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holy shit there's a fuckload of stuff to memorize for crimlaw

ny
.,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,  07/16/12
The degree shit is pretty rough.
Sabu  07/16/12
eh, just memorize the 2nd degree and go from there.
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
Yeah, I know. It's still annoying.
Sabu  07/16/12
so youre saying its not like the class?
,..,,.:....,,;,,,.,..:..,:......,;,,;,....,...:..  07/16/12
quick--can you withdraw from being an accomplice?
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Yeah, but you need more than just discouragement. You have ...
Sabu  07/16/12
fuck my ass for still remembering this shit
.,,.....,.,.,.,:,,:,,.:,:::.,,.,:,.,.::.:.,:.::,.  07/16/12
...
,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.  07/16/12
depends on state bro.
.,.,,...;.;,.,.,:,,:,...,:;:,..,,:,.,.:..:.,:.::,.  07/16/12
yes
.,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,  07/16/12
ya, you have to neutralize the assistance or prevent the cri...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
the worst part is that NY has a different name/specific rule...
.,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,  07/16/12
It's very MPC based (except it calls purpose intent).
Sabu  07/16/12
The whole homicide structure isn't all that appealing either...
Sabu  07/16/12
quick explain the difference between aggravated homicide and...
.,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,  07/16/12
Isn't aggravated homicide killing a cop in the line of duty ...
Sabu  07/16/12
yeah, you can also get agg. homicide if you're >18 and ki...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
if you're not sure about "cool and wanton" you sho...
.,,.....,.,.,.,:,,:,,.:,:::.,,.,:,.,.::.:.,:.::,.  07/16/12
wrong
.,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,  07/16/12
since i actually read the statute, nope. http://law.onecl...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
i asked about aggravated homicide, not aggravated murder
.,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,  07/16/12
bro, there's no such thing as pure agg. homicide. it's eithe...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
What are the enumerated felonies for FM?
Sabu  07/16/12
BRAKES burglary robbery arson kidnapping escape sexu...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
Yeah-yuh, use them mnemonics. DOWNFALL SPARERIBS
Sabu  07/16/12
7-11 store clerk pockets $50 from register, believing in goo...
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Doesn't he have custody and not possession?
Sabu  07/16/12
it's fuzzy on that, but the intent is lacking regardless.
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
bingo
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
...
Sabu  07/16/12
nah. he's a shift manager and the register is assigned to h...
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
well-known pastor of established church pulls aside congrega...
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Larceny by trick
,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.  07/16/12
wrong
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Is it false pretenses with cash?
Sabu  07/16/12
fuck if I know, I'm just making this shit up after staring a...
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Yeah, I've got that outlined. I need to hit the elements ha...
Sabu  07/16/12
I think it'd be false pretenses But keep in mind that in ...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
This would be larceny by trick. Pastor might be able to def...
Sabu  07/16/12
wrong edit: double wrong. stealing shit and mentioning g...
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Obviously if you had the right evidence that the pastor did ...
Sabu  07/16/12
fair enough. good essay answer, shitty MBE answer. the hyp...
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Oof, hit the books bro
,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.  07/16/12
brehlet, it's false pretenses. He obtained title as well as ...
.........:;;;:...:.:.::;;;........................  07/16/12
Yeah, I got it. That was just a stupid brainfart. As shown...
Sabu  07/16/12
Me and Fish are hanging out in Harlem. Unbeknownst to Fish,...
Sabu  07/16/12
Too easy, bro. He's totes guilty of conspiracy because in...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/16/12
What is POTE?
..,.,...,..,.,.,:,,:,..,:::,...,:,.,.:..  07/18/12
preponderance of the evidence; NY requires Ds raising an aff...
,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,  07/18/12
Sabu, frustrated with his poor mastery of criminal law mater...
..,.,..,,,..,,,,...,,,.,.,.,..  07/16/12
Scorching isn't enough for arson. Second degree manslaugh...
Sabu  07/16/12
...
Sabu  07/16/12


Poast new message in this thread



Reply

Date: July 16th, 2012 9:41 PM
Author: .,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,

ny

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103899)



Reply

Date: July 16th, 2012 9:43 PM
Author: Sabu

The degree shit is pretty rough.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103917)



Reply

Date: July 16th, 2012 9:51 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

eh, just memorize the 2nd degree and go from there.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103996)



Reply

Date: July 16th, 2012 9:52 PM
Author: Sabu

Yeah, I know. It's still annoying.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104003)



Reply

Date: July 16th, 2012 9:45 PM
Author: ,..,,.:....,,;,,,.,..:..,:......,;,,;,....,...:..

so youre saying its not like the class?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103934)



Reply

Date: July 16th, 2012 9:47 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

quick--can you withdraw from being an accomplice?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103950)



Reply

Date: July 16th, 2012 9:47 PM
Author: Sabu

Yeah, but you need more than just discouragement. You have to make a substantial effort to undo the effects of your involvement.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103955)



Reply

Date: July 16th, 2012 9:52 PM
Author: .,,.....,.,.,.,:,,:,,.:,:::.,,.,:,.,.::.:.,:.::,. (a fool and his money)

fuck my ass for still remembering this shit

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103999)



Reply

Date: July 16th, 2012 10:20 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.



(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104288)



Reply

Date: July 16th, 2012 10:56 PM
Author: .,.,,...;.;,.,.,:,,:,...,:;:,..,,:,.,.:..:.,:.::,.

depends on state bro.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104728)



Reply

Date: July 16th, 2012 9:48 PM
Author: .,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,

yes

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103958)



Reply

Date: July 16th, 2012 9:50 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

ya, you have to neutralize the assistance or prevent the crime. in NY, make a substantial effort and you have prove it by POTE.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103985)



Reply

Date: July 16th, 2012 9:48 PM
Author: .,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,

the worst part is that NY has a different name/specific rule contrary to every fucking common law rule

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103964)



Reply

Date: July 16th, 2012 9:49 PM
Author: Sabu

It's very MPC based (except it calls purpose intent).

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103972)



Reply

Date: July 16th, 2012 9:50 PM
Author: Sabu

The whole homicide structure isn't all that appealing either.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103989)



Reply

Date: July 16th, 2012 9:52 PM
Author: .,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,

quick explain the difference between aggravated homicide and 1st degree murder

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104002)



Reply

Date: July 16th, 2012 9:54 PM
Author: Sabu

Isn't aggravated homicide killing a cop in the line of duty whereas Murder 1 is a homicide done with the intent to kill and one of the aggravating factors, e.g., murder for hire?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104037)



Reply

Date: July 16th, 2012 9:58 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

yeah, you can also get agg. homicide if you're >18 and kill someone <14 in a "cool and wanton manner"

i have no idea what cool and wanton actually means but it makes me want chinese food. i think i'm getting wonton soup tomorrow.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104083)



Reply

Date: July 16th, 2012 9:59 PM
Author: .,,.....,.,.,.,:,,:,,.:,:::.,,.,:,.,.::.:.,:.::,. (a fool and his money)

if you're not sure about "cool and wanton" you should watch more of The Wire

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104087)



Reply

Date: July 16th, 2012 9:59 PM
Author: .,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,

wrong

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104090)



Reply

Date: July 16th, 2012 10:01 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

since i actually read the statute, nope.

http://law.onecle.com/new-york/penal/PEN0125.26_125.26.html

2. (a) With intent to cause the death of a person less than fourteen

years old, he or she causes the death of such person, and the defendant

acted in an especially cruel and wanton manner pursuant to a course of

conduct intended to inflict and inflicting torture upon the victim prior

to the victim's death. As used in this subdivision, "torture" means the

intentional and depraved infliction of extreme physical pain that is

separate and apart from the pain which otherwise would have been

associated with such cause of death; and

(b) The defendant was more than eighteen years old at the time of the

commission of the crime.

HTH.

the cool and wanton thing is kind of fuzzy to me but i guess it's just basically torture.



(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104116)



Reply

Date: July 16th, 2012 10:08 PM
Author: .,.,...,..,.,..:,,:,...,:::,.;..,:,.,.:,.:.,:.::,

i asked about aggravated homicide, not aggravated murder

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104182)



Reply

Date: July 16th, 2012 10:12 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

bro, there's no such thing as pure agg. homicide. it's either agg. murder, agg. criminally negligent homicide, agg. vehicular homicide, or agg. manslaughter.

GOOD LUCK IN FEBRUARY

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104213)



Reply

Date: July 16th, 2012 9:59 PM
Author: Sabu

What are the enumerated felonies for FM?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104094)



Reply

Date: July 16th, 2012 10:02 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

BRAKES

burglary

robbery

arson

kidnapping

escape

sexual assault

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104128)



Reply

Date: July 16th, 2012 10:03 PM
Author: Sabu

Yeah-yuh, use them mnemonics.

DOWNFALL

SPARERIBS

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104135)



Reply

Date: July 16th, 2012 10:10 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

7-11 store clerk pockets $50 from register, believing in good faith that management stiffed him $50 from overtime and that he is owed the money.

guilty of embezzlement?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104199)



Reply

Date: July 16th, 2012 10:12 PM
Author: Sabu

Doesn't he have custody and not possession?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104211)



Reply

Date: July 16th, 2012 10:19 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

it's fuzzy on that, but the intent is lacking regardless.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104277)



Reply

Date: July 16th, 2012 10:19 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

bingo

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104284)



Reply

Date: July 16th, 2012 10:20 PM
Author: Sabu



(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104292)



Reply

Date: July 16th, 2012 10:19 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

nah. he's a shift manager and the register is assigned to him. he can even organize the bills however he wants in that shit and make night drops at his discretion.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104279)



Reply

Date: July 16th, 2012 10:15 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

well-known pastor of established church pulls aside congregant and tells him that messiah is coming in 2 weeks and "god will reward those who were generous to their spiritual leaders--especially you if you give me $100 cash right now." congregant gives cash. pastor knew messiah not coming and no spiritual reward would be forthcoming.

what crime, if any?



(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104244)



Reply

Date: July 16th, 2012 10:21 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.

Larceny by trick

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104306)



Reply

Date: July 16th, 2012 10:28 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

wrong

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104363)



Reply

Date: July 16th, 2012 10:29 PM
Author: Sabu

Is it false pretenses with cash?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104369)



Reply

Date: July 16th, 2012 10:31 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

fuck if I know, I'm just making this shit up after staring at the elements.

this was designed to be a false pretenses teaser that fails because technically the elements require that the false representation relate to some past or existing fact. "misrepresentation regarding future event is not sufficient." that doesn't really make sense to me and I don't see why it makes sense that this hypo is not false pretenses.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104391)



Reply

Date: July 16th, 2012 10:34 PM
Author: Sabu

Yeah, I've got that outlined. I need to hit the elements harder on the theft crimes, I guess.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104417)



Reply

Date: July 16th, 2012 10:32 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

I think it'd be false pretenses

But keep in mind that in ny, everything is larceny

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104395)



Reply

Date: July 16th, 2012 10:23 PM
Author: Sabu

This would be larceny by trick. Pastor might be able to defend on First Amendment grounds, I'd think.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104317)



Reply

Date: July 16th, 2012 10:28 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

wrong

edit: double wrong. stealing shit and mentioning god in the process is protected by 1st Amendment? lulz. Hope you're not taking CA or NY.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104365)



Reply

Date: July 16th, 2012 10:32 PM
Author: Sabu

Obviously if you had the right evidence that the pastor did not believe there would be any such religious occurrence, you'd be fine. It can be rather difficult to procure, and courts are very wary about questioning the sincerity of religious tenets. You are right that they are more willing to do so in the context of fraud, though.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104397)



Reply

Date: July 16th, 2012 10:38 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

fair enough. good essay answer, shitty MBE answer. the hypo said you had that evidence.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104455)



Reply

Date: July 16th, 2012 10:31 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.

Oof, hit the books bro

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104387)



Reply

Date: July 16th, 2012 10:36 PM
Author: .........:;;;:...:.:.::;;;........................

brehlet, it's false pretenses. He obtained title as well as possession to dat big faced hundred

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104435)



Reply

Date: July 16th, 2012 10:37 PM
Author: Sabu

Yeah, I got it. That was just a stupid brainfart. As shown above, the real issue was that it wasn't a false statement concerning the past or present, so it doesn't qualify.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104453)



Reply

Date: July 16th, 2012 10:42 PM
Author: Sabu

Me and Fish are hanging out in Harlem. Unbeknownst to Fish, I am an undercover NYPD agent. Without any input from him, I come up with a foolproof plan to steal a shitload of money--we're talkin' Biglaw money here--and induce him to commit the crime with me. Fish has a history of criminal activity like this. After some reluctance, he agrees. In preparation for the crime, he steals a gun from some local junkie and meets up with me at the designated time. I proceed to arrest him.

Is Fish guilty of conspiracy? Does he have any defenses?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104503)



Reply

Date: July 16th, 2012 10:46 PM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

Too easy, bro.

He's totes guilty of conspiracy because in NY there's only one guilty mind required for a conspiracy, but he cannot be convicted solely on the basis of your uncorroborated testimony.

He can raise entrapment and the first prong is met because the plan is of your design, but he'll have difficulty meeting the second prong because he will have to prove beyond POTE that he was not already predisposed to committing the crime and the alpha prosecutors will be allowed to introduce evidence of past convictions to show predisposition.

Fish is totes fucked.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104570)



Reply

Date: July 18th, 2012 1:44 AM
Author: ..,.,...,..,.,.,:,,:,..,:::,...,:,.,.:..

What is POTE?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21113108)



Reply

Date: July 18th, 2012 10:29 AM
Author: ,.,.,.,.,.,.,.,.,....,.,.,.,..,....,.,.,.,

preponderance of the evidence; NY requires Ds raising an affirmative defense to prove it.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21114142)



Reply

Date: July 16th, 2012 10:45 PM
Author: ..,.,..,,,..,,,,...,,,.,.,.,..

Sabu, frustrated with his poor mastery of criminal law materials, goes to the store and buys 5 gallons of lighter fluid. He returns to his home--a tent-cabin in a heavily wooded area--which he shares with a roommate. In a rage, he sets fire to the woods surrounding the tent-cabin. The flames lap at the structure, blackening the entire exterior and causing extreme discoloration. Alarmed, the roommate runs out of the tent-cabin, jumps into his car, and peels out. A speeding bus t-bones the car just as it exits the driveway, killing the roommate instantly.

What crimes, if any, did Sabu commit?

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104560)



Reply

Date: July 16th, 2012 10:49 PM
Author: Sabu

Scorching isn't enough for arson.

Second degree manslaughter. Maybe criminally negligent homicide.

(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104625)



Reply

Date: July 16th, 2012 10:55 PM
Author: Sabu



(http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104706)