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Criminal Law > Guilty Mind (2) > Flashcards

Guilty Mind (2) Flashcards

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1
Q

Dean facts

A

D robbed a bank while carrying a gun and firearm discharged. D seemed surprised

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2
Q

Dean statute

A

Any person who during any crime of violence uses or carries a firearm. shall if brandished get at least 7 years, if discharged not less than 10 years

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3
Q

Dean holding

A

No requirement that D intended to discharge the firearm

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4
Q

Dean reasoning

A

(1) No mental state in statute so what did Cong. intend
(2) Already committing a robbery so okay to punish for unintended consequence

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5
Q

Dean says that brandished is a ____

A

passive voice, emphasizing lack of intent requirement

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6
Q

Why was it okay to punish for unintended consequences of robbery in Dean

A

(1) robbery prereq to sentence enhancement
(2) rare to punish individual for unintentional conduct BUT it is common to punish for unintended consequences of unlawful conduct in commission of violent crime
(3) criminal should bear risk of harm resulting from violent crime even if specific consequence not intended
(4) analogous to felony murder (already have guilty mind)

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7
Q

Dean Stevens dissent

A

accidents causing no harm should not give rise to a felony

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8
Q

Elonis facts

A

E posted violent language about his estranged wife on his rap persona’s FB page. Said he didn’t intend to threaten anyone

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9
Q

Elonis statute

A

An individual who “transmits in interstate commerce any communication containing any threat to injure the person of another

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10
Q

Elonis holding

A

Statute implicitly requires subjective awareness

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11
Q

Elonis reasoning

A

(1) find mens rea that separates wrongful from innocent conduct for the crime
(2) requirement for crim some awareness of wrongdoing
(3) reject reading that if someone feels threatened it is a threat

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12
Q

Why does Elonis say that not enough if someone feels threatened

A

trying to avoid hypersensitive victims (want more than negligence standard), might convict people unaware of social norms

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13
Q

Four components of official interpretation of the law defense

A

(1) reasonably relied on
(2) an official interpretation of the law
(3) later determined to be erroneous
(4) contained in a statute or other enactment or obtained from person/body responsible for the interpretation

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14
Q

Marrero facts

A

M was federal corrections officer who brought unregistered pistol into a club. Said he relied on his interpretation of the statute which was that “any correctional facility” included federal facilities

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15
Q

Marrero statute

A

prohibition on weapons doesn’t apply any guard/official of state prison or any penal correctional institution

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16
Q

Marrero defndant argues that statute itself is ___

A

official statement/interpretation of the law

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17
Q

Marrero holding

A

mistake of law defense not available

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18
Q

Marrero reasoning

A

(1) statute applied only to state officers
(2) one who violates a statute cannot raise a good faith mistaken belief as to meaning of law as defense
(3) If statute itself official statement where would exceptions apply
(4) if allow this would encourage people to misconstrue laws

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19
Q

Why Marrero doesn’t want to say RP would ask attorneys

A

worried about collusion

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20
Q

Lambert facts

A

L arrested on suspicion for another offense but then charged with failure to register. Had been in LA 7+ years and said no knowledge of requirement

21
Q

Lambert statute

A

Unlawful for any convicted person to remain in LA longer than 5 days a month w/o registering

22
Q

Lambert definition of convicted

A

someone convicted of felony in CA or any offense that in CA would be a felony

23
Q

Lambert holding

A

Need actual knowledge of duty to register or proof of the probability of any such knowledge and failure to comply before convicting under this ordinance

24
Q

Lambert reasoning

A

(1) conduct punished is passive (omission)
(2) Due process requires notice but here no constructive or actual notice

25
Q

Why no notice in Lambert

A

(1) nothing about prescence in LA indicates you should register
(2) Much broader than sex offender registry law
(3) Once L made aware of registration requirement so didn’t have opportunity to comply just arrested
(4) due process imposes some limits on the maxim
(5) Not showing any lack of moral knowledge

26
Q

Lambert says the entire point of the law is ___ not ___

A

convenience for city officials, preventing/punishing inherent badness

27
Q

Lambert dissent

A

strict liability statute so no need for notice

28
Q

Liparota facts

A

L bought food stamps for below market value in back room in private

29
Q

Liparota statute

A

whoever knowingly uses, acquires food stamps in any matter not authorized (including from another individual)

30
Q

Liparota holding

A

Govt must prove that he knew his acquisition was in manner prohibited

31
Q

Liparota has a __ view allowing for __

A

narrow, mistake of law defense

32
Q

Liparota says ____ evidence counts

A

indirect (hidden exchanges, paying less than its worth, nontransferable marking)

33
Q

Why does indirect evidence count in Liparota

A

evidence knew he was doing something wrong

34
Q

Cheek facts

A

D, part of anti-tax group, stopped filing federal tax returns. Argued believed he didn’t owe any taxes and if he did uncon.

35
Q

Cheek statute

A

Any person who willfully attempts to evade any tax, shall be guilty of a felony

36
Q

Cheek issue

A

Must a good faith misunderstanding of the law be objectively reasonable to negate the specific intent requirement

37
Q

Cheek holding

A

No, govt must prove that the law imposed duty on D + D knew duty + voluntarily/intentionally avoided that duty

38
Q

Cheek says there is no requirement that ___

A

good faith mistakes be reasonable under tax law

39
Q

Cheek reasoning

A

(1) complexity of tax law makes it difficult for citizens to keep up so requires specific intent
(2) not morally loaded conduct
(3) reasonable belief not required but judge/jury less likely to find D didn’t know of duty if that belief is unreasonable

40
Q

Cheek says that while ignorance of law is no excuse, some laws are ____ and ____

A

more difficult to know/understand, leg tries to take care of this problem by inserting willfulness requirement

41
Q

Ratzlaf facts

A

R had 160k in gambling debt, returned with 100K in cash but would told casino would have to notify authorities for any cash over 10K so visited many banks and got many cashier’s checks under the limit

42
Q

Ratzlaf statute

A

No person shall for the purpose of evading currency reporting requirements structure any transaction.. person willfully violating this law can be guilty

43
Q

Ratzlaf holding

A

Govt must prove D knew structuring transactions is illegal

44
Q

Ratzlaf reasoning

A

(1) narrow reading because currency reporting requirements not morally loaded
(2) willfully often interpreted as knowledge of and intent to break the law (impose additional element to crime)

45
Q

Bryan facts

A

B used straw purchasers in Ohio to buy guns, filed off serial numbers and then sold guns on Brooklyn streets. Said didn’t know specific federal legislation he was violating

46
Q

Bryan statute

A

unlawful for any person except a licensed person to engage in the business of dealing in firearms…to knowingly import and to willfully violate any other provisions

47
Q

Bryan holding

A

Can be convicted for willfully selling –> D must have knowledge that his conduct is unlawful but need not know specific statute he is violating

48
Q

Bryan reasoning

A

B knew what he was doing was unlawful regardless of what statute he was violating

49
Q
A

Criminal Law (10 decks)

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