Random Rules Flashcards
Younger Abstention Doctrine
A court will not enjoin a pending state criminal case in the absence of bad faith, harassment, or a patently invalid state statute.
Abstention also may be appropriate with regard to a civil enforcement proceeding or a civil proceeding involving an order uniquely in furtherance of the state courts’ ability to perform their judicial functions, such as a civil contempt order.
Pullman Abstention Doctrine
A court may refrain from ruling on a federal constitutional claim that depends on resolving an unsettled issue of state law best left to the state courts.
Doctrine of Abstention - Generally
A federal court may abstain from deciding a claim when strong state interests are at stake.
Test to determine whether a state tax on interstate commerce comports with the Commerce Clause
(i) there must be a substantial nexus between the activity being taxed and the taxing state,
(ii) the tax must be fairly apportioned according to a rational formula, such that it reflects the amount of business in the state,
(iii) it must not provide a direct commercial advantage to local businesses over interstate competitors, and
(iv) the tax must be fairly related to the services provided by the taxing state.
GA Mens Rea Presumption
GA courts may infer intent based on words, conduct, demeanor, motive, and all other circumstances connected with the act
A rebuttable presumption exists that the acts of a person of sound mind are the acts of that person’s will, and that she intends the natural and probable consequences of her acts
Specific intent (SI) crimes
The defendant has a subjective desire, specific objective, or knowledge to accomplish prohibited result
FIAT
First-degree murder
Inchoate offenses
Assault with intent to commit battery
Theft offenses
Malice crimes
(CL murder , arson)
- Reckless disregard of a high risk of harm
- Requires only a criminal act without excuse, justification, or mitigation
- Intent can be inferred from the accomplishment of the act
General intent crimes
(e.g., battery, rape, kidnapping, and false imprisonment)
* Require the intent to perform an unlawful act
* Intent—purposely, knowingly, recklessly, or negligently
Transferred intent
When D acts with intent to cause harm to one person or object and that act directly results in harm to another person or object
* Applies only to “bad aim” cases (not mistaken identity)
* Usually confined to homicide, battery, and arson
* Not for attempted crimes (only completed crimes)
* MPC—transferred intent not specifically recognized, but liability is recognized when purposely, knowingly, recklessly, or negligently causing a particular result is an element of an offense
Model Penal Code Mental States
- Purposely—D’s conscious objective is to engage in the conduct or to cause a certain result
- Knowingly/willfully—D is aware or knows that the result is practically certain to occur based on his conduct
- Recklessly—D acts with a conscious disregard of a substantial and unjustifiable risk
- Negligently—D should be aware of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct (i.e., a gross deviation from the standard of care)
Strict-liability crimes
(e.g., statutory rape, bigamy, regulation of food and drugs)
* No mens rea; proof of the actus reus is sufficient for conviction
* Generally disfavored; there must be clear legislative intent to dispense with the mens rea
GA Corporate Vicarious Liability
GA will prosecute a corporation when a statute clearly indicates a legislative purpose to impose liability on a corporation and an agent performs the conduct that is an element of the crime while acting within the scope of his employment
Mistake as a defense
Mistake of fact
* May negate criminal intent (if an “honest mistake”)
* A defense to specific-intent crimes, even if unreasonable
* A defense to general-intent or malice crimes, only if reasonable
Mistake of law—only valid if:
* D relied on court decision/administrative order or official interpretation,
* Statutory definition of malum prohibitum crime not available before conduct, or
* An honestly held mistake of law negates required intent or mental state
GA Criminal Jurisdiction
GA will prosecute any person who commits a crime within GA; engages in conduct outside of GA that is an attempt to commit a crime in GA; or engages in conduct in GA that is an attempt to commit a crime in another jurisdiction which is also a crime in GA
Accomplice
A person who, with the requisite mens rea, aids or abets a principal prior to or during the commission of the crime
Responsible for the crime and all other crimes that are the natural and probable consequences of the accomplice’s conduct
To withdraw, an accomplice must:
* Repudiate prior aid,
* Do all that is possible to countermand prior assistance, and
* Do so before the chain of events is in motion and unstoppable.
