This branch of government is charged with making a determination of whether or not a criminal suspect is guilty as charged
What is The Court System
100
In conspiracy, there must be two intents, the intent to agree or conspire, and this.
What is the intent to commit the offense (which is the object of the conspiracy).
100
Under this rule, murder in the first degree can be shown when a person murders another person while in the commission of a felony
What is the Felony-Murder Rule
100
Elements of this crime include the wilful taking of personal property of another with the intent to permanently deprive the owner of the property
What is Larceny
100
Under the M'Naughten test, the burden is on this party to show the defendant is insane.
What is the defendant.
200
This is where two advocates try to work towards an out-of court agreement in order to avoid a trial
What is Plea Bargaining
200
The Pinkerton rule states this:
What is that a co-conspirator is liable for any foreseable or natural results of an act done in furtherance of the substantive agreed crime.
200
Under common law, manslaughter was considered murder without this
What is malice aforethought
200
In this situation, a crime requires criminal assault or battery plus the unlawful taking of another's personal property with the intent to deprive him of the property permanently.
What is Robbery
200
This is the only insanity test that places the burden on the government to prove the defendant was not insane.
What is Model Penal Code
300
This is early English law developed by judges and incorporated to the American Colonies.
What is Common Law
300
Under the merger doctrine, solicitation merges if this happens.
What is if the crime is carried to fruition
300
This involves a gross deviation from a standard of care in the death of another person.
What is Criminal Negligence
300
In NY, Burglary in the third degree is doing this while unlawfully in a structure with the intent to commit any crime therein.
What is unlawfully entering or remaining
300
Elements of this test include there must be a disease of the mind which caused a defect of reason such that the defendant lacked the ability at the time of the offense to know the wrongfulness of his actions.
What is M'Naughton Test
400
While the Supreme Court is the highest court in federal jurisdiction, this is the name of the highest appellate court in New York State
What is The Court of Appeals
400
This mens rea intent occurs when a person consciously disregards a substantial and unjustifiable risk that their conduct will cause harm
What is Reckless Intent
400
A majority of courts follow this approach which states that felony-murder does not apply if the person who directly causes the death is a non-felon.
What is Agency Approach (to felony murder)
400
In NY, Arson in the First Degree incorporates Arson 2 plus someone was seriously injured or killed, an explosive or incindiary devise was used, or this third factor
What is a pecuniary motive for setting the fire was established
400
The Durham test states that a criminal is not responsible if the unlawful act is this
What is a product of mental disease or defect
500
This states that "there can be no crime without a law defining it and no punishment without a crime."
What is Legality Principle
500
Under common law solicitation, this is completed when the actor communicates the words or otherwise invites or requests the other person to commit the crime.
What is the Actus Reas
500
Today a majority of states adopt this standard as the sign of legal death.
What is absence of spontaneous brain activity (SBA)
500
In NY, Grand Larceny in the Second degree occurs when the value of the property exceeds this amount
What is $50,000
500
Under Jackson v. Indiana (US 1972) due process requires this to bear some reasonable relation to the purpsoe for which the individual is committed