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14 Cards in this Set
- Front
- Back
CRIM K is a criminal’s state of mind
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C – Criminally negligently
R – Recklessly (a.k.a. wantonly) I – Intentionally M – Maliciously K – Knowingly |
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FIGS MAN kills
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F – Felony murder
I – Intentional murder G – Homicide caused by Gross recklessness indicating D’s depraved indifference to the value of human life S – Intent to cause Serious bodily harm that results in death (in NY, this is voluntary manslaughter) MAN – Manslaughter (voluntary or involuntary) |
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BRAKERS can commit felony murder, but not in a LAB
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B – Burglary
R – Robbery A – Arson K – Kidnapping E – Escape from police custody after arrest R – Rape S – Sodomy or aggravated sexual abuse in the 1st degree L – Larceny A – Assault B – Battery |
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A CUB can’t be sentenced to death for felony murder
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C – D didn’t Commit, command, or request the homicide
U – D was Unarmed AND B – D had no reason to Believe another co-conspirator was armed or intended to engage in conduct likely to result in death |
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HIS defeats a murder intent
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H – Committed in the Heat of passion (HOP) or under extreme emotional disturbance
I – Insanity or infancy of killer S – Self-defense or defense of others/justification (*if established it’s a complete defense) |
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DAMS gives you robbery and burglary 1st degree
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D – Displayed what appeared to be a firearm w/ the 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 caused Serious physical injury to a non-participant during the robbery or in immediate flight from the crime scene |
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Common law larceny requires a TIP
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T – Wrongful Taking of property
I – Specific Intent to permanently deprive the owner of that property P – Personal property of another is taken |
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There are 5 types of FLEET larceny
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F – False pretenses
L – Common law Larceny (TIP) E – Embezzlement E – Extortion T – Larceny by Trick |
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A DA gives you burglary in the 1st degree
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D – The structure is a Dwelling used for overnight lodging
A - There exist Aggravated circumstances (DAMS) |
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EVADES NICE WASP MICE raise criminal defenses
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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 (in NY, for burglary and robbery) C – Claim of title or claim of right E – Excessively broad penal statute W –Withdrawal from the crime (a.k.a renunciation) A – Alibi S – Self-defense/justification (ordinary defense in NY, affirmative defense in MBE) 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 |
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In NY, the ordinary criminal defenses are found in a JAR
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J – Justification
A – Alibi R – Claim of Right |
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Retroactive criminal laws are prohibited by a PIED piper
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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 |
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HOP allows no reflection, but EED does
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Heat Of Passion; Extreme Emotional Disturbance
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In asserting justification, D can RAT on the violent victim by presenting evidence of
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R – Reputation
A – Violent Acts T – Threats of violence against D |