Crim FTP and lesson per case

Question 1

Dicta in Ott describing Goonagius

Answer 1

Goonagius was instructive in that it was wrong that one’s outrage could/can grow over time. This was a key consideration in picking a more subjective, hybrid emotional disturbance language in provocation

Question 2

Strasburg inside Uttter

Answer 2

“without the consent of the will, human action cannot be considered culpable”

Will=having choice either to do or to avoid the fact in question

Question 3

OTT

Answer 3

Extrene enotional distress is meant in more relative terms referring to a loss of self control due to intense feelings

modification to the provocation of defense

Question 4

Utter

Answer 4

States that will “neccesarily implies intenton”

too, when unconsciousness is induced through use of alcohol o drugs it does not attaon stature of a complete defense.

Question 5

Shell

Answer 5

when an involuntary manslaughter charge does not explicitly describe failure to act as a problem - duty of care can rise out of…

1. statute
2. defendant stands in certain status relatonship(family or significant power diff)
3. contractual duty
4. voluntarily assumed care and secluded

Question 6

Velasquez

Answer 6

(1) prohibited result of defendants conduct is beyond the scope of any fair assesment of the danger created by the defendants conduct and
(2)where it would otherwise be unjust based on fairness and policy considerations to hold the defendant criminally responsible for the prohibited result.

Question 7

Knoller, lady neo nazi wardog eats a person

Answer 7

Anti social motive - Oh interesting after dog bites a person

Conscious disregard for human life - knew about dangers and ignored

high degree of probability might result in death - dog ate a sheep and had attacked before

implied malice - en todo

Question 8

Decina

Answer 8

reasonableness or act or Could be found to be unreasonable in taking a risk driving - disregarding the consequences

Question 9

Guthrie

Answer 9

Deliberation and Premeditation means the killing is done after enough time for prior consideration - takes the gloves off

Question 10

Sopophone

Answer 10

figgur it out

Question 11

Martin

Answer 11

actus reus Shows that an act must be voluntary to count as an act

Question 12

Gargus

Answer 12

Says seclusion is not required if the person “voluntarily assumes care of the victim knowing that they are entirely dependant on caretaker for basic needs.”

Question 13

Velasquez, drag race guy

Answer 13

Shows substantial factor tests
Velasquez wins cuz after the race is when the guy y33ts himself

Question 14

Fuller, guy steals tires from a locked cat

Answer 14

actus reus in commission of your act does not end until you get to a place of safety or “part of one continuous transaction”.

Question 15

Rose, guy hit and dragged by dirty white station wagon

Answer 15

proximate cause must be known to be charged with crime

Question 16

Ridout

Answer 16

Shows proximate cause is that which supersedeing events do not cause the harm. Can be shown by way of foreseeability or independant human agency

zone of safety test

Question 17

Midgett

Answer 17

intent to kill while in a drunked rage does not rise to intent in regards to premditation and deliberation
intent was only to abuse his child

Question 18

Forest

Answer 18

Premediation and deliberation showed by

No provocation
Conduct and statements
Lethal blows after the victim has been felled

Question 19

Nations

Answer 19

A distinction concerning matters of fact v. conduct/attendant circumstances

Question 20

Miles

Answer 20

Shows that knowningly does not have to apply to each component in the statute

Question 21

Walker

Answer 21

due caution or circumspection/reasonableness
Shwos we can judge reasnableness based on what someone should have known and that negligence cases we can “divorce someone from their subjective intent”

Question 22

Morisette

Answer 22

Guy collects shell casings

knowingly requires that one has knowledge of the facts that make the law applicable

Question 23

Navarro

Answer 23

Shows reasonablility of belife can speak to, but does not establish weather or not someone had the mens rea for specific intent

Question 24

Snyder

Answer 24

Shows that General intent crimes do not need a mens rea

also being mistaken on those accounts do not defeat mens rea in a morrisette type of way

Question 25

Girouaud

Answer 25

adequate provocation elements are
1. some kind of adequate provocaton
2. done in the heat of passion
3. must be sudden such that there is not a reasoable opporunity to cool
4. must be a causal relationship between provocation, passion, and fatal act

Question 26

Conely

Answer 26

Shows that one intends all natural and probable consequences of their act

Question 27

Gentry

Answer 27

Attempt to murder requires specific intent to kill. Getting to murder with mens rea words that are not the ones in the attempt statute will not count.

Question 28

Bruce

Answer 28

Generally, without a death, there can be no attempted felony murder.

Question 29

Mandujuano

Answer 29

Attempt requires
1. The requisite mens rea in order to otherwise commit the crime
2. Engaging in conduct which constitutes a substantial step toward the crime - it must be strongly corroborative of the required mens rea

Question 30

Hoselton

Question 31

Mcvay