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Criminal Law
Criminal Cases
| Term | Definition |
|---|---|
| Owens v State | Presumption of Innocence (Circumstantial Evidence) Owens sat unconscious, drunk in his vehicle with the car running Found guilty on circumstantial evidence |
| The Queen v Dudley and Stephens | Punishment Two cannibals convicted of murder on the high sea |
| People v Du People v Superior Court (Du) | Punishment Probation for Voluntary Manslaughter Teen girl shot from behind by store owner over OJ |
| U.S. v Gementera | Punishment Mail thief forced to hold sign proclaiming he is a theif |
| Coker v Georgia | 8th Amendment Escaped convict robs a family and rapes the wife The death penalty is too excessive for any crimes not resulting in death |
| Ewing v California | 8th Amendment Stole 3 golf clubs and got 25 years Three strike rules are constitutional |
| Commonwealth v Mochan | Court Law Making Ability Man kept calling a married woman to have lewd conversations Court created a misdemeanor that was not in the criminal code out of common law |
| Keeler v Superior Court | Court Law Making Ability Court refused to stretch definition of human to include viable, unborn babies |
| In re Banks | Vagueness Peeping Tom law was not unconstitionally vague because it used narrow and definite language |
| Desertain v City of Los Angeles | Vagueness Law against living in your car was unconstitutionally vague because it did not list specific behaviours that violated the law. It was arbitrarily and discriminately enforced |
| Muscarello v United States | Carrying Defined carrying to incude having a gun in your car |
| Martin v State | Actus Reus Drunk man carried to highway- not volitional |
| State v Utter | Actus Reus War veteran shoots son- volitional |
| People v Beardsley | Duty to Care- Omission House of Assignation No Legal Duty |
| Barber v Superior Court | Duty to Care Doctors take man off life support |
| US v. Cordoba-Hincapie | History of mens rea |
| Regina v. Cunningham | Mens rea (Recklessness) Partial asphyxiation by Gas Meter Dispute over jury instructions for Maliciousness (Not wickedness, but recklessness) |
| People v. Conley | Mens rea (Intentionally or Knowingly) Transferred Intent House Party Aggravated Battery w/ Wine Bottle One intends the natural and probable cause of his actions. |
| State v. Nations | Mens rea (Knowingly) Willful Blindness- Model Penal Code Scantily Clad Minor Dancing at the Disco |
| State v. Miles | Mens rea (Knowingly) Walter White Defendant didn't need to know what drugs was in the package, just that there was drugs Legislative intent |
| Morissette v. United States | No mens rea Thrifting bomb casings Just because the statute doesn't list a specific mens rea doesn't mean there isn't one |
| Garnett v. State | No mens rea (Strict liability?) A mentally handicapped person commits statutory rape Some statutes that don't mention mens rea are strict liability if purposefully omitted by legislature |
| People v. Navarro | Honest Mistakes under the Law Stealing lumber though to be abandoned If there is specific intent, then making an honest mistake precludes the mental state necessary. |
| People v. Marrero | Ignorance of the Law Ct prison guard brought loaded, unlicensed gun to NY social club Mistakes of law only an excuse in 1) specific intent cases and 2) acting under a statute later found erroneous |
| Velazquez v. State | Proximate Cause Drag race death Decedent decided to race of his own volition |
| Oxendine v. State | Proximate Cause- Acceleration Child beating case (pushed in bathtub) If the first injury is life threatening then the second injury must accelerate the death in order to be a proximate cause. |
| People v. Rideout | Proximate Cause Drunk driver causes accident and two men check on drunk driver then go back into road and gets hit. 6 Factor Test |
| State v. Guthrie | Murder- Premeditation Bus boy snapped on nose Premeditation time can vary and depends on person; enough time to have prior consideration and be fully conscious of what you intend |
| Midgett v. State | Murder- Premeditation Child beat/starved to death Midgett intended to beat son in drunken rage, but that doesn't equate to premeditation or he had no intent at all he just planned to beat him. |
| State v. Forrest | Murder- Premeditation Mercy killing father 1) No Provocation, 2) Conduct & statements before & after, 3) Threats & declarations, 4) Ill-will or previous difficulty, 5) Lethal blows after victim is helpless, 6) Brutal Manner Nature & # of wounds |
| Girouard v. State | Murder to Manslaughter- Provocation Army couple killing 1. Adequate provocation 2. Killing must have been in heat of passion 3. Sudden 4. Causal connection between provocation, passion, and fatal act |
| People v. Casassa | Murder to Manslaughter- Extreme Emotional Disturbance Crazy stalker ex rejected 1) Subjective: Def must have acted under influence of extreme emotional disturbance 2) Objective: Reasonable explanation or excuse |
| People v. Knoller | Murder- Implied Malice Nazi dogs Good Morning America Implied Malice- killing is proximately caused by a life endangering act deliberately performed by one who knows its endangering and acts with conscious disregard for life. |
| State v. Williams | Involuntary Manslaughter Native American child gangrene Simple, ordinary negligence is enough to justify manslaughter, and ordinary caution is an excuse (Based on WA statute) |
| People v. Fuller | Felony Murder Rule Car accident death during police chase for stealing tired Model Penal Code felony rule Shouldn't be applied here because it's too harsh for an act with no expectation of using violence. |
| Fisher v. State | FMR Child abuse isn't an enumerated felony. Danger to life of a residual felony is determined by A) nature of crime or B) manner in which it was perpetrated, if felonious conduct makes death a foreseeable consequence it's reasonable to infer malice. |
| People v. Smith | FMR Child abuse led to death Felony murder rule cannot be applied when the purpose of the conduct was the very assault which resulted in death. |
| State v. Sophophone | FMR Accomplice shot by cop while defendant is in custody You’re imputed to your accomplices action, but not the antagonistic party |
| Gregg v. Georgia | Capital Murder Georgia law of murder and two aggravated circumstances Bifurcated sentencing, standard guide, and procedure requiring jury to consider circumstance of crime and criminal. This process does not violate the eighth amendment. |
| McCleskey v Kemp | Capital Murder Baldus study proves race plays a role in capital sentencing, argued it violated 8th and 14th Discretion is essential to the criminal justice process and it must be proven you've been purposefully discriminated against. |
| Payne v. Tennessee | Victim Impact Statement Payne kills girlfriend's neighbor and her kids by stabbing her 42 times Reverses previous precedent to allow VIS because it shows uniqueness of the inidividual |
| Tison v. Arizona | Capital Felony Murder Rule Brothers broke father out of prison and flagged down a family that he killed Major participation in the felony committed, with reckless indifference to human life, is sufficient to satisfy the Edmund culpability requirement. |
| State v. Alston | Rape Previous relationship had ended, but the boyfriend wanted to sleep with her one more time. General fear is not sufficient to show that the defendant used the force required to support a conviction |
| Rusk v. State | Rape Post high school reunion rape Must have legally sufficient evidence for jury to find victim was reasonably in fear- fear must be generated by something of substance. |
| Commonwealth v. Berkowitz | Rape dorm room rape Verbal resistance is not enough unless coupled with threat of forcible compulsion, mental coercion, or actual physical force |
| State of New Jersey in the Interest of M.T.S. | Rape M.T.S. made a "surprise visit" to C.G.'s bedroom Penetration is enough force to justify sexual assault if there is no consent |
| Boro v. Superior Court | Rape (Fraud in Factum) Has sex with man as life-saving medical procedure If deception causes a misunderstanding as to the fact itself (factum) there is no consent, but consent induced by fraud is effective. |
| Commonwealth v. Lopez | Rape Foster child goes into woods with stranger Rape is a general intent crime at common law so the only needed intent is the intent to perform the sexual act. |
| State v. Herndon | Rape Facts about Rape Shield Law |
| People v. Wilhelm | Rape Woman allows other men in bar to touch and see her breast, evidence not admitted Rape shield laws protect public and private conduct. Consensual activities with a third party are not relevant to activities with defendant. |
| Patterson v. New York | Extreme Emotional Disturbance Sees estranged wife undressed with another man and shoots the man twice in the head Affirmative defenses are defendant's burden to prove. |
| U.S. v. Peterson | Self-Defense Shot guys stealing his wiper blades after going to safety of his house to grab gun If you are the aggressor in a conflict culminating in death, self-defense is not available to you |
| People v. Goetz | Self-Defense Shoots four youths on subway very deliberately Reasonable belief is objective |
| State v. Wanrow | Self-Defense Possible child predator enters house and is shot without present violent behavior. Self-defense considered in light of all circumstances not just those immediately occurring to killing |
| State v. Norman | Self-Defense (Battered Wife Syndrome) Woman shoots sleeping husband in bed. Objectively, there was no imminent threat, he was asleep. Objective and Subjective standard. |
| State v. Giminski | Defense of Others Elva, secret service agent, dad with gun Defense of others requires subjective and objective belief Instruction required if any foundation in the evidence, viewed in light most favorable to defendant and the giving of the instruction |
| State v. Boyett | Defense of Habitation Love triangle leads to Wilder's ex being shot outside the door by Wilder's fiancé. Defense of habitation doesn't require felon to be inside if the person is seeking to commit a felony and is assaulting the home to commit a felony |
| Nelson v. State | Necessity Use expensive equipment from Highway Dep't to get car unstuck 1) Act done to prevent a significant evil, 2) no adequate alternatives, and 3) harm done not disproportionate to harm avoided |
| US v. Contento-Pachon | Duress Taxi cab driver forced to be a drug mule 1. An immediate threat of death or SBH, 2. Well-grounded fear that the threat will be carried out, and 3. No reasonable opportunity to escape the threatened harm |
| State v. Johnson | Insanity History of Criminal Responsibility Standards |
| State v. Wilson | Insanity Believes friend hypnotized him, drugged him, and ruined his life. Kills friend's dad who he thinks is in on it. Did not appreciate the wrongfulness of his conduct (killing Hitler) |
| Yates v. State | Insanity Wife drowns children |
| Kansas v. Kahler | Insanity Man kills estranged wife, his two daughters, and his wife's grandmother. Moral incapacity isn’t enough, must negate mens rea, and this is not against due process. |
| Clark v. Arizona | Diminished Capacity Clark killed police officer, maybe thinking he was an alien Mental disease evidence has potential to mislead and expert opinions are problematic because they add opinion (Dissent: contested evidence is not unreliable) |
| In re Devon | Infancy- Capacity Middle schooler sells heroin At 13 there is a rebuttable presumption of incapacity, court feels as if it was successfully rebutted here |
| Latimer v The Queen | Assisted Suicide/ Euthanasia Father kills daughter with cerebral palsy who was in constant pain. Necessity not available here- there were legal alternatives, death is not proportional, and danger was not imminent |
| Robinson v. California | Constitutional Defense/ Status Crime California law makes being addicted to narcotics criminal (Status Offense) This statute is against the constitution- punishing someone for an illness is cruel and unusual |
| People v. Gentry | Inchoate Crimes- Attempt Poured gasoline on his girlfriend and it lit on fire when she approached stove. Specific intent to kill so knowingly does not fall within the mens rea |
| Commonwealth v. Peaslee | Inchoate Crimes- Attempt Set up combustibles around room in preparation to burn it down, decided against it. Attempt is an act seemingly sufficient to accomplish the end; it is not mere preparation |
| People v. Rizzo | Inchoate Crimes- Attempt Defendant drives with group of guys and guns to find Rao with a bank check. Never found Rao before police intervened. Dangerous Proximity- Act amounts to attempt when it is so near to result that the danger is great; very near. |
| State v. Reeves | Inchoate Crimes- Attempt Two twelve year olds bring rat poison to school to poison their teacher Convicted because possessed materials to be used in the crime and that was a substantial step |
| Commonwealth v. McCloskey | Inchoate Crimes- Attempt- Abandonment Man tries to escape prison, but stops after jumping fence while still being within prison walls Abandonment of an escape plan is not an attempt because they are only contemplating an escape |
| State v. Mann | Inchoate Crimes- Solicitation Definition and facts about solicitation |
| State v. Cotton | Inchoate Crimes- Solicitation Man SA his step daughter and writes to his wife from prison asking his wife to convince the daughter not to testify Under MPC actual communication of solicitation isn't required, but in this case the state requires it |
| People v. Carter | Inchoate Crimes- Conspiracy Definition of Conspiracy and Double Intent (To combine and to accomplish) |
| Pinkerton v. United States | Inchoate Crimes- Conspiracy Brother commits tax fraud while other brother is in the penitentiary. They were in a continuous conspiracy so the brother had to of made an affirmative action to withdraw if he wanted to get out of it, he did not |
| People v. Swain | Inchoate Crimes- Conspiracy Two men part of a drive by shooting that killed a boy Can not be sentenced with conspiracy to commit second degree murder through implied malice because conspiracy requires intent to kill |
| People v. Lauria | Inchoate Crimes- Conspiracy Lauria runs a telephone answering service on which prostitutes conduct their business His knowledge of the illegal practice could not be inferred to mean he intended the crime to result because had no special interest. |
| Commonwealth v. Azim | Inchoate Crimes- Conspiracy Azim drove men who got out of car and beat and stole from someone then Azim drove them away The overt act of driving someone to the scene of a crime is enough |
| People v. Foster | Inchoate Crimes- Conspiracy Man approached Ragsdae in bar to rob an old man, Ragsdale reported it and never actually intended to conspire Unilateral conspiracy is not okay in Illinois, is okay in MPC |
| State v. Ward | Accomplice Liability Explains difference between first and second degree and types of accessories |
| Stater v. Hoselton | Accomplice Lability Stood outside while buddies stole from a barge Lookouts are abettors, but they must be prearranged and Hoselton was not a prearranged lookout |
| Riley v. State | Accomplice Liability Riley and Portalla drive by shoot at a group of young people Only needs intent to promote the crime not the intent of the actual crime itself |
| State v. Linscott | Accomplice Liability Agreed to rob a drug dealer then his accomplice murders someone Only need proof that a person intended to promote the primary crime and that the secondary crime was a foreseeable consequence for Linscott to be accomplice to murder |
| State v. V.T. | Accomplice Liability VT brought friends on his aunts house where they stole a gun and camcorder His mere presence does not meet the actus reus required for accomplice liability |
| State v. Helmstein | Accomplice Liability Helmstein and friends knock over a store All of his friends end up being an accomplice to the act so their testimony has to be corroborated by other evidence that connects the defendant to the commission of the offense. |
| People v. Genoa | Accomplice Liability Undercover police officer got money from Genoa to buy and distribute cocaine The crime was never actually committed because the officer didn't buy cocaine so Genoa is not an accomplice |
| Bailey v. Commonwealth | Accomplice Liability Bailey hates his neighbor Murdock and somehow convinced Murdock to shoot at police (bad vision, drunk, thought it was Bailey) Principal in First- one who effects a criminal act through an innocent or unwitting agent |
| United States v. Lopez | Accomplice Liability Guy helps girlfriend escape prison and she claims necessity because of threats to her life If the girlfriend was found not guilty by necessity then no crime was committed and the defendant may not be liable |
| People v. McCoy | Accomplice Liability Aiders and abettors can be charged with greater time They have same actus reus as the accomplice, but not the same mens rea |
| In Re Meagan R. | Accomplice Liability Meagan did not abet in her own statutory rape You cannot abet in a crime that you are the victim of |
| State v. Formella | Accomplice Liability Defendant stopped being lookouts to a group of other students while they were in the act of stealing an exam The defendant may have stopped his complicity, but didn't tell police or deprive his effectiveness in committing the crime |
| Commonwealth v. Koczwara | Vicarious Liability Bar owner charged with serving alcohol to minors because his employees did it outside of his consent or knowledge Vicarious liability is allowed for fine, but not for prison Minority opinion says no vicarious liability ever |
| State v. Christy Pontiac-GMC, Inc. | Vicarious Liability Employee forges rebate requests and dealership pockets money Corporation is liable because the employee was in scope of his job, the dealership benefited, and the act was ratified by management. |
| Lee v. State | History and Background of Theft Crimes |
| State v. Jones | Larceny Jones received 120k in account by accident and removed the money before it could be fixed The company still had constructive possession of the money because they could still control it until Jones took it out and deprived them of that possession |
| US v. Mafnas | Larceny Armored vehicle driver takes bank notes while transporting bags When a bailee breaks bulk (opening the bag) and takes something they have committed larceny |
| Brooks v. State | Larceny Man lost package of banks bills which was later picked up by Brooks Brooks concealed money and did not deal honestly with it plus he wanted to use it for himself. Dissent says Brooks did not have intent to steal at the time of the possession |
| Lund v. Commonwealth | Larceny PhD student did some unauthorized research Statutorily he could not have stolen the service of the computer and the goods he did steal (computer card) was too cheap |
| People v. Brown | Larceny Brown stills his bully's bike wheel His actions did not show intent to deprive permanently, just trespass |
| People v. Davis | Larceny Tried to return an unbought shirt for a refund Even though this doesn't literally mean he intends to permanently deprive it falls under one of the three exceptions in this case. Substantial risk of loss, conditional return, assertion of owner |
| Rex v. Bazeley | Embezzlement Origin Story Bank teller pockets money and uses it. Technically never under the possession of the bank so no larceny. |
| People v. Ingram | Types of Theft |
| People v. Wright | Theft by False Pretense Man uses an ATM card attached to a defunct account to withdraw thousands of dollars Made false pretense that he had money in his account |
| US v. Czubinski | Computer, Wire Fraud Secret KKK IRS guy uses clearance to look up tax returns of his enemy No bigger scheme, Didn't obtain anything of value |
Created by:
edelee