Crim Law

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Author:
Anonymous
ID:
49235
Filename:
Crim Law
Updated:
2010-11-13 11:09:42
Tags:
chinchilla
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Description:
Crim Law
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  1. Harmelin v. Michigan
    Proportionality
  2. Clark v. Arizona
    Diminshed Capacity
  3. Jacobson
    Entrapment
  4. United States v. Bailey
    GO OVER

    Tags: Duress
  5. 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"
  6. Staples v. United States
    Public welfare crimes do not require mens rea

    ***NEED TO LOOK OVER

    Strict Liability
  7. Ratzlaf v. United States
    Tags: Mens Rea
  8. Powell v. Texas
    ACT MUST BE VOLUNTARY
  9. 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
  10. 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
  11. Lambert v. California
    • Mens Rea
    • *check to make sure we read this
  12. 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
  13. 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"
  14. 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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