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62 Cards in this Set
- Front
- Back
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Utilitarianism
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pain=bad. Punishment-pain.
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Retributivism
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People get what they deserve
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Queen v. Dudley and Stephens
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Life Boat Necessity
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Owens Case
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Found drunk in truck
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Commonwealth v. Mochan
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repeatedly calling - lewd, moral, and lascivious woman, - not prohibited in PA by statute. However the prosecutor offered that it was unlawful under PA common law,
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Keeler v Superior Court
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pregnant - husband struck her abdomen - death of child
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In Re Banks
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peering into window of a woman
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City of Chicago v Morales
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Loitering- cities street gangs
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United States v Foster
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truck bed, in a zipped up bag under a snapped down tarp, they found a loaded 9mm, semiautomatic in a bucket. Drug paraphernalia in bucket
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Martin v State
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Drunk, took him onto public highway
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State v Utter
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father stabbed son Defendant drinking heavily - member of armed forces- conditioned response
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People v Beardsley
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wife out of town, -drank liquor -young man was told to get morphine and camphor by the woman- woman dies
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Barber v Superior Court
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surgery- "all machines taken off that were sustaining life". -continued to breathe, but showed no signs of improvement.
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United States v Cordoba- Hincapie
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Mens rea - guilty mind, guilty or wrongful purpose, a criminal intent. Internal part of a crime - initially at common law, the mens rea was pretty general, a sense of moral blameworthiness . We have made mens rea states much more specific, that apply to specific elements of the crime.
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Regina v Cunnigham
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gas meter off the wall
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People v Conley
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confrontation at party, leave -Conley attempted to strike Marty in the face but he ducked and hit Plaintff
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State v Nations
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scantily clad 16 year old
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United States v Morris
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Internet Worm
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Staples v United States
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Modified Ar 15
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Garnett v State
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20 years old - retarded. - 16 y/o Erica's house, -gave birth to a baby -
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People v Navarro
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stole four wooden beams from a construction site.
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Cheek v United States
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Did not file taxes
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People v Marrero
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corrections officer with pistol
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Velazquez v State
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Dragrace
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Oxendine v State
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beating death - 6 year old son- pushed into bath tub by defendant's girlfriend. Thought that the decedent was exaggerating died enroute to hospital
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Kibbe v Henderson
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-refused service - knowing that they were going to rob the decedent - abandoned -truck struck the decedent who stood in the middle of the road
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State v. Rose
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leaving scene struck pedestrian,-body thrown on hood -lodged under car
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People v Eulo
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the victim - victims brain functions irreversibly ceased to function
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State v Guthrie
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dishwashers- poking fun- pulled a knife out -instant
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Ragueso
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Parking space
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Carroll
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calm and collected
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Midgett v State
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- Defendant 6'2'' - 300 pounds. Decedent- 8 year weighed 38-40 pounds. Appellant walked in hospital with body in arms saying something wrong. Blunt force trauma from a fist – father beat son
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State v Forrest
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critically ill father - NO CODE- shot in head 4 times
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Giourard v State
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pulling his hair. - knife hid it behind the pillow. She continued to taunt the defendant and he proceeded to stab her 19 times
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Attorney General for Jersey v Holley
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alcoholics. told the defendant she had just had sex with another man. Had axe, haven't got the guts and defendant struck her 7-8 times
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People v Casassa
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same apartment complex- decedent rejected stab decedent in the throat, submerged her in the bath tub to make sure she was dead.
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Berry v Superior Court
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- defendants pitbull. defendants dog had attacked decedent.
i) Ddepraved indifference of human life |
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People v Nieto Benitez
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Second degree murder is defined as the unlawful killing of a human being with malice aforethought, but without
- Willfulness - Premeditation - Deliberation |
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State v Hernandez
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overcorrected vehicle around curve-visor w/ alcohol buttons.
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State v Williams
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failing to supply 17 month old proper medical care
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People v Fuller
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stealing spare tires high speed chase - ran a red light, killed other driver
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People v Howard
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Chevy Tahoe with no rear plate-violated several traffic laws - terminated the pursuit. - ran a red light an killed the driver of the car he collided with
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People v Robertson
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remove the vehicles hubcaps. fired shots at the victim, shooting Harris in the foot and fatally wounding Riley in the back of the head.
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State v Sophophone
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– burglary -defendant apprehended decedent fired at officer O kills D
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Brown v State
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Looking for evidence that the victim resisted to the utmost.
Emphasis is put on what the victim did or what the victim failed to do. Rape can be without violence, because of fear More resistance there was, the more likely the victim is to get hurt Fear by men of being falsely accused of the crime of rape- suspicion of women as witness or complainants |
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State v Alston
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casually dated- confronted the victim. - grabbed arm,- would have taken effort for the victim to pull away from the defendant. - passed several people, none of which victim said anything to. Didn't run away. Complied -had sexual intercourse with her and she did not try to push him away. After that incident they had consensual sex.
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State of New Jersey in the Interest of MTS
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15 yo deep sleep. recalls defendant having sexual intercourse with her. She slapped him and told him to get off of her, and he complied in less than a minute. She testified that defendant had engaged in intercourse without her wanting it or telling him to come up to her bedroom.
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Commonwealth v Sherry
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- party -Sexual advances during night, understood as them "horsing around" Victim contends all three of the men tried to engage in sexual activity with here. Told them to stop, and then they each individually had sexual intercourse with the victim and she stated she was further sexually harassed.
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Rusk v State
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met at bar - requested a ride home, - unfamiliar part of town - began to make sexual advances on her, to which she resisted because of her marital relationship. He then lightly began to choke her and asked her to submit to sex, out of fear "for the way he looked" she asked him, if I do what you want will you let me go. The victim had sexual intercourse with the defendant after performing oral sex
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United States v Peterson
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windshield wipers -went back in house shot defedant
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State v Wanrow
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Daughter molested. Decedent appeared on porch, V- best if she invite friends over to keep watch for the decedent during the evening. Upon turning to re-enter, decedent was standing directly behind her. startled and shot decedent -reflex action.
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State v Norman
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husband while sleeping. abused spouse syndrome
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Nelson v State
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truck stuck in mud
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United States v Contento Pachon
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Cocaine Balloons
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United States v Freeman
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Criminal law is an expression of the moral sense of the community. The law has regarded insane wrong doers as improper subjects for punishment.Society has recognized over the years that none of the three asserted purposes of criminal law, rehabilitation, deterrence, and retribution, are satisfied when the truly irresponsible are punished.
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State v Johnson
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Issue on appeal is whether the court should abandon the M'Naghten test in favor of a new standard determining the criminal responsibility of those who claim they are blameless by reason of mental illness No exact definition of insanity is possible.
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State v Wilson
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mental illness. delusional belief that the victim was slowly destroying the defendants life. The defendant believe the victim had poisoned had poisoned him with methamphetamine and had controlled his thoughts through hypnosis. Defendant believed he was not the only one under the mind control of the victim. The defendant believed the unhappiness and incapacities around him were also caused by the defendant. The defendant had informed authorities of the victims alleged conspiracies. The defendant shot the victim numerous times, saying that "he had to d it.
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Clark v Arizona
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Flagstaff police offer responded in uniform to complaints that a pickup truck was blaring loud music while circling a residential bloc. He located the vehicle, and signaled with his lights and siren for the driver to pullover. The defendant did so, and was instructed by the police officer to stay where he was. He then shot the police officer and ran away on foot, to be arrested later that day
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Commonwealth v Peaslee
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Indictment for an attempt to burn a building down and certain goods therein with intent to injure the insurers of the same
Question on the evidence is whether the defendants acts come near enough to the accomplishment of the substantive offense to be punishable. The most common types of an attempt are either an act which is intended to bring about the substantive crime, and which sets in motion natural forces that would bring it about in the expected course of event, but for the unforeseen interruption |
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People v Rizzo
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Defendant was apprehended and charged with attempted robber in the first degree. There was no doubt that he had the intention to commit a robbery if he got the chance. The defendant was with 3 others, and planned to rob Charles Rao while he was carrying payroll. The defendants, 2 of whom had firearms drove around in an automobile looking for Rao. The police were following them and they were apprehended during their travels.
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People v Miller
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Defendant was charged with attempt to commit murder. The defendant was somewhat under the influence of liquor and threatened to kill Albert Jeans. Defendant entered the hops field where Jeans was carrying a .22 caliber rifle. Defendant proceeded towards Ginochio, stopped and loaded his rife. At no time did he lift his rifle as though to take aim.
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State v Reeves
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Defendant was 12 years old at the time and a student at West Carroll Middle School. She communicated with another student and decided to kill her homeroom teacher. It was agreed that the other girl would bring the rat poison and place it in the victims drink. Defendant tried to contact an upperclassmen and asked him to drive the victims car, but he refused. During the bus ride to school that morning, the plan was relayed to other students, and the poison was shown. The other student informed the administration of the plan. Victim entered the room to see the defendants leaning over her desk. Defendants had left a purse with rat poising in top of the desk
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