Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Crim > Case Name --> Holding > Flashcards

Case Name --> Holding Flashcards

1
Q

Chavez

A

Baby in toilet; Defines human being

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Singleton

A

Baby thrown away; Consider the strains and travails giving rise to maternal nonfeasance during childbirth (Contra Chavez)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Girourard

A

Wife taunts husband, he stabs her; Defines provocations adequate to mitigate second degree murder to voluntary manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Alexander

A

White marines and black customers; Provocation is not an element of manslaughter, but a defense to second degree murder; racial slurs are not adequate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Mullaney

A

Frenzy provoked by a homosexual advance; Overturns ME rule and places burden of proving provocation on the prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Caruso

A

Father kills doctor after child’s death and laughs; Need premeditation and deliberation to find first degree murder. Evaluate if everything occurs in one transaction. Laugh indicative of heat of passion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Mazza

A

Low IQ robs and kills; There is no intermediate stage of partial criminal responsibility between insanity and ordinary responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Wolff

A

15 y/o murders mother to rape girls; Judge character of murder in light of youth and mental illness; 1st degree requires more understanding and comprehension than necessary to form the intent to kill (But see Mazza)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Poplis

A

Child beating; Extremely dangerous and fatal conduct performed with depraved wantonness does not require specific homicidal intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Heinlein

A

Alcoholics rape victim, one kills her; felony murder rule and accomplice liability when inside the scope of the felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Stamp

A

Heart attack during robbery; Felony murder rule imposes strict liability though death is not foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Smith

A

Off-duty cop shot by one of the robbers; Overturns Almedia; Malice of initial offense attaches to whatever else the criminal does in connection with it (No more felony murder to impute murder liability to third party killings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Taylor

A

One of the robber dies at the hands of a 3d party; Felony murder doesn’t apply (see Smith) but attach vicariously liability to make the D’s liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Kendrick

A

Cheating husband stabs cuckold; Defines self defense; If force is excessive, voluntary manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Humphrey

A

Battered wife syndrome; BWS not an ordinary self defense claim but jury can consider testimony, still a RP standard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Martin

A

Inmate attacked guard to protect fellow inmate; Defines defense of others rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Crawford

A

D tries to recover money lawfully owed him with a gun; Defines defense of property rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Bell

A

Speeding w/o headlights, pedestrian killed; Defines gross and culpable negligence rule to support a finding of involuntary manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Chapman

A

Aircraft hits home killing three; Pilot was not wantonly reckless

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Feinberg

A

Sterno alcohol; Involuntary manslaughter though lawfully selling goods because acts were evidence of wanton disregard for human life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Gian-Cursio

A

Chiropractor treats tuberculosis with vegetarianism; Criminal negligence exists where there is gross lack of competency, gross inattention, or criminal indifference to patient’s safety; Conviction affirmed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Beardsley

A

Cheating husband’s lover leaves her in friend’s apartment and she dies; Defines where legal duty exists - none here (did not count as voluntary assumption of care)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Sheridan

A

Christian Scientist child dies; Conflict with 1st and legal duty to act; Mother on probation for 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Fine

A

D shook victim, he dies; Requires proximate causation or an act contributing to death in order to find homicide; This case was fortuitous

25
Hamilton
Brutal fight, victim pulls out tubes in hospital (involuntarily); D can be guilty of homicide though V would have survived but for taking poor care of himself
26
Sheridan
Christian Scientist child dies; Conflict with 1st and legal duty to act; Mother on probation for 5 years
27
Hamilton
Brutal fight, victim pulls out tubes in hospital (involuntarily); D can be guilty of homicide though V would have survived but for taking poor care of himself
28
Atkins
Low IQ robs and kills; Retribution and deterrence justifications don't apply to retarded offenders = no murder-1 for mentally disabled
29
Anon v. Sheriff of London
Common carrier broke into bales, stole woad, and abandoned it; Defines larceny as a treacherous taking of a movable thing belonging to another against the will of the owner (trespassory taking); breaking the bulk is a trespassory taking
30
Servant Cases
Distinguish between possession and charge; when goods are delivered to servants to keep fro masters, they remain in constructive possession of the master
31
King v. Bazeley
Bank teller keeps some of the money meant to be deposited; Breach of trust but not a felonious taking because bank never constructively possessed it; leads to embezzlement statute
32
Polzin
Creditor and collection agent uses positions to kind of take woman's money; Unethical but not larceny
33
MPC 223.1(1)
Consolidates theft into one offense
34
Wheeler
Tells neighbor he is making a soap factory to try to get land; False statements not representing existing facts (like predictions, reasonable puffery, intentions) are not false pretenses - no larceny
35
Rusk
Rape where victim drives home, goes upstairs, performs oral sex, before vaginal intercourse; Defines 2nd Degree rape as vag. intercourse by force and against the will/without the consent of the other
36
Sherry
3 doctors rape victim, claiming sexual horseplay; Requires D's force, victim is not required to use physical force to resist - any resistance indicating lack of consent is sufficient
37
Williams
Rape of alleged prostitute; rape shield law precludes evidence of prostitution but not evidence of prior sexual acts where it is sufficiently probative
38
M'Naughten
Assassination of prime minister's secretary w/insanity defense; Establishes M'Naughten rule
39
Durham
An accused is not criminally responsible if his unlawful act was the product of mental disease or defect
40
Long
Married two people after bad legal advice; Mistake of law not allowed as a defense (could be allowed if mistake is due to reliance on official statement of the law by statute, judicial decision, admin. order, or official interpretation)
41
Horning
Pawnbroker moved states to avoid licensing statute, but still drove customers from DC to VA; Intent not to break the law is no defense if conduct in fact violates the law
42
Rizzo
Ds arrested as they try to rob payroll man but he is not there; Cannot be guilty of attempt if there is no opportunity to commit the crime, not within the presence or reach of the person they intended to reach, and there is not act tending to effect commission of the crime
43
Falcone
Sugar sold to grocers then distillers; Seller's knowledge of buyer intent to commit a crime is not enough to warrant conspiracy chargers; seller must somehow promote the venture
44
Direct Sales
Wholesaler selling large quantities of morphine to doctor; Conspiracy herebecause of common venture, evidenced by discounts for huge quantities no doctor could have needed and because of the special nature of the drug
45
Powell
Chronic alcoholic convicted of being drunk in public place; Criminalizing public intoxication does not violate 8th protection of cruel and unusual punishment; not punished for his particular status as an alcoholic but for being drunk at a specific place and time
46
Gerstein
Dont need warrant to arrest, but 4th requires judicial review of probable cause (Gerstein hearing) - prosecutorial review not a substitute; no counsel at initial appearance
47
Gipson
If after appropriate inquiry, court determines D cannot afford his own counsel, one is appointed. If it is later determined he can afford it, and he refuses, counsel must continue representation
48
Stack
Bail set at over 50k for a crime carrying penalty of 5 years in prison and fine of less than 10k; 8th prohibits this kind of excessive bail
49
Salerno
Mob bosses denied bail on basis of Bail Reform Act and detained on showing that no release conditions could reasonably assure community safety; 5th DP claim is inapplicable because detention is administrative, not retributive; 8th provision against excessive bail does not prohibit entirely withholding bail
50
Colemna
Counsel is required at a preliminary examination because preliminary exam: (a) reveals factual weaknesses, (b) is a vital impeachment tool, (c) aids discovery, (d) and covers bail and psych exams; however, preliminary exam is not constitutionally required
51
Wayte
Allegations of selective prosecution for violations of the draft; Prosecutorial discretion is large, 1st rights were not violated because the selective prosecution was administered the same among all those who self reported their violations
52
MacDonald
Prosecutor was going to dismiss charges but didn't after D refused to stipulate there was probable cause for arrest; Prosecutorial discretion does not include prosecuting to protect the police from civil suit
53
Williams
D challenged prosecutor who was not presenting exculpatory evidence to grand jury; Grand jury not bound by constitutional rules - its only role is to assess if there is an adequate basis for bringing the criminal charge; prosecutor has no legal obligation to present exculpatory evidence
54
Marion
38 month delay between criminal act and indictment and arrest, but SOL hadn't yet ended; 6th Amendment rights are not triggered until arrest; there is only a DP claim if the delay is deliberately and substantially prejudicial to the D
55
Barker
D says right to speedy trial is violated after prosecution took over 6 trials and 16 continuances; Factors to consider for speedy trial claims are: (1) length of delay, (2) reason for delay, (3) D’s assertion of right to speedy trial [MOST IMPORTANT], and (4) prejudice to D; here factors did not weigh in favor of D, mostly b/c D waited so long to assert right
56
Bedder
impotence not taken into account for adequate provocation
57
Jewel
willful ignorance with a conscious purpose to avoid learning the truth is no defense (transporting marijuana case)
58
Sui
buys bag thinking its heroine but it’s talc—despite factual impossibility we can infer an intent into his conduct and still prosecute for attempt

Crim (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions