mens rea
Consent to bodily injury: (1) not serious, (2) sports related, or (3) justified
Ineffective consent when V legally incompetent, obtained by force, duress, etc. BUT SEE DEFENSE OF RENUNCIATION

AT CL: CONSPIRACY ALSO FUNCTIONS AS A WAY OF IMPUTING LIABILITY (PINKERTON LIABILITY)
NY: NO VICARIOUS LIABILITY—STANDALONE CRIME ONLY (1) intent
(2) agreement (note: unilateral rule in NY; bilateral at CL)
(3) overt act Duress D engaged in conduct due to coercion
Use or threatened use of imminent unlawful force
Upon D or 3º person
Reasonable person would not have been able to resist
Exception: D puts himself in the situation with intent or recklessness Entrapment Penal Law Constitutional D engaged in conduct
Induced or encouraged
By public servant or agent
Methods created substantial risk that crime would be committed by someone not pre-disposed to commit it
NOT: merely affording an opportunity "Outrageous government conduct" Don't forget about mistake of law -
executive estoppel! Insanity At CL = ordinary defense 1. No defense - pardon instead
2. Wild Beast Test - only excused if did not know
what was doing
3. M'Naughten Test (NY)




4. American Law Institute (ALI/MPC)



5. Durham Test - crime caused by mental illness Also check to see if D:
is competent to stand trial
has diminished capacity (mental illness negates mens rea) As a result of mental disease or defect, D lacks substantial capacity to know or appreciate:
1. nature and consequences of conduct OR
2. that such conduct was wrong "a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." Homicide Murder Manslaughter 1º Manslaughter 2º Criminally Negligent Homicide Others 1º 2º Intent
+
Special victims
Serving life sentence
Previously convicted of Murder
Intentional murder during BRAKES felony
2+ murders in same transaction
Torture
Terrorism
Contract killing
Serial murder

(CL: Premeditation) + D is 18+ Intentional

Depraved Indifference

Felony Murder BRAKES = Burglary, Robbery, Arson, Kidnapping, Escape, Sexual Offenses
Includes flight
Proximate cause vs. agency
Victim cannot be perpetrator
Affirmative defense: (1) did not do the killing; (2) was not armed; (3) did not know anyone else was armed; (4) did not know killing could result. But see affirmative defense of
Extreme Emotional Disturbance Intent to Kill + Extreme Emotional Disturbance (cf. CL - Heat of Passion)

Intent to inflict serious physical injury But see affirmative defense of
Extreme Emotional Disturbance Recklessness Objective Subjective + Sex Crimes Common Law New York Vaginal intercourse
Without consent
By force or threat of force Summary (all require lack of consent)
Rape = intercourse
Criminal Sexual Act = sodomy = oral/anal contact
Sexual Misconduct = any nonconsensual contact or intercourse, sex with animals or corpses
Forcible Touching and Sexual Abuse = touching
Course of Sexual Conduct = repeated touchings Rape 1º (Intent - read in by Williams)
Sexual intercourse
Lack of consent
And either
Forcible compulsion
V is physically helpless
V < 11 y/o
V < 13 + D is 18+ Forcible compulsion
Incapacity to consent (< 17, physically/mentally disabled, prisoners, etc.)
Sexual Abuse or Forcible Touching - lack of acquiescence
Rape 3º and Criminal Sexual Act - V said "no" and reasonable person would have understood that V said "no" physical force threats Rape 3º Sexual intercourse
Lack of consent
And either
V is incapable of consent for reason other than < 17
D is 21+ and V < 17
No consent for reason other than incapacity Arson Burglary New York Common Law Breaking
Entering
Dwelling
Of Another
At Night
With Intent to Commit a Felony Arson 5º = intent + damage property + without consent + fire
Arson 4º = reckless + burning + building
Arson 3º = intent + burning + building
Arson 2º = Arson 3º + knows or should have known occupied
Arson 1º = Arson 2º + explosive device Common Law Separate Offenses:
Larceny (trespassory taking)
Larceny By Trick
False Pretenses
Embezzlement New York Trespassory Taking


Embezzlement


Trick


False Pretense


False Promise Larceny By Robbery Larceny + Force or Threat of Force Assault
Menacing
Reckless Endangerment
Kidnapping
Coercion Official Misconduct
OGA
Resisting Arrest Disorderly Conduct
Harassment Possession Sale Reckless Driving DWI VTL § 1192(1) = Impaired
VTL § 1192(2) = Per Se Intoxication
VTL § 1192(3) = Intoxication
VTL § 1192(4) = Impairment by drugs the consumption of alcohol had an effect to a degree that diminished physical and mental control to a standard less than that which would be exercised by a reasonably prudent driver if the loss of control was sufficient to cause a markable or high degree of loss of control Types of Errors in Criminal Cases and Their Standard of Review Legal Insufficiency

Weight of the Evidence

Erroneous Jury Instruction

Failure to Submit Requested Lesser Charge Broad arrest powers
Can use non-deadly force to make arrest or prevent any crime
Can use deadly force to arrest or prevent dangerous felony or burglary etc.
Belief must be reasonable as to guilt
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