Criminal Law

1) Misdemeanor- crime punishable by up to 1 year in prison

2) Felony- crime punishable by AT LEAST 1 year in prison
What are the requirements of a criminal act?
Mens Rea- a guilty mind; intent.
Actus Rea- a criminal act; over act.
Purposefully Vs. Knowingly
Purposefully Intending for result to occur
Knowingly May not intend for results
Reckless Behavior satisfies Mens Rea element of crime. In this case, a person
would have perceived a known risk or did perceive but they ignored it
Depraved Indifference Your act was so reckless that the act itself showed you
didnt care who was harmed.
LARCENY with intent to deprive another of
property, a person wrongfully takes, obtains or
withholds property from the owners.
CL: trespass taking and carrying away a property of
another
ROBBERY
CL: Larceny + taking from a person and taking by
force of threat
NY: Forcable stealingmostly same as in Common
Law, when in course of committing a larceny, a
person uses, threatens the person with immediate
use of offense.

Statutory Vs. Common Law

Statutory- presedent- basic
principle, passed down
Common Law- written law
Standard of Review What
level of proof the jury needs
to hold you responcible

IMBASALMENT Willfully hands it over

BURGLARY
CL: Breaking (removal of an obstacle) and Entering of a dwelling of another in
the night time with intent to commit a felony or larceny there in.
NY: Doesnt have to be a dwelling, can be a building. No breaking necessary,
and can be during the day.

What are defenses to a criminal act?

Insanity/EED(extreme emotional disturbances

- It is on the defenses attorney to prove the insanity/ incapacity
o Age minor
o Mental problems
- The consequences of your actions
o Failed to know the nature/quality of the act committed
Mitigation some factors serve to reduce charges against defendant but do not
remove liability
BAIL OR BOND
Bail money
Bond Assets.
**These are returned when you show up for trial
The Judge is going to assign bail or bond by the Defendants economy, criminal
record, crime charged(how violent), danger to public, flight risk(likelyhood to
leave the state/country)
- If bail/bond is denied, D is sent to jail.
What is HOMICIDE?
^-- The unlawful killing of another
- Murder
- Felony Murder
- Justifiable homicide
- Felony murder
- Manslaughter
- Depraved Indifference/Recklessness
- Criminal Negligence
Murder with intent to cause the death of another, D causes death.
~ 1st degree murder- the murder of a police or a government officer
CL: requires Malice or forethought (premeditation/ pre-planning)
Depraved Indifference where one evinces a Depraved(devil/morally
unaccepted) Indifference(dont care either way) to human life. And commits
reckless conduct which creates a grave risk of death to others.
Felony Murder- death results (intent irrelevant) during the commission of a crime
or immediate flight thereof
BREAK crime (Burglary, Robbery, Escape, Arson, Kidnap)

Manslaughter 1st degree intent to cause serious injury which results in

death. The intent can be implied in the act. *or acted with intent to kill but under
extreme emotion disturbance. H.O.P Heat of passion.
2nd Degree Recklessly causing death but assisted.
When does a person have a legal duty to assist others?
^-- There is no good Samaritan statute in New York
There is a duty to act when
1. You cause the injury (Criminal&Civil)
2. You have a contract- Police/lifeguard/security.
o In most cases you dont have to endanger your own lives
3. Close blood or family relationships.
o Example: Parent/child

6th Amendment
In all criminal prosecutions, the accused shall enjoy right to a speedy and
public trial, by an impartial jury of the state and district where in the crime shall
have been committed, which district shall have been previously ascertain by law
and be informed of the nature and cause of the accusation to be confronted with
the witnesses against him, to have compulsory process for obtaining witness in
his favor and to have the Assistance of Counsel for his defense.
Edmonson V. Leesville
- Preamptic &Cause Two ways to remove people off jury.
- Batson Challenge- when other lawyer challenges the other side for
removing jurors for improper reason
- Went to supreme court and won
- At the end, they settled with the company.