Chapter 4 powerpoint pt. 2 Flashcards
Primary requirement for intervention is that a duty must be recognized under either the _______ ____ or a _______.
common law
statute
_______-The common law recognized that individuals possess an obligation to assist their child.
status
_________-Imposes a duty of care. This may be a criminal statute requiring that a doctor report child abuse or a statute that sets forth the obligations of parents.
statute
________-An obligation may be created by an agreement.
contract
___________ __ _ ____-An individual who voluntarily intervenes to assist another is charged with a duty of care.
Assumption of a Duty
________ __ _____-An individual who intentionally or negligently places another in danger has a duty of rescue.
Creation of Peril
________-An individual has a duty to direct and to care for those under his or her supervision and command, including employees or members of the military.
control
________ _______ owe a duty of care to those invited onto their land.
Property owners
In addition to establishing a duty, the prosecutor must demonstrate a number of other facts ______ __ _________ _____.
beyond a reasonable doubt
What are the factors that establish proof beyond a reasonable doubt to intervene?
(1) Possession of Knowledge of the Peril
(2) Acted With the Required Intent
(3) Caused the Harm to the Victim
(4) Individuals aren’t expected to accomplish the impossible
Possession is a __________ offense.
preparatory
_________ is a preparatory offense.
Possession
Possession is the ability to exercise ________ and ______ over an object.
dominion
control
__________ is the ability to exercise dominion and control over an object.
Possession
List the different types of possession.
(1) actual possession
(2) constructive possession
(3) joint possession
(4) knowing possession
(5) mere possession
(6) fleeting possession
Which type of possession is this: drugs and other contraband within an individual’s physical possession or immediate reach?
actual possession
Which type of possession is this: outside of an individual’s actual physical control but over which he or she exercises control through access to the location?
constructive possession
Which type of possession is this: when a number of individuals exercise control over contraband?
joint possession
Which type of possession is this: awareness that he or she is in possession of contraband?
knowing possession
Which type of possession is this: physical control without actual awareness of contraband?
mere possession
Which type of possession is this: a limited exception that permits an innocent individual to momentarily possess and dispose of an illegal object?
fleeting possession
In general there is a ________ __________ _________, whereby in the manifest interest of justice you may not be held liable.
fleeting possession exception
What is an example of the fleeting possession exception?
Your friend overdoses on drugs and you threw their drugs away
What happened in the State v. Field case?
14yr old kills father, suffers PTSD, is later acquitted.
Latter kills sisters’ boyfriend with no recollection of the crime.
Has liable defense, no actus reus. Again acquitted.
What happened in the Jones . U.S. case?
- Defendant was found guilty of involuntary manslaughter of his friend’s 10 month old baby where he failed to provide for the child and such failure resulted in the child’s death.
- Defendant was charged and convicted with involuntary manslaughter based on failure to provide.
- Appellate court found jury wasn’t instructed to find proof beyond a reasonable doubt
