Complete
What do the 5 element of a crime entail?
must provide or proven for prosecution to prove a conviction
What is the 1st element of a crime?
the legality no crime without a law
What is the 2nd element of a crime?
the act or acts reus: act of criminal
What is the 3rd element of a crime ?
culpable mental state or mens Rea
What is deadly physical force?
physical force, which under the circumstanced in which it is used, is readily capable or
causing death of other serious physical injury ( HAS TO BE YOUR LAST RESORT)
Juvenile 16-17 year olds could be charged as an adult if...
MR. A. MACBAKER
Murder Robert, Assault, Manslaughter, Arson, Criminal sexual act, Burglary,
Aggravated assault, Kidnapping, Escape, Rape
What are the 3 factors of Safe guarding of Firearm?
Deposit in his/her respective command, Deposit in any NY DOC command, in his/her
place of residence
What is the Penal law?
Gives peace officers of this state the authority (legal right) to use deadly physical force
against a person whom he reasonably believed to have committed or is about to commit
a specific crime indicated in the law
What does MAMAK stand for ?
Murder, Assault, Manslaughter, Arson, Kidnapping
What does the Mayor's Executive order #16 state ?
it states any information concerning corruption, criminal activities and conflicts of
interest must be reported directly and immediately to the inspector general (I.G) OR
commissioner of invegtigation
What are the 3 C's regarding the Mayors Executive order #16?
Corruption, Criminal Activities, and Conflicts of interest
What age is not criminally responsible for his actions?
age 7 through age 12
Where would A juvenile deliquent of age 13 to age 15 be handled in?
They would be handled in family court
What is Ordinary Defense?
A defense which involves a lack of criminal responsibility, a person that is 13 years or
younger is not responsible for his conduct.
What is an affirmative defense?
Not criminally responsible
What does DERM stand for?
Duress (when he/she is formed to make a choice of evils: acting under pressure)
Entrapment ( public servant cannot promote criminal )
, Renunciation ( person telling the authority before the crime happen.)
Mental Diseases or defects ( man stages his dog told him to kill someone )
What is the Criminal procedure law (power of peace officers )
1) power to make arrest
2) Power to carry out warrantless searches
3) power to prevent escape
4) power to issue tickets
5)power to possess and take custody of firearms not own by peace officer.
What is the Culpable mental state (mens rea ) intentionally ?
The person knows and desires the consequences of his/her act
What is the Culpable mental state (mens Rea) knowingly?
a person acts knowingly is aware that his/her conduct as described as a offense
What is the culpable mental state (mens rea) Recklessly ?
depraved indifference to the consequences of ones acts
What is the culpable mental state (mens Rea) criminal negligence ?
the person fails to perceive a substantial and unjustifiable risk that causes harm
Arrest
Is defined as the taking of an individual into custody for the purpose of filling a legal
complaint for acts committed by the individual for violation of the law
testimonial evidence
The evidence given under oath
Crime
A misdemeanor or a felony
United state Supreme Court
The highest court in the land
United States court of appeals
Also known as the circuit court. Administrative agencies
United States District courts
General trails court of the federal court system that deals with felonies and
misdemeanors.
United States magistrate court
Are Authorized to issue searches and arrest warrants for criminal cases but cannot try
felonies
New York State court of appeal
Highest court in New York state
New York state appellate court
New York State first level appellate court. It primarily hears appeals from the lower
courts in New York
New York State Supreme Court
Jurisdiction over both felony cases and civil cases were parties seek damages in
excess of $25,000 and divorce cases
Deposition
No judge or jury present but questions and answers are recorded by court reporters you
are a witness under oath oral examination of witness by both attorneys
Trail