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15 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Regina v Dudley
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Dudley & Stephens were guilty of killing Richard Parker because even though it was an act of "necessity" it was not excused
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People v Newton
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Guy involved in altercation with police claims "unconsciousness" defense to shooting a cop after he had been shot
(he's acquitted, Calif. says unconsciousness is a complete defense to any crime) |
Faulty jury instructions: judge didn't tell jury they had to acquit him if found him unconscious
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Jones v United States
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Baby of family friend placed with Jones, Jones failed to provide for baby and baby died, Jones convicted, conviction reversed
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Actus reus: omission
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Pope v State
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Joyce Pope was present when Melissa Norris beat her child, who later died. Pope found not guilty, misprision of felony is not a chargeable offense in Maryland.
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Actus reus: omission
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People v Beardsley
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Beardsley spent the weekend with a woman who took an overdose. Beardsley found not guilty as he had no legal duty.
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Actus reus: omission
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Martin v State
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drunk guy who gets charged after being pulled from his home to the street, where it was a crime to be drunk
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ACTUS REUS
Voluntary Act problem Martin should be acquitted because "boidly movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual" MPC 2.01(2)(d) |
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People v Decina
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man chooses to drive car knowing he could have an epileptic seizure; he's convicted
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ACTUS REUS
Voluntary act problem |
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Barber v Superior Court
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Guy goes into CA after surgery, vegetative, drs. iv feeding and hydration, was it murder? court said no, it was not an unlawful failure to perform a legal duty even though it was intentional
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burden of doing required act otweighed benefit, even if there was a legal duty, so no culpablity
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Regina v Cunningham
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guy who stole the gas meter for the money, and poisoned the neighbor
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mens rea
in this case, guy was only guilty of negligence for her death |
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Regina v Faulkner
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Sailor went to get rum in the hold of the ship. lit a match to see, ship catches on fire and burns
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mens rea
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United States v Balint
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D's were selling derivatives of opium and coca leaves without a required IRS form; D's were indicted even though the statute didn't require mens rea because of public welfare
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strict liability; better to punish if statutory intent is unclear, because it's better not to put the public at risk
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Morrissette v United States
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Morrissette went to Air Force site and collected spent bomb casings, flattened them and sold them.
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"knowing" in the statute: what did it modify. IF it modified everything, it was strict liability statute.
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X-Citement Video
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Interpretation question of statute: do you have to "know" the actors in videos are minors? if not, then it's against the Constitution to prohibit selling the videos.
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statutory interpretation for strict liability of an ambiguous statute
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State v Baker
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Cruise control on car stuck, D argued it because he said his act was not then voluntary. At trial level, evidence of defense was kept out cause it was strict liability statute.
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Regina v Sault Ste. Marie
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Move against strict liability for certain types of criminal offenses
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