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12 Cards in this Set
- Front
- Back
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State v. Brown |
An individual cannot consent to the disruption of peace.
can Consent of individuals override states interests? No.
Victimless crime |
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Papachristou v. Jacksonville |
- A law is void for vagueness if, “it fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute.”
- Shifts policymaking from legislature to other officials: police, prosecutors, judges, etc.
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Smith v. Doe |
Ex Post Facto Laws Can’t make a law that punishes somebody for committing the crime yesterday. In excluding ex post facto laws, we prevent that ppl are getting punished after they served their time
legality principle and ex post facto. |
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Robinson v. California |
Crime requires Act. Cannot be guilty due to a status |
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Powell v. Texas |
Status v. Act Powell's actions while being intoxicated -- guilty Taking his first drink was a voluntary act.
act MUST be voluntary AND lead to SOCIAL HARM.
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State v. Lara |
she has brain damage and personality disorder, police officer came into house and she went a him with knife Voluntary
Organic brain impairment + personality disorder? |
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McClain v. State |
Automatism and insanity are two different things
B- Acts product of conscious self; act of choice capable of being controlled
C- Complete defense: not NGRI |
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Jackson v. State |
An accused is not responsible for the death of another, unless that fatal harm was caused by the defendant's act or omissions, or by the behavior of persons whose actions are attributable or chargeable to the defendant.
A guilty act (Actus Reus) + the Guilty Mind (Mens Rea)
The concurrance principle |
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Henderson v. Kibbe |
Whether there was an intervening or supervening force that was responsible for victim's death
drunk driver stops truck and shoots Stafford, Kibbe responsible? (NO), Drunk, truck runs over? (Yes), Not drunk, glasses on, Struck by truck (NO) |
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McKinnon v. US |
Stabs victim, non lethal gets blood transfusion blood was tainted so she gets hepatitis victim dies, Mckinnon cause of death? (No)
Foreseeability |
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People v. Rizzo |
Dangers in invoking too early criminal law normally is reactive Waits for ultimate harm= might nit be serious, might change mind, Potential govt. abuses.
Court Decides NOT GUILTY
- Dangers in waiting too long ultimate harm occurs Attempts |
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People v. Lehnert |
Taken Toward committing completed crime Substantial step |
