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Crim > Case Name --> Holding > Flashcards

Case Name --> Holding Flashcards

1
Q

Chavez

A

Baby in toilet; Defines human being

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2
Q

Singleton

A

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

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3
Q

Girourard

A

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

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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

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5
Q

Mullaney

A

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

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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

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7
Q

Mazza

A

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

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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)

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9
Q

Poplis

A

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

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10
Q

Heinlein

A

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

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11
Q

Stamp

A

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

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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

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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

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14
Q

Kendrick

A

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

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15
Q

Humphrey

A

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

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16
Q

Martin

A

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

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17
Q

Crawford

A

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

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18
Q

Bell

A

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

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19
Q

Chapman

A

Aircraft hits home killing three; Pilot was not wantonly reckless

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20
Q

Feinberg

A

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

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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

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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)

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23
Q

Sheridan

A

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

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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
Q

Hamilton

A

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
Q

Sheridan

A

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

27
Q

Hamilton

A

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
Q

Atkins

A

Low IQ robs and kills; Retribution and deterrence justifications don’t apply to retarded offenders = no murder-1 for mentally disabled

29
Q

Anon v. Sheriff of London

A

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
Q

Servant Cases

A

Distinguish between possession and charge; when goods are delivered to servants to keep fro masters, they remain in constructive possession of the master

31
Q

King v. Bazeley

A

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
Q

Polzin

A

Creditor and collection agent uses positions to kind of take woman’s money; Unethical but not larceny

33
Q

MPC 223.1(1)

A

Consolidates theft into one offense

34
Q

Wheeler

A

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
Q

Rusk

A

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
Q

Sherry

A

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
Q

Williams

A

Rape of alleged prostitute; rape shield law precludes evidence of prostitution but not evidence of prior sexual acts where it is sufficiently probative

38
Q

M’Naughten

A

Assassination of prime minister’s secretary w/insanity defense; Establishes M’Naughten rule

39
Q

Durham

A

An accused is not criminally responsible if his unlawful act was the product of mental disease or defect

40
Q

Long

A

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
Q

Horning

A

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
Q

Rizzo

A

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
Q

Falcone

A

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
Q

Direct Sales

A

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
Q

Powell

A

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
Q

Gerstein

A

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
Q

Gipson

A

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
Q

Stack

A

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
Q

Salerno

A

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
Q

Colemna

A

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
Q

Wayte

A

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
Q

MacDonald

A

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
Q

Williams

A

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
Q

Marion

A

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
Q

Barker

A

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
Q

Bedder

A

impotence not taken into account for adequate provocation

57
Q

Jewel

A

willful ignorance with a conscious purpose to avoid learning the truth is no defense (transporting marijuana case)

58
Q

Sui

A

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)

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