Felony Murder and Guilty Mind (1)

Question 1

Why did felony murder rule start

Answer 1

originally all felonies punishable by death so no injustice from its application

Question 2

why is felony murder rule strict liability

Answer 2

can be convicted without intent and without reckless/negligent behavior in regard to that risk

Question 3

Why does felony murder trouble courts

Answer 3

accidental deaths may be treated like murders

Question 4

One rule to constrain felony murder

Answer 4

need some causal connection between the felony and the homicide

Question 5

MPC felony murder rule

Answer 5

depraved heart presumed in commission of these felonies

Question 6

Stamp facts

Answer 6

armed robbery and one of people held up had advanced heart disease. 15ish minutes after robbery had heart attack and died

Question 7

Stamp holding

Answer 7

Homicide must be direct result of the felony (but for cause) BUT the death need not be a natural or probable consequence (foreseeable) of the felony

Question 8

Stamp reasoning

Answer 8

(1) armed robbery but for cause of heart attack
(2) No requirement that death must occur while committing felony
(3) Health condition not only cause

Question 9

Carter facts

Answer 9

C ran into bank and jumped behind the desks stealing money. Appealed because statute required taking by force or intimidation which he didn’t use

Question 10

Carter statute

Answer 10

(a) whoever by force and violence or intimidation take or attempt to take from the person
(b) whoever takes and carries away with intent to steal

Question 11

General intent in Carter

Answer 11

intent to take by force (A)

Question 12

Specific intent in Carter

Answer 12

Steal = intent to take + knowing belongs to another + intent to permanently deprive of that property

Question 13

Joyriding would just be ____ intent while stealing is ___ intent

Answer 13

general, specific

Question 14

Flores facts

Answer 14

Gave employer a fake SSN which turned out to be the real number of someone else. Convicted of identity theft but claims didn’t know the fake number actually belonged to someone else.

Question 15

Flores statute

Answer 15

one “knowingly transfers, possesses or uses, without lawful authority a means of identification of another person”

Question 16

Flores holding

Answer 16

Knowingly modifies all elements of the statute so govt must prove D knew the SSN belonged to another person

Question 17

Flores reasoning

Answer 17

(1) MPC says apply a mens rea to all parts of the statute
(2) Court looks to ordinary meaning unless leg clearly intended otherwise and natural to read knowing as applying to rest of sentence

Question 18

Moncini facts

Answer 18

M is an Italian citizen who mailed child porn from Italy to US. Claimed didn’t know actions were illegal in US (would’ve been legal in Italy)

Question 19

Moncini issue

Answer 19

does due process impose limitations on applicability of maxim “ignorance of law no excuse”

Question 20

Moncini holding

Answer 20

No mistake of law defense recognized here

Question 21

Moncini says that when D had ______ and only claims ____ then mistake of law seldom recognized

Answer 21

whatever mental state required for crime, unaware conduct forbidden by criminal law

Question 22

“ignorance of law no excuse” carries ___

Answer 22

a lot of force and hard for courts to get around

Question 23

Moncini reasoning

Answer 23

(1) everyone responsibility to know criminal laws
(2) if act commonly regulated/criminalized around the world a person is on notice country might crim
(3) statute doesn’t contain any language requiring M knew his specific action unlawful

Question 24

For Moncini, evidecne that he knew ___ was sufficient

Answer 24

he was mailing

Question 25

Moncini says that if D engages in behavior that is morally wrong, then ___

Answer 25

already in the wrong even if he didn’t know it was illegal

Question 26

Why everyone responsibility to know crim law?

Answer 26

(1) concerned people will say just don’t know (but judge/jury could just not believe
(2) provides incentive to remain ignorant

Question 27

Hamling facts

Answer 27

D sent obscene materials through the mail advertising how to purchase a govt report about sex with added visual graphics

Question 28

Hamling statute

Answer 28

“whoever knowingly uses the mail for mailing anything declared by this section to be nonmailable

Question 29

Hamling defendants argued that mens rea requires both proof of ____ AND ___

Answer 29

knowledge of contents of material, awareness of obscene character

Question 30

Hamling holding

Answer 30

Sufficient for prosecution to prove D knowledge of contents and that he knew the character of the material DID NOT need to know materials legally obscene

Question 31

Hamling reasoning

Answer 31

(1) maxim, legal ignorance argument hard to overcome
(2) must know there was sexual stuff involved even if didn’t know obscene

Question 32

Hamling dissent

Answer 32

If officials constitutionally allowed to report on obscenity, see nothing in 1A that allows us to ban use of glossary to illustrate what report describes

Question 33

Dissent says that Hamling marks everyone dealing in sexual materials as ___

Answer 33

sketchy so maybe should have to prove something else

Question 34

Poster N things facts

Answer 34

PNT specialized in sale of drug paraphernalia and charger with violating act prohibiting sale of para

Question 35

PNT statute

Answer 35

unlawful for any person to sell para meaning any equipment primarily intended or designed for drug use

Question 36

Primarily intended in PNT statute might refer to ___

Answer 36

D state of mind and require D knew that items at issue would be used with drug

Question 37

PNT statute could also be read to lack ___

Answer 37

lack mens rea element

Question 38

PNT holding

Answer 38

Sufficient that D be aware that customers in general are likely to use the merchandise with drugs

Question 39

PNT says knowledge requirement in this context does not require ___

Answer 39

knowledge that a particular customer will actually use a paraphernalia item with illegal drugs

Question 40

PNT reasoning

Answer 40

(1) designed or marketed for use with illegal drugs even if potential other uses
(2) think convicting all para sellers too broad
(3) court rejects MPC approach of applying recklessly everywhere

Question 41

PNT did not have to prove that ___

Answer 41

they knew it was legally considered drug paraphernalia

Question 42

X citement facts

Answer 42

Owner of adult video store sold film of underage performer. Knew of underage performances but didn’t know which films contained them

Question 43

X Citement Question

Answer 43

Does knowingly apply to nature of film only OR nature of film and that minor was used?

Question 44

X Citement holding

Answer 44

Knowingly applies to use of a minor –> Govt must prove D knew he was transporting something + knew it was a visual depiction + knew if it contained minor engaging in sexually explicit content

Question 45

X Citement says that if knowingly only applied to first section then __

Answer 45

it would capture too many people, would make anyone who ships porn liable even if didn’t know it was child porn

Question 46

How is X citment different than Hamling

Answer 46

Hamling says only have to prove knew it was sexually explicit (X ciement came after)

Question 47

X citement is reluctant to ____ and rather chose to read the statute ____

Answer 47

follow strict grammatical reading, read the statute broadly based on past cases where this was the preference (Morissette)