criminal law(NY BAR note)【DOC精选】.doc

criminal law introduction jurisdiction: territory, act or result burden of proof elements of a crime: beyond the reasonable doubt defenses: defense raised by D, prosecution need prove beyond the reasonable doubt CL exception: Insanity defense, D, preponderance of the evidence NY: Defense – prosecution, beyond reasonable; Affirmative Defense – D, preponderance classification: felony, misdemeanor the essential elements of crimes physical act act: voluntary bodily movement, NO reflexive or convulsive act omission(failure to act), 3 elements: legal duty: statute, K, statute relation(only parent-child, spouse), voluntary assumption of care, creation of the peril knowledge of he facts giving rise to the duty ability to help mental states CL mental states: specific intent (11 crimes) 1st degree premeditated murder, assault larceny, embezzlement, false pretense, robbery, forgery, burglary solicitation, attempt, conspiracy malice – intentionally or reckless disregard of an obvious or known risk, Murder Arson general intent, can be inferred from act strict liability – require simply doing the act, no mental state needed, Public Welfare Offenses Statutory Rape CL mistake fact specific intent: any mistake general intent: reasonable mistake SL: no defense law: no defense, only exception is the law specifically makes knowledge of the law an element of the crime (e.g., selling a gun to a known felon) NY mental states: intentionally/purposely: intentional to accomplish a particular result knowingly: aware of what he is doing recklessly: aware of a substantial and unjustifiable risk and conscious disregard the risk negligently: should have known a substantial and unjustifiable risk SL NY mistake doctrine fact, will be a defense if the mistake negate the required mental state purpose, knowledge or recklessness: mistake negligence, reasonable mistake SL, no defense law, no defense causation actual causation: but for; include “acceleration cause” proximate causation/legal causation