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Harmelin v. Michigan
Clark v. Arizona
United States v. Bailey
Cheek v. United States
A claimed good-faith belief need not be reasonable in order to be considered as a defense.
A mistake may be a valid defense if it negates the mens rea element of a crime.
- NEED TO CHECK THIS OUT
- Tags: "Defenses"
Staples v. United States
Public welfare crimes do not require mens rea
***NEED TO LOOK OVER
Ratzlaf v. United States
Tags: Mens Rea
Powell v. Texas
ACT MUST BE VOLUNTARY
Robinson v. California
THERE MUST BE AN ACT- PUNISHMENT BARRED BY 8TH AMENDMENT
- 1. "addicted to use" of narcotics is a condition or status, not an act
- 2. Addiction is not always voluntary (can result from medically prescribed drugs, can be addict from moment of birth)
- 3. Punishment would be cruel and unusual under 8th amendment
- i. court says punishment for narcotics addiction is like punishing someone
- with a venereal disease, mentally ill, being a leper, or the common cold
Patterson v. New York
- It is NOT unconstitutional under the 14th amendment (due process clause) to burden a defendant with proving the affirmative defense
- in this case: extreme emotional disturbance as defined by New York law, reducing murder to manslaughter
Tags: Proof of Guilt to the Jury, 14th amendment, affirmative defense
Lambert v. California
- Mens Rea
- *check to make sure we read this
Chicago v. Morales
- -a law cannot be so vague that a person of ordinary intelligence can not figure out what is innocent activity and what is illegal
- -in this case loitering ordinance does not provide specific limitations on enforcement discretion of the police and too little notice to citizens who wish to use city streets
Tags: Precision in Definition, loitering
Roper v. Simmons
UNCONSTITUTIONAL UNDER 8TH AMENDMENT TO IMPOSE CAPITAL PUNISHMENT ON OFFENDER LESS THAN 18 YRS OLD WHEN COMMITED CRIME
Tags: Proportionality, 8th amendment, capital punishment, "cruel and unusual punishment"
Embezzlement at Common Law
- 1. A fraudulent
- 2. conversion of
- 3. the property
- 4. of another
- 5. by one who is already in lawful posession of it
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