Crim Quiz 2
Fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
What is criminal negligence? NYPL 15.05(4)
Agreement to exchange one thing for another should result in an obligation.
What is the bargain theory of contract formation?
A guilty mind.
What is mens rea?
How a court determines if a private actor's conduct is state action.
What are the entanglement test and public function test?
Involves promises to give gifts and seeks to protect those who reasonably rely on others.
What is the reliance theory of contract formation/promissory estoppel?
An ambiguous statute will be construed in a manner favorable to the defense, because the defendant has the right to be apprised what of conduct is unlawful.
What is the rule of lenity (CL)?
A promise to do something one is already obligated to do is not valid consideration.
What is the pre-existing duty rule?
When only one mens rea terms appears in a statute defining an offense, it is presumed to apply to every element of the offense unless an intent to limit its application clearly appears.
What is NYPL 15.15(1) construction of statutes re: MR?
Action involving express racial categorizations must be narrowly tailored to promote a compelling gov't interest.
What is strict scrutiny?
Assent and exchange.
What is required under the bargain theory of contracts?
A crime that does not require any culpable mental state as to one or more element of an offense.
What is strict liability?
"I promise to sell you my car unless I decide not to."
What is an example of an illusory promise, which lacks legal detriment?
When there is no MR in a statute, but mental culpability is required, recklessness will be the minimum MR read into the statute.
What is MPC 2.02 (3)?
What is the means chosen?
Is it necessary?
Are there race neutral alternatives?
Overinclusive?
Underinclusive?
Racial quota?
What are the questions you must analyze to determine if the gov't interest is narrowly tailored under the strict scrutiny test?
Doesn’t have to be the actual motive. Use the objective test (secret intentions don’t count).
What is one of the of sub-rules for bargained for?
When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless they actually believe that it does not exist.
What is willful blindness as per MPC 2.02.7?
Doesn’t have to be the only motive or even the predominant motive. Can be part bargain, part gift.
What is one of the sub-rules for bargained for?
If one MR applies in a statute defining a crime, it is presumed to apply to all materials elements, unless contrary purpose indicated.
What is MPC 2.02(4) construction of statutes re: MR?
(1) discriminatory impact
(2) sequence of events
(3) procedural departure
(4) substantive departure
(5) legislative/administrative history
(6) historical background
What are the Arlington Heights factors?
State action must be reasonably/rationally related to
promote a legitimate interest.
What is rational basis scrutiny?
Element that does not relate exclusively to statute of limitations, jurisdiction, venue, or other matter unconnected to the harm sought to be prevented.
What is a material element according to the MPC?
Gift (no exchange), no real promise, against public policy, no assent.
What are reasons NOT to enforce a promise?
No MR specified in statute; statute is aimed at protecting the public health, safety, and welfare; light penalties; little stigma
What circumstances/factors might lead a court to say that a crime is a strict liability crime?
Rational basis.
What is the level of scrutiny used for default non-suspect classifications?
Addressing racism/white supremacy, societal discrimination, and educational benefits from diversity.
What are examples of government interests that are NOT compelling?