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Details

Crim Cases
Crim Cases
115
Criminal Justice
Graduate
11/23/2010

Additional Criminal Justice Flashcards

 


 

Cards

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