Term
Mistake negating mens rea |
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Definition
Cheek v. U.S. - D stopped paying taxes b/c part of group that said it was unconstitutional
Court says willfully = knowingly
Ignorance of laws is not a defense |
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Term
Fair Notice and Due Process |
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Definition
Lambert v. CA - sex offender didn't know she had to register - court finds not guilty
Conscious avoidance - purposely avoiding knowing the law (need to show high probability of knowledge) |
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Term
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Definition
1) Purposely (more subjective) - intentional, conscious purpose to harm (e.g.,
2) Knowingly (less subjective) - practically certain to result in harm (necessary but not sufficient to purposely)
3) Recklessly - consciously disregards a substantial and unjustifiable risk
4) Negligently - gross deviation from standard of care - should be aware of the substantial and unjustifiable risk |
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Term
When is there a legal duty to act? |
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Definition
1) Special relationship - husband/wife, parent/child, master/servant
2) Contract requires explicit/implicit acts - e.g., contractual duty to care for elderly person
3) Statutory duty - e.g., have to pay federal taxes
4) When D creates risk of harm to victim
5) When D voluntarily assumes care |
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Term
Elements for determining proportionality |
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Definition
1) Gravity of offense versus harshness of punishment
2) How similar crimes are published in this jursidiction and/or
3) In different jurisdictions |
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Term
Proportionality principle |
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Definition
8th Amendment - prohibits cruel and unusual punishment
Kennedy v. Louisiana - man who found guilty of aggravated rape (rape of under 12) his stepdaughter is sentenced to death - court finds punishment "grossly disproportionate" to crime
CHANGING ATTITUDES: used to be common to execute for rape, especially black male-white female |
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Term
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Definition
1) Plain meaning
2) Context clues
3) Look for similar things in list
4) Look at structure of statute
5) Look at statutory amendments
6) Avoid absurdity |
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Term
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Definition
All doubts when reading criminal statutes should be resolved in favor of defendant
E.g., U.S. v. Dauray (child porn case - statute said "contain visual depictions; D argued the porn ARE visual depictions - argument against ambiguous statutes) |
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Term
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Definition
1) Deterrence - punish one person to deter general society, e.g. People v. Suitte (upstanding citizen and family man is punished for possessing gun)
2) Rehabilitation - educating on why one shouldn't do it again (recidivism)
3) Retribution - justifies punishment
4) Isolation - isolate the perpetrator so they can't do it again |
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Term
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Definition
Malum inse - crime that's inherently immoral (murder)
Malum prohibitum - crime that's bad because society has decided it's bad and made statutes prohibiting it (parking violations, gambling, restrictions on gun ownership) |
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Term
Legislative intent of statutes (cases) |
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Definition
State v. Tippetts - D, searched at home, taken to jail and searched again - found marijuana - charged with supplying contraband to prisons - court finds no voluntary act b/c statute requires awareness
Ewing v. California - D with many priors commits grand theft - Three Strikes Law in CA, judge can choose to classify as felony or misdemeanor - court goes with felony to set example to reduce incentive for recidivism |
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Term
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Definition
1) Conscious object to cause certain result or to engage in certain conduct
2) Knowledge to a virtual certainty that particular harm will occur
e.g., State v. Fugate - intent to kill can be presumed when natural and probable consequence of wrongful act is to produce death - deduced from circumstances and weapons |
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Term
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Definition
Actual causation - but-for test (but for D's conduct, would P have been harmed?)
Proximate - intervening cause analysis
Dependent - cause dependent on D's voluntary act (easier to show)
Independent - cause is independent
e.g., driving drunk and in correct lane, hit pothole on road where you live - foreseeable
Usually NOT proximate UNLESS foreseeable |
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Term
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Definition
Commonwealth v. Rementer - D was assaulting girlfriend; girlfriend running to get help, is fatally hit by third-party car
State v. Govan - D shoots girlfriend, which causes her to become quadriplegic, and she dies from pneumonia 5 yrs later that she was more susceptible to b/c of quadriplegia
FORESEEABILITY IS TOUCHSTONE - reasonable actions are foreseeable
D's conduct does not need to be the sole cause to show causal connection |
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Term
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Definition
Temporal concurrence - D must have mens rea at the same moment D's voluntary conduct (or omission) causes social harm (actus reus)
Motivational concurrence - mens rea must be motivating force behind actus reus
e.g., Thabo Meli v. Reginam - Ds accused of getting man drunk, hitting him on head - Ds thought they had killed him and put him outside - but victim actually died of exposure - court finds guilty even though MR and AR were not in concert at time of victim's death b/c Ds already thought they had killed him |
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Term
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Definition
Murder - unlawful killing of human being by another human being with malice aforethought (purposely and knowingly)
Manslaughter - unlawful killing of human being by another human being WITHOUT malice aforethought (recklessly and negligently)
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Term
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Definition
When any of the following are present:
1) intent to kill;
2) intent to commit serious bodily injury; (prevents Ds from saying "I didn't mean to kill")
3) "abandoned and malignant heart"/"depraved heart" murder (something morally defective about Ds)
4) felony murder rules (when you're committing a felony and someone dies during it, guilty of murder) |
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Term
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Definition
1) Bodily movement
2) Performed consciously
3) Conscious possession/control of property
State v. Decina - D seizes while driving - court finds D knew of condition and was negligent to drive - consider: time frame, concurrence |
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Term
Law-abiding person versus reasonable person |
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Definition
Always abide by law vs. don't always abide by laws, but follow what is reasonable
e.g., drunk driver drives down isolated country road - reasonable man would give this weight, law-abiding man would not |
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Term
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Definition
Requirement of Purpose Satisfied if Purpose is Conditional
e.g., actor has gun - if victim resists, will use gun, if victim doesn't resist, won't use gun - STILL armed robbery - just b/c condition never arises, doesn't mean mens rea can't be considered |
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