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

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Larry Cunningham

on 16 January 2015

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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
(orange = 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


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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