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19 Cards in this Set
- Front
- Back
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Flinchpaugh
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After car crash, perp has coke in blood stream. Court held that:
1. Drugs in stream are beyond user's control 2. Can be used as circumstantial evidence only when admission, observation by police, etc |
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TXPC Definition of ACT
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[1.07a1] bodily movement (voluntary/involuntary) & speech
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TPC Voluntary
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[6.01] Offense only if Def voluntarily engages in conduct
1. Conduct=act, omission, poss. NOTICE: TPC DN list MPC invol acts, so argue that shows intent not to allow those as defenses |
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MPC Voluntary
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[2.01(1)]
1. Offense iff vol act/omission 2. D capable of perf. (2) Not vol if 1.reflex/convulsion 2.unconsc or asleep 3.hypnosis 4.not prod of D's will or habit |
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Powell
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No crim liability for status, but can be liability for status-related acts (public drunkenness)
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Jones v. City of LA
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no punishment for sleeping on the street (can't punish homelessness as status)
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Voluntary Intox (CL)
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Old CL: No Defense
New CL: Defense only to S/I crime |
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TPC Vol Intox
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8.04
1. Voluntary Intoxication no Def 2. Voluntary Intox-->insanity may mitigate penalty |
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MPC Vol Intox
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1 Defense if negates element
2 NO DEFENSE to R if def would have been aware of risk if sober |
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Engelhoff
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Voluntary Intox not required by DP if negates MR
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Terry Test
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Devise plan?
Operate Equip? Instruct others? Carry out acts req phys skill? |
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What is involuntary intox?
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Maj: ingested b/c unaware was intoxicant, or unexpected rxn to prescrip
NOT Alcoholic Didn't intend to get so drunk settled insanity NOTE usually tied to def of insanity |
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MPC Invol Intox
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2.08(4)
Aff Def if 1. Intox a. not self-induced OR b. pathological 2. Defendant a. can't appr. wrongfulness OR b. lost abil to conform to law |
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TPC Insanity
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8.01
Affirmative Defense if D not K conduct was wrong |
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TPC Possession
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6.01b
Poss voluntary act iff 1. K obtains/recs item OR 2. aware of control for suff time to be able to terminate control 3. exact same as MPC |
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MPC Possession
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2.01(4)
1. K obtains/recs item OR 2. aware of control for suff time to be able to terminate control 3. exact same as TPC |
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TPC Omission
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6.01(c)
Omission not offense unless statute says so OR duty to perform *Same for MPC |
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Omission generally
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1. must be duty AND def must be CAPABLE
2. don't have to jeapordize own life 3. Prob no duty to summon aid for attacker |
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Circumstances creating duty to aid?
How to breach? |
1. contract
2. status relationship 3. vol assumes care 4. cause victim's distress 5. duty to control 3P In order to breach 1. Possible to aid 2. K need to aid |
