CWSL - 1L - CRIMINAL - general knowledge stuff

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Author:
crysc
ID:
288713
Filename:
CWSL - 1L - CRIMINAL - general knowledge stuff
Updated:
2014-11-10 00:32:55
Tags:
campbell CWSL criminal
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Description:
CAMPBELL CRIMINAL CASE - GENERAL KNOWLEDGE (eg: MALICE/HUMAN/PRESUMPTIONS/ETC.)
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  1. BURDEN OF PROOF
    burden of going forward
    • switches sides (prosecution v. defense)
    • present a prima facie case
  2. BURDEN OF PROOF
    burden of persuasion
    • always on prosecutor
    • beyond a reasonable doubt
  3. CONCLUSIVE PRESUMPTION
    • factfinder must find as fact.
    • cannot be rebutted
    • (eg: infancy defense, 10yo cannot commit felony)
  4. REBUTTABLE PRESUMPTION
    • factfinder must find as fact UNLESS contrary evidence is presented
    • "true until hole is poked"
    • switches the burden of proof
  5. PERMISSIVE PRESUMPTION
    • factfinder may find it as fact (infer as fact)
    • based on circumstantial evidence
    • (eg: no snow at night, slept, snow in morning; therefore, it must have snowed last night)
  6. HUMAN
    when are you a human?
    • traditional: @birth
    • trend:
    • fetus (murder)
    • quickened "moving" fetus (manslaughter)
    • viable "surviving" fetus (murder)
  7. HUMAN
    when are you dead?
    • traditional: heart dies
    • trend: heart OR brain dies
  8. CRIME CAUSING DEATH
    time for causation of death
    • traditional: 1yr + 1 day (conclusive)
    • trend #1: 3 yrs + 1 day (rebuttable)
    • trend #2: no time. just prove causation
  9. MALICE
    • 1. intent to kill / destroy (specific intent)
    • 2. intent to SBI / injure (specific intent)
    • 3. recklessness / disregard of very high risk (general intent)
    • 4. felony-murder (general intent)
  10. P.A.D.
    • deadly force doctrine (permissive)
    • planning, motive, manner
    • traditional: fully formed
    • trend: weight & reflected on
  11. PROVOCATION
    (manslaughter)
    • S.C = homicide caused by
    • O.A = adequate provocation (last straw approach)
    • S.S = making sufficient passion
    • O.C =before cooling off
  12. MALUM IN SE
    • common law crimes
    • naturally evil
    • (eg: DUI)
  13. MALUM PROHIBITUM
    • wrong due to being prohibited
    • eg: speeding, white collar crime)

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