14 terms

Criminal Law

Criminal's State of Mine
C - criminally negligently
R - recklessly (wantonly)
I - intentionally
M - maliciously
K - knowingly
FIGS MAN kills
F - Felony Murder
I - Intentional Murder
G - Gross recklessness indicates D's depraved
indifference to value of human life
S - Serious Bodily Harm intended (NY=Vol.Mansl)
MAN - Manslaughter (voluntary & involuntary)
BRAKERS can commit felony murder, but not in a LAB
B - Burglary
R - Robbery
A - Arson
K - Kidnapping
E - Escape from custody after arrest
R - Rape
S - Sodomy or aggravated Sexual abuse in 1st Degree

L - Larceny
A - Assault
B - Battery
a CUB can't be sentenced to death for felony murder
C - D didn't COMMIT, COMMAND, or request the homicide
U - D was UNARMED and
B - D had do reason to BELIEVE another co-conspirator was armed or intended to engage in conduct likely to result in the death
HIS defeats a murder intent
H - committed in the HEAT OF PASSION (HOP) or under EED (Extreme Emotional Disturbance)
I - INSANITY or INFANCY of the killer
S - SELF-DEFENSE or DEFENSE OF OTHERS/justification (if established it's a complete defense)
DAMS gives you robbery and burglary 1st degree
D - DiISPLAYED what appeared to be a firearm w/ intent of forcibly taking property
A - D was ARMED w/ a deadly weapon
M - D MENACED the victim using a dangerous instrument
S - D or accomplice cause SERIOUS PHYSICAL INJURY to a non-participant during the robber of in immediate flight from the crime scene
Common Law larceny requires a TIP
T - wrongful TAKING of property
I - Specific INTENT to permanently deprive the owner of that property
P - PERSONAL PROPERTY of another taken
The 5 types of FLEET larceny
F - FALSE Pretenses
L - Common Law LARCENY (TIP)
E - Embezzlement
E - Extortion
T - Larceny by TRICK
1st degree burglary: DA!
D - the structure is a DWELLING used for overnight lodging
A - there exist AGGRAVATED circumstances (DAMS)
EVADES NICE WASP MICE raise criminal defenses
E - Entrapment
V - Vague criminal statute
A - bill of ATTAINDER
D - Duress
E - Ex post facto criminal law
S - Statute of limitations
N - Necessity
I Inoperable or unloaded gun (NY for Burglary/Robbery)
C - Claim of title or claim of right
E - Excessively broad penal statute
W - Withdrawal from crime (renunciation)
A - Alibi
S - Self-Defense/justification (ordinary defense in NY; affirmative in MPC)
P - Heat of Passion
M - Legal or factual Mistake
I - Insanity, infancy or intoxication
C - CUB status as a defense to felony murder
E - Extreme Emotional Disturbance
in NY, the ordinary criminal defenses are found in a JAR
J - Justification
A - Alibi
R - Claim of Right
Retroactive criminal laws are prohibited by a PIED piper
P - the law made PAST conduct a crime, which at the time it occurred was not a crime
I - the law INCREASED the punishment for a past crime
E - the law altered the rules of EVIDENCE after the crime was committed by requiring less evidence for a conviction
D - the law eliminated DEFENSES that were available on the date the crime was committed
HOP allows no reflection, but EED does
HEAT of PASSION allows no reflection/cooling off; EXTREME EMOTIONAL DISTURBANCE does.
in asserting justification, D can RAT on the violent victim by present evidence of
R - Reputation
A - Violent ACTS
T - Threats of violence against D