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Definition
| drunk in public: non-vountary |
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being homeless not voluntary act;
also no duty of family friend to child |
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Definition
| unconsciousness negates voluntary act |
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Definition
| seizure while driving is found to be voluntary; voluntary act was deciding to drive |
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| cruise control is a voluntary act, even if it malfunctions |
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Definition
| no duty of social host to protect baby from mother |
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Definition
| no duty towards affair partner |
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Definition
duty for stepmother to stepchild;
also no time too short for premeditation |
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Definition
| no duty for live in boyfriend to child |
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Definition
| no duty of doctor to save patient beyond reasonable care |
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Definition
| civil negligence enough for criminal prosecution for oil spill |
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Definition
| civil negligence not enough to convict in criminal court |
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Definition
| willful blindness enough for conviction: 1) high probability of illegality and 2) D doesn't honestly believe he is acting innocently |
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Definition
| ostrich instruction; willful non-knowledge enough for knowledge mens rea |
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Term
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Definition
| injury by gas leak not intended from stealing of gas heater - no malice |
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Definition
| no intent for ship explosion from rum fumes |
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Definition
| SL for statutory rape - conduct rule v decision rule |
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Term
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Definition
| used legislative scheme to find SL for statutory rape |
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Definition
| no SL for statutory rape. reasonable mistake enough to exculpate |
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Definition
| SL for regulatory/labeling crimes |
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Definition
| imply mens rea for material element of crime, not SL when silent |
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Definition
| not SL for gun regulation - too broad |
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Term
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Definition
| debate as to what knowingly modifies in child porn case |
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Term
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Definition
| no criminal SL for vicarious liability |
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Term
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Definition
| gun in nightclub - MOL no defense |
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Term
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Definition
| misunderstood vermont divorce law - MOL no defense |
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Term
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Definition
| ripping up floorboards can use MOL defense because he thought it was his property |
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Term
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Definition
| MOL is a defense if the statute makes it one - tax violation requires willingly violate |
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Term
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Definition
| knowingly violate means knowingly do the action that violates - regulatory, SL ok |
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Term
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Definition
| knowingly violate means you know your action is in violation - SL too broad for food stamp cases |
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Term
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Definition
| relying on case law that is later overturned is OK for MOL |
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Term
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Definition
| MOL not a defense when you rely on lawyer advice |
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Term
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Definition
| registration of felon: MOL a defense when passive |
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Term
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Definition
| due process limits state's ability to criminalize private activity |
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Term
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Definition
| court makes up a new crime to find Ds liable. bad decision |
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Term
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Definition
| airplane isn't a vehicle: can't expand statutory lists w/o clear reason |
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Term
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Definition
| canons of construction - child porn rules not clear in statute - lenity applied |
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Term
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Definition
| murder statute doesn't include fetus as human being - no notice |
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Term
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Definition
| ex post facto: can't hold D liable for activity that was not illegal before |
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Term
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Definition
| statute of limitations expansion for stabbing: courts have right to judicial interpretation that falls short of creating new laws |
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Term
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Definition
| 3 strikes OK for recidivist, even though crime was small |
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Term
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Definition
| upheld LWP for recidivist |
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Term
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Definition
| LWOP overturned for recidivist |
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Term
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Definition
| LWOP affirmed for first time drug offender |
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Term
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Definition
| 3 strikes upheld for recidivist |
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Definition
| some time needed for premeditation |
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Definition
| explosion of violence inconsistent with premeditation - no murder |
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Term
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Definition
| commentary on Anderson case and how we should be able to punish those people the most |
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Term
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Definition
| words are not enough for provocation |
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Term
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Definition
| witnessing of adultery is enough for provocation |
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Term
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Definition
| crazy stalker killer not objectively EED - no provocation |
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Term
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Definition
| drug dealer killer no provocation - no EED |
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Term
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Definition
| russian roulette - enough for depraved indifference - maligned heart: gross recklessness with reasonable anticipation of death |
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Term
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Definition
| driving drunk on wrong side of freeway is depraved |
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Term
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Definition
| driving to bar knowing you have to drive home drunk is depraved |
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Term
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Definition
| MA reckless manslaughter - grave danger plus either recklessness or negligence |
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Term
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Definition
| skiier: reckless manslaughter - substantial for recklessness can be less than 50% |
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Term
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Definition
| civil negligence enough to convict for homicide in this case |
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Term
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Definition
| DP unconstitutional as it was - too arbitrary |
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Term
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Definition
| DP ok as long as there is bifurcated trial, guided discretion |
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Definition
| DP not racist despite study, still constitutional |
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Definition
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Term
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Definition
| no DP for mentally retarded person |
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Term
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Definition
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Term
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Definition
| reasonable fear enough to satisfy force for rape |
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Term
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Definition
| ex-girlfriend: no resistance can't satisfy rape |
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Term
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Definition
| passive resistance plus no objective fear not enough for rape |
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Term
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Definition
| threat not to graduate not enough for rape |
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Term
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Definition
| threat to send back to foster home not enough for rape |
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Term
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Definition
| broad rape - penetration is enough for force |
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Term
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Definition
| SL ok for violent force rape, not for non-violent force |
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Term
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Definition
| knowledge is never mens rea for non-consent in rape |
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Term
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Definition
| prox cause: foreseeable means not extremely unlikely |
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Term
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Definition
| D's acts don't need to be sole and exclusive factor for prox cause |
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Term
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Definition
| D can be prox cause if sufficiently direct cause - ultimate harm need not be intended |
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Term
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Definition
| exculpated from stabbing because V would have lived were it not for doctor's unrelated malpractice |
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Term
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Definition
| no prox cause if can't find triggering cause |
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Term
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Definition
| can find prox cause without triggering cause if D created dangerous condition |
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Term
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Definition
| self defense needs objectivity |
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Term
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Definition
| BWS admissible for objective and subjective understanding for self-defense |
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Term
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Definition
| BWS doesn't get rid of imminence |
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Term
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Definition
| imminence and reasonableness of duress up to jury |
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Term
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Definition
| mere threats to march through cold not enough for imminence |
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Term
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Definition
| not reasonable duress if there is chance to escape |
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Term
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Definition
| drug smuggler: canadian invalidation of imminence requirement |
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Term
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Definition
| frame assault as a general intent crime so intoxication is not admissible |
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Term
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Definition
| assault with intent to rob is treated as general intent - no intoxication defense |
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Term
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Definition
| elimination of intoxication as admissible evidence in MT |
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Term
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Definition
| intoxication admissible if tricked into drinking/drug taking and doing action |
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Term
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Definition
| HIV case - no purpose for intent to murder |
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Term
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Definition
| intent satisfied for attempt by shooting into car window |
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Term
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Definition
| dangerous proximity test found that preparation for bank robbery not enough for attempt |
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Term
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Definition
| flashing lights to signal to underage girl not within dangerous proximity |
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Term
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Definition
| equivocality test used to find attempt - used racial biases to find |
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Term
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Definition
| MPC attempt case: substantial step taken by preparation for robbery |
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Term
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Definition
| setting a bill trap (appointment) not enough of a substantial step for attempted robbery |
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Term
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Definition
| drug dealer who wouldn't open package didn't take substantial step - no attempt |
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Term
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Definition
| not guilty of attempt due to legal impossibility |
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Term
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Definition
| guilty of attempted murder even though impossible - MPC standard |
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Term
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Definition
| hiring a guy to kill wife is not attempt - just a solicitation unaccompanied by overt act |
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Term
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Definition
| solicitation is a substantial step - can be seen as an attempt |
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Term
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Definition
| indian shooting: purpose needed for aiding |
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Term
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Definition
| drug map - nexus needed for proof of intent to aid |
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Term
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Definition
| killing of prison guard: knowledge enough for aiding for serious crimes |
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Term
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Definition
| aiding can be found for acts that are reasonably foreseeable from the helping |
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Term
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Definition
| limits Luparello: actor only liable for crimes that are committed in the ordinary course of things |
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Term
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Definition
| once conspiracy is completed, a new one needs to be put together to hold conspirators liable for further actions |
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Term
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Definition
| enough for conspiracy that each conspirator adhered to scheme and knew that concerted action is contemplated or invited |
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Term
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Definition
| party gang shooting: guilt by association is too broad - need planning to have conspiracy |
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Term
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Definition
| vendors can have liability through knowledge if they have interest in the crime |
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Term
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Definition
| conspirators are liable for reasonably foreseeable crimes done in furtherance of the conspiracy |
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Term
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Definition
| party shooting where group brought guns to hold people back: liability for shooting because it is natural consequence of conspiracy |
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Term
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Definition
| limit of Pinkerton: limited liability for actors based on level of involvement or knowledge |
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Term
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Definition
| prox cause found from stabbing when V stabbed and doctors negligently treated him |
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Term
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Definition
| not enough for attempt using equivocality when D walked towards V and loaded his gun |
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