Shared Flashcard Set

Details

Criminal Law and the Constitution 3
Cases!
10
Law
Undergraduate 3
10/19/2009

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Cards

Term
Miller v. State
Definition
Miller possessed marijuana because the strong scent of marijuana in the vehicle made it impossible for him to have no idea of its presence in the vehicle. He did not possess cocaine because it was not in his control, it was not found near his seat, and testimony alleged he was unaware of his existence.
Term
Koppersmith v. State
Definition
A reckless actor is aware of a risk and disregards it, a negligent actor is not aware of the risk and should've been aware of it. Koppersmith, in pushing his wife off the porch, could've been a negligent actor
Term
United States v. Peterson
Definition
Thr right of self defense cannot be claimed by an aggressor in a conflict so long as he retains that role. The rule of no-retreat that protects an innocent victim of a conflict in unavailable to an aggressor
Term
State v Odell
Definition
M'Naughten Rule: Must prove that one was suffering from severe mental illness at the time of the crime, and because of that illness, did not understand the nature of his act or that the act was wrong.
Term
People v Poplar
Definition
It is the knowledge of the wrongful purpose of the actor plus the encouragement provided by the aider and abettor that makes the latter equally guilty
Term
Young v State
Definition
The conduct of the defendant leading to his apprehension established that he performed the necessary overt act towards the commission of armed robbery, which was more than mere preparation
Term
State v Mays
Definition
"Bumping" a pedestrian with vehicle; question of whether he performed worst form of vehicular homicide and deserved to serve max punishment
Term
State v Hoying
Definition
No remorse, repeated messages, refused to cooperate
Term
Sonnier v State
Definition
Did she have actual knowledge that the speakers were stolen?
Term
Gresham v Peterson
Definition
Statutes against panhandling need to be narrowly tailored to a specific government interest and not too vague.
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