Assignment:
For EACH of the terms - find a criminal case, a book of nonfiction or fiction, a short story, news article, or a movie from the past 10 years, that best illustrates the term and how it is to be applied. YOU MAN NOT USE examples from the text book.
For each term:
1. identify the term and the elements in the offense, what elements are added or different for each successive more serious offense; make sure you also are aware of any requirements of definitions such as what is physical injury, and if you can, identify if that penal law section has a corroboration requirement to the charge, and is it met.
2. identify the news article, criminal case, book or movie that illustrates the term, and provide clear enough citation for the article, criminal case, book, short story, or movie can be found.
3. specifically explain the facts of the case/story and identify how the story meets each and every element of the offense.
4. remember - some crimes have alternate theories - such as robbery causing physical injury, displaying a weapon, or aided by another actually present. You may use the same story to explain multiple theories PROVIDED you can clearly explain how the story you are offering for the example actually meets the specific subsection.
5. With respect to the larceny and robbery and other sections that have multiple different theories you only need to do a maximum of 3 in a particular sections - so for example grand larceny in the 4th degree has many subsections - just pick 4 of them; but you have to do the subsections in grand larceny 3rd and 2nd as well.
6. It may help you to look at the penal law statutes online; and you may also want to look at the New York State Pattern Criminal Jury Instructions - which the judges use to break down the elements of offenses when explaining charges to the jury.
Use the New York State Penal Law to help you with the elements, and distinctions between offenses:
1. Burglary in the 1st, 2nd and 3rd degrees PL 140.00 et seq.
2. Trespass in the 1st and 2nd degree PL 140.00 et seq.
3. Arson in the 1st, 2nd , 3rd and 5th degrees PL 150.00 et seq.
4. Criminal Mischief in the 1st 2nd and 3rd degree PL 145.00 et seq
5. Identity theft in the 1st, and 2rd degree 190.80 et seq
6. Forgery in the 1st and 2nd degree, Criminal Possession of a Forged Instrument in the 1st and 2nd degree 170.00 et seq.
7. Computer Crimes: Duplication 156.30 Trespass 156.10 Tampering 3rd and 2nd PL 156.25 & 26
8. Bad checks/ check kiting PL 190.00 et seq.
9. Criminal Possession of Stolen Property 5th, 4th and 2nd PL165.00 et seq.
10. Robbery in the 1st through 3rd degrees PL 160.00
11. Unauthorized Use of a Motor Vehicle 1st through 3rd Degrees PL 165.05-165.08
12. Larceny Defined in 155.00, Larceny in the 2nd, 3rd and 4th degree 155.40-155.30 and Petit Larceny 155.25