Law 19983 on

Classified in Law & Jurisprudence

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Actus reus: physical act of the crime

Mens rea: mental intent to do the crime

Transferred intent: in both criminal And tort (civil wrong) law, when an intent to cause harm to one person results In harm to another person instead of the intended target, the law transfers the Intent to the actual harm.

Cim Neg: (law) recklessly acting Without reasonable caution and putting another person at risk of injury or Death (or failing to do something with the same consequences)

Recklessly: In criminal law and in the Law of tort, recklessness may be defined as the state of mind where a person Deliberately and unjustifiably pursues a course of action while consciously Disregarding any risks flowing from such action.

Omission: Failure to perform an act to As which a duty of performance is imposed by law.

Strict Liability: Culpability without Fault or intention. SL offenses do not require a MR but do require AR

No guilty-No AR (no voluntary act)

With SL defendant can be convicted based only on AR.

SL also used In regulatory offenses(RO) affecting public health and welfare. MR too hard to Prove in RO

Concurrence of AR&MR: must occur Concurrently (at the same time) ex intent murder

“A” Intentionally kills “B”. “A” not guilty of intentional murder.

Intoxication: is not a defense to a Criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is Relevant to negative an element of the crime charged.

Mistake of Fact: A person is not Relieved of criminal liability conduct because he engages in such conduct under A mistaken belief of fact unless such factual mistake negatives the culpable.

Must be Honest, reasonable, and negate the MR for the offense.

Mistake of Law (“ignorance of the law Is no excuse”): Rarely works well as a defense unless it would negate a MR.

In NYS it Works as a defense only if defendant relies on an official statement by one Charged with enforcing the law.

Causation(2 parts):

1. Factual Causation. Cause-in-fact

Injury would Not have happened “but for” defendants conduct. Link between defendants conduct And the result.

2. Proximate (legal causation): to hold the defendant culpable, the result Must be reasonably foreseeable or related to the defendants conduct. Must not Be to remote, intervening, or superceding.

Accomplice Liability: whether defendant Is a principal or accomplice is irrelevant in determining culpability. Most States (including NYS) have abolished the 4 common Law Categories.

Principals And Accomplices are equally culpable. Ex: lookout, driving gateway car…

Principals And Accomplices share MR(mental culpability)= Accomplice Liability

An innocent Agent is not an Accomplice. No shared MR. Ex: defendant who delivers suitcase With drugs is not guilty if unaware suitcase had drugs.

PL 20.05 Degrees of Offense: when Offense is divided into degrees, look at AR of principal and MR of each Participant.

Natural & probable consequences for Aggravating factors: defendant culpable for any reasonable foreseeable Offense committed by a co-defendant

Ex: Defendant culpable for murder if defendant cause the death of someone who is a Non-participant in the crime if defendant is committing/attempting a dangerous Felony. Felony-Murder rule.

CPL 60.22 Accomplice Corroboration: The corroboration rule means that a Criminal conviction cannot be based upon confession of a criminal defendant Alone; and, in addition, a conviction may not rest only on the uncorroborated Testimony of an accomplice.

CPL 60.50 “Corpus Delecti” (body of Crime)

-Defendant Statement alone isn’t enough to convict

-Need Independent proof that crime was committed.

Pinkerton Doctrine: D in a Conspiracy Case is culpable for any crime committed by Co-Conspirator if the crime was Within the scope of the conspiracy and a natural foreseeable result of the Conspiracy.

Ex: Fed case Conspiracy to commit Bank Robbery: D who only cased the bank would also be Culpable for gran Larceny of the gateway car and Felony-Murder of the Bank Guard

-In NYS: D Would most likely only be guilty of the Conspiracy and possibly the robbery. D Not as likely to be culpable for the Grand Larceny and Felony-Murder.

-Fed courts Follow Pinkerton

-NYS and Most states do not

-In NYS a Co-Conspirator is not automatically an Accomplice

-Feds have Extended culpability for Conspiracy since the Feds prosecute more large-scale Conspiracy cases.


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