Cases and Holdings Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Proportionality of Punishment (Constitutional Principles)

A

Coker v. Georgia

Ewing v. California

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

Coker v. Georgia

A

F: Df escaped from prison, raped person during armed robbery, got DP due to aggravating circumstances.
H: 8th forbides DP for rape (grossly disproportionate).

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

Ewing v. California

A

F: Df got 3 strikes for grand theft, got 25tL.
H: 3 strikes does not violate 8th, serves legitimate goal of deterring and incapacitating repeat offenders.

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

Principle of Legality // Vagueness

A

Keeler v. Superior Court

City of Chicago v. Morales

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

Keeler v. Superior Court

A

F: Df stomped out ex-wife’s baby.
H: A person cannot be convicted for murder if the victim is an unborn fetus (life starts at birth).

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

City of Chicago v. Morales

A

F: Chicago’s Gang Congregation Ordinance was challenged.
H: A statute violates 14th DPC if it is “so vague and standardless that it leaves the public uncertain as to the conduct it prohibits.”

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

Actus Reus (Voluntary Act)

A

Martin v. State
State v. Utter
State v. Golphin

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

Martin v. State

A

F: Cop took Df, who was drunk, and dropped him on a public highway, then arrested him for being drunk on a public highway.
H: A person must voluntarily commit the crime charged in order to be guilty.

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

State v. Utter

A

F: Df, a vet, stabbed son, claimed it was a conditioned response (was also drunk).
H: An act committed while unconscious is not voluntary. Voluntarily induced unconsciousness (drugs/booze) is not a complete defense.

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

Actus Reus (Status Offenses)

A

Robinson v. California
Powell v. Texas
Muscarello v. U.S.

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

Robinson v. California

A

F: Df was convicted under statute making it a criminal offense to be addicting to narcotics.
H: Law criminalizing a status violates 8th (cruel and unusual punishment).

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

Powell v. Texas

A

F: Df charged with being drunk in public. Claimed status offense.
H: Punishing alcoholic for being drunk in public doesn’t violate 8th.

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

Actus Reus (Possession, Omissions, Causation)

A
U.S. v. Kitchen
People v. Beardsley
Barber v. Superior Court
Velazquez v. State
Oxendine v. State
People v. Rideout
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

People v. Beardsley

A

F: Girl OD’d, guy with her charged with manslaughter.
H: No duty to help (generally).

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

Barber v. Superior Court

A

F: Doctors charged for murder after removing life support.
H: Physician has no duty to continue treatment once proven ineffective.

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

Velazquez v. State

A

F: Df prosecuted for veh. Homicide in connection with his drag racing with the victim on a public road.
H:No proximate cause: (1) foreseeability, (2) unjust to hold Df criminally responsible.

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

Oxendine v. State

A

F: Df beat kid after girlfriend had inflicted mortal blow, but did not cause death.
F: Contribution or aggravation of death without acceleration of death is insufficient to establish causation of death.

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

People v. Rideout

A

F: Df had car accident, other party was safe, but re-entered highway to turn on flashers and was hit.
H: Other party had reached safety, ending Dfs liability. (Proximate Cause).

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

Mens Rea

A
U.S. v. Cordoba-Hincapie
Regina v. Cunningham
People v. Conley
State v. Nations (Willful Blindness)
Flores-Figueroa v. U.S.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

U.S. v. Cordoba-Hincapie

A

H: Competing definitions of Mens Rea, ‘guilty mind’ vs. specific intent.
H: Strict liability require no mens rea, and include minor violations and statutory rape.

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

Regina v. Cunningham

A

F: Df stole gas meter, chick got poisoned.
H: Malice requires (1) intent to do the harm that was done; or (2) recklessness as to whether the harm occurs.

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

People v. Conley

A

F: Df was convicted of aggravated battery for striking victim with a wine bottle, argued no intent to cause permanent disability.
H: Intent can be inferred from the circumstances surrounding the crime.

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

State v. Nations

A

F: Df had underage stripper, didn’t ‘know’ she was underage, but was wilfully blind.
H: Statute required knowing and Df didn’t, so no crime. Exemplifies the wilful blindness doctrine.

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

Mens Rea (Strict Liability)

A

U.S. v. Cordoba-Hincapie
U.S. v. Staples
Garnett v. State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Staples v. U.S.

A

F: Df had AR he needed to register but didn’t know.
H: Courts must consider the severity of the penalty when determining whether Congress intended to eliminate a mens rea requirement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Garnett v. State

A

F: Retard fucked 13 year old.
H: Statutory rape is S.L. to protect young persons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Mens Rea (Mistake of Fact and Mistake of Law)

A

People v. Navarro
People v. Marrero
Cheek v. U.S.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

People v. Navarro (Mistake of Fact)

A

F: Df convicted of petty theft for taking lumber he believed was his.
H: If a person has a good faith belief that he has a right to certain property, he is not guilty, even if the belief is unreasonable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

People v. Marrero (Mistake of Law)

A

F: Df prison guard charged with possession of unlicensed gun.
H: Mistake of law is not a defense except to specific intent crimes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Cheek v. U.S. (Mistake of Law)

A

F: Df failed to file tax returns, argued good faith belief that tax system was unconstitutional.
H: A good faith, although unresonable, mistake of law is a defense to criminal liability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Homicide - Murder

A

State v. Guthrie
Midgett v. State
State v. Forrest
State v. Williams

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

State v. Guthrie

A

F: Df convicted of murder 1, argued heat of passion and no P/D.
H: There must be some period between formation of intent and killing to indicate premeditation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Midgett v. State

A

F: Df beat his son to death, but didn’t meant to kill him.
H: P/D are required elements of murder 1.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

State v. Forrest

A

F: Df shot ill father to end suffering.
H: Considerations for finding P/D: (1) lack of provocation by V; (2) conduct and statements of D before/after killing; (3) threats and declarations of D before/after killing; (4) ill-will between parties; (5) dealing lethal blows after V rendered harmless; (6) evidence of killing being done in a brutal manner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Homicide _ Manslaughter (Heat of Passion)

A

Girouard v. State

People v. Casassa

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Girouard v. State

A

F: Df killed wife after she repeatedly verbally abused him.
H: Words alone cannot constitute adequate provocation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

People v. Casassa

A

F: Df got murder 2 after killing woman he was obssessed with.
H: EMED requires Df act under influence of EMED and there was a reasonable excuse for the EMED.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Homicide _ Unintentional Killings and FM

A
People v. Moore
People v. Knoller
People v. Howard (IDF)
People v. Smith (Merger)
State v. Sophophone
39
Q

People v. Knoller

A

F: Df had dogs that killed V, which she knew were dangerous.
H: To show ‘depraved heart’ requires proof that D acted with a conscious disregard of the danger to human life.

40
Q

People v. Howard

A

F: Df was fleeing cops when he crashed and killed V. Got FM.
H:In determining if felony is inherently dangerous, court looks at elements of felony in the abstract to see if the felony by its nature cannot be committed w/o creating substantial risk to human life.

41
Q

People v. Smith

A

F: Df charged with felony child abuse and murder 2 from abuse.
H: Where conduct constituting felony is the sole cause of death, i.e. assault, the felony “merges” with the homicide into a single crime.(Merger)

42
Q

State v. Sophophone

A

F: Df (felon) charged with death of co-felon who was shot by police.
H: Df cannot be guilty of FM for death of co-felon caused by lawful acts of police.

43
Q

Rape

A
State v. Alston
Rush v. State
State v. Rush
Commonwealth v. Berkowitz
State of N.J. in the Interest of M.T.S.
Commonwealth v. Sherry
44
Q

State v. Alston

A

F: D and V were in consentual relationship but V feared D.
H: Generalized fear of D is not enough to render consent void, D must use force or threats to overcome the will of the V to resist.

45
Q

Rusk v. State

A

F: D got rape 2, he took V’s keys and escorted her to home where they had sex.
H: Evidence must show that V resisted and was overcome by force or V was prevented from resisting by threats to her safety.

46
Q

State v. Rusk

A

F: Appealed from Rusk v. State.
H: Reasonableness of V’s fear in determining whether sufficient force was used is for the jury.

47
Q

Commonwealth v. Berkowitz

A

F: College dorm sex. V said no but no threats or force.
H: The ‘forcible compulson’ required must be more than verbal resistance, i.e. threat or actual force.

48
Q

State of N.J. in the Interest of M.T.S.

A

F: 17yo boy had sex with girl w/o consent, but no force or threats (possibly while sleeping).
H: Penetration by ‘physical force’ encompasses any penetration accomplished w/o affirmative and freely given permission.

49
Q

Commonwealth v. Sherry

A

F: Doctor nurse gangbang.
H: The issue of consent in rape cases is not to be determined based on the subjective view of the aggressor.

50
Q

Inchoate Offenses _ Attempt

A

People v. Gentry
U.S. v. Mandujano
Commonwealth v. Peaslee
State v. Reeves

51
Q

People v. Gentry

A

F: Df poured gas on GF which ignited.
H: Attempt requires intent to do an act constituting a substantial step toward committing a crime and a specific intent to commit the crime attempted.

52
Q

U.S. v. Mandujano

A

F: None given.
H: Mere preparation is not sufficient to constitute attempt.

53
Q

Commonwealth v. Peaslee

A

F: Df wanted to light building on fire but couldn’t.
H: Attempt is either an act that would bring about the substantive crime if not for the unforeseen interruption or an act that would bring about the substantive crime if not for a mistake of judgment.

54
Q

State v. Reeves

A

F: Dfs brought poison to school to kill teacher.
H: Attempt requires that the D take a ‘substantial step’ toward the commission of the crime.

55
Q

Attempt Defenses _ Impossibility and Abandonment

A

People v. Thousand
Commonwealth v. McCloskey
U.S. v. Alkhabaz

56
Q

People v. Thousand

A

F: Df got ‘to catch a predator’d.
H: Legal impossibility is a defense to the crime of attempt, but factual impossibility is not.

57
Q

Commonwealth v. McCloskey

A

F: Df took steps towards escaping from prison but changed his mind.
H: Voluntarily abandoning a crime before completion exonerates a D from criminal liability.

58
Q

U.S. v. Alkhabaz

A

F: D wrote story detailing rape, murder of woman sharing name of his classmate.
H: A ‘communication containing a threat’ must be such that a reasonable person (1) would view it as expressing the intent to inflict bodily harm and (2) would view it as an attempt to effect change or achieve some goal through intimidation.

59
Q

General Defenses to Crimes _ Self-Defense

A

U.S. v. Peterson

People v. Goetz

60
Q

U.S. v. Peterson

A

F: V stealing car parts, Df got gun, V got lug wrench and a bullet.
H: Self-defense is not available to (1) one who provoke conflict or is the aggressor in it or (2) one who does not retreat if he can safely do so.

61
Q

People v. Goetz

A

F: Df shot black kids on subway.
H: A person may use deadly force in self-defense if he or she reasonably believes the force necessary to protect him or herself.

62
Q

General Defenses to Crimes _ Imperfect Self-Defense, Defenses of Others, Defense of Prop.

A

State v. Norman

State v. Boyett

63
Q

State v. Norman

A

F: Battered woman killed sleeping husband.
H: The right to kill in self-defense requires that the D be faced with imminent death or GBH.

64
Q

State v. Boyett

A

F: Love triangle, shot girl on front steps.
H: Defense of habitation is justified when V is in the home and attempting to commit a felony or is attempting to break into the home to commit a felony.

65
Q

General Defenses to Crimes _ Necessity

A

Nelson v. State
U.S. v. Schoon
The Queen v. Dudley and Stephens

66
Q

Nelson v. State

A

F: D got truck stuck, the stole equipment to get it out.
H: To get necessity, the crime must have been done (1) to prevent a significant evil; (2) there was no legal alternative and (3) the harm caused was not disproportionate to the harm avoided.

67
Q

U.S. v. Schoon

A

F: Df messed with IRS office.
H: Necessity defense is inapplicable to a case involving indirect civil disobedience.

68
Q

The Queen v. Dudley and Stephens

A

F: Stranded sailors ate a dude.
H: There is never a necessity defense to murder.

69
Q

General Defenses to Crimes - Duress

A

U.S. v. Contento-Pachon
People v. Unger
People v. Anderson

70
Q

United States v. Contento-Pachon

A

F: Df was drug mule.
H: Duress requires (1) an immediate threat of death or serious bodily injury; (2) a well-grounded fear that the threat will be carried out and (3) no reasonable opportunity to escape the threatened harm.

71
Q

People v. Unger

A

F: Df escaped from prison when threated with anal.
H: Necessity is available to prison escapes where the prisoner is choosing to break the law to avoid a greater evil.

72
Q

People v. Anderson

A

F: Df killed suspected molester, stating he was threatened into it.
H: Duress is never a defense to murder, not can it reduce the charge to manslaughter.

73
Q

General Defenses to Crimes _ Insanity and Diminished Capacity

A
U.S. v. Freeman
State v. Johnson
State v. Wilson
Clark v. Arizona
M'Naghten
74
Q

U.S. v. Freeman

A

H: The recognized purposes of criminal law are not satisfied by punishing someone who is mentally incompetent.

75
Q

State v. Johnson

A

H: Under MPC: a D is relieved when (1) as a result of mental disease or defect, D lacked substantial capacity to appreciate criminality of conduct; and (2) when, as a result of mental disease or defect, D lacked substantial capacity to conform his conduct to the requirements of law.

76
Q

M_Naghten

A

You_re insane if you didn_t know the nature and quality of your actions, or if you didn_t know right from wrong when you did what you did.

77
Q

State v. Wilson

A

F: Df killed Vs thinking they were trying to control his thoughts.
H: A D does not appreciate the wrongfulness of his actions if a mental disease or defect causes him to harbor a distorted perception of reality.

78
Q

Clark v. Arizona

A

F: Df killed cop, claimed paranoid schizo.
H: DPC is satisfied by crimes defined by the capacity to appreciate if crime was right or wrong.
H: State can limit evidence of mental defect only to what is relevant to insanity test.

79
Q

Inchoate Offenses _ Solicitation and Conspiracy

A
State v. Mann
People v. Carter
Pinkerton v. U.S.
People v. Swain
People v. Lauria
Commonwealth v. Azim
Kilgore v. State
80
Q

State v. Mann

A

H: Solicitation requires the D to ask, entice, induce, or counsel another to commit a crime.

81
Q

People v. Carter

A

H: Conspiracy is defined as a partnership in criminal purposes, a mutual agreement or understanding, express or implied, between two or more persons to commit a criminal act or to accomplish a legal act by unlawful means.

82
Q

Pinkerton v. U.S.

A

F: Dfs are bros, indicted for violations of the IRS.
H: An overt act of one partner may be the act of all without any new agreement specifically directed to that act.

83
Q

People v. Swain

A

F: Dfs conspired to do a drive-by.
H: Conspiracy is a specific intent crime that requires intent to agree or conspire as well as a further intent to commit the target crime.

84
Q

People v. Lauria

A

F: Prostitutes were using call-service of Df.
H: Intent (of conspirator) may be established by (1) direct evidence he intends to participate, or (2) inference based on (a) special interest in activity or (b) aggravated nature of the crime itself.

85
Q

Commonwealth v. Azim

A

F: Kids mugged V, Df sat in car and watched.
H: Once conspiracy is established and upheld, a member of the conspiracy is also guilty of the criminal acts of his co-conspirators.

86
Q

Kilgore v. State

A

F: Multiple hired killers, didn’t know each other, one succeeded.
H: Multiple parties can be parties to a single agreement thus one conspiracy, even though they don_t know each other or have all the details of the operation, however there has to be limits on the concept that persons who do not know each other can agree to commit a crime.

87
Q

Accomplice Liability

A
State v. Ward
State v. Hoselton
People v. Lauria
Riley v. State
State v. Linscott
State v. V.T.
88
Q

State v. Ward

A

H: An accessory cannot be tried, without his consent, before the principal.
H: An accessory cannot be convicted of a higher crime than his principal.
H: An acquittal of the principal bars a subsequent trial of the accessory.

89
Q

State v. Hoselton

A

F: Df was dock lookout for friends.
H: A lookout is an aider and abettor, but must in some way associatehimself with the venture, participate in it as something he wishes to bring about, to make it succeed.

90
Q

People v. Lauria

A

F: Prostitutes were using call-service of Df.
H: Intent (of conspirator) may be established by (1) direct evidence he intends to participate, or (2) inference based on (a) special interest in activity or (b) aggravated nature of the crime itself.

91
Q

Riley v. State

A

F: Guys shot into a crowd of people.
H: When a D solicits, encourages, or assists another to engage in conduct, and does with the intent to promote or facilitate that conduct, the D becomes accountable for that conduct.

92
Q

State v. Linscott

A

F: Dudes went to rob dealer, one killed him.
H: Accomplice liability for the primary crime is established by proof that the actor intended to promote or facilitate that crime. Liability for the secondary crime that may have been committed by the principal is established upon a two part showing: (1) that the actor intended to promote the primary crime and (2) that the commission of the secondary crime was a ‘foreseeable consequence’ of the actor’s participation in the primary crime.

93
Q

State v. V.T.

A

F: Punks stole camcorder.
H: