Section 20 Mistake as to a Justification 631. Chapter 4. Offenses Against the Person Article 1. Homicide Section Murder in the First Degree

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Section 20 Mistake as to a Justification 631. Chapter 4. Offenses Against the Person Article 1. Homicide Section Murder in the First Degree"

Transcription

1 Section 20 Mistake as to a Justification 631 THE LAW Wyoming Statutes (1982) Chapter 4. Offenses Against the Person Article 1. Homicide Section Murder in the First Degree (a) Whoever purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate any rape, sexual assault, arson, robbery or burglary, or by administering poison or causing the same to be done, kills any human being, or whoever purposely and with premeditated malice kills any peace officer, correction employee or fireman acting in the line of duty, is guilty of murder in the first degree. (b) A person convicted of murder in the first degree shall be punished by death or life imprisonment according to the law. Section Presentence Hearing for Murder in the First Degree; Mitigating and Aggravating Circumstances (a) Upon conviction of a person for murder in the first degree the judge shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death or life imprisonment. The hearing shall be conducted before the judge alone if: (i) The defendant was convicted by a judge sitting without a jury; (ii) The defendant has pled guilty; or (iii) The defendant waives a jury with respect to the sentence. (b) In all other cases the sentencing hearing shall be conducted before the jury which determined the defendant s guilt or, if the judge for good cause shown discharges the jury, with a new jury impaneled for that purpose. (c) The judge or jury shall hear evidence as to any matter that the court deems relevant to a determination of the sentence, and shall include matters relating to any of the aggravating or mitigating circumstances enumerated in subsections (h) and (j) of this section. Any evidence which the court deems to have probative value may be received regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements, and provided further that only such evidence in aggravation as the state has made known to the defendant or his counsel prior to his trial shall be admissible. (d) Upon conclusion of the evidence and arguments the judge shall give the jury appropriate instructions, including instructions as to any aggravating or mitigating circumstances, as defined in subsections (h) and (j) of this section, or

2 632 Part VI.a Justification Defenses proceed as provided by paragraph (ii) of this subsection: (i) After hearing all the evidence, the jury shall deliberate and render a recommendation of sentence to the judge, based upon the following: (A) Whether one (1) or more sufficient aggravating circumstances exist as set forth in subsection (h) of this section; (B) Whether sufficient mitigating circumstances exist as set forth in subsection (j) of this section which outweigh the aggravation circumstances found to exist; and (C) Based upon these considerations, whether the defendant should be sentenced to death or life imprisonment. (ii) In nonjury cases, the judge shall determine if any aggravating or mitigating circumstances exist and impose sentence within the limits prescribed by law, based upon the considerations enumerated in (A), (B), and (C) of this subsection. (e) The death penalty shall not be imposed unless at least one (1) of the aggravating circumstances set forth in subsection (h) of this section is found. The jury, if its verdict is a recommendation of death, shall designate in writing signed by the foreman of the jury the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such a designation. If the jury cannot, within a reasonable time, agree on the punishment to be imposed, the judge shall impose a life sentence. (f) Unless the jury trying the case recommends the death sentence in its verdict, the judge shall not sentence the defendant to death but shall sentence the defendant to life imprisonment as provided by law. Where a recommendation of death is made, the court shall sentence the defendant to death. (g) If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment. (h) Aggravating circumstances are limited to the following: (i) The murder was committed by a person under sentence of imprisonment; (ii) The defendant was previously convicted of another murder in the first degree or a felony involving the use or threat of violence to the person; (iii) The defendant knowingly created a great risk of death to two (2) or more persons; (iv) The murder was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, robbery, rape, sexual assault, arson, burglary, kidnapping, or aircraft piracy or the unlawful throwing, placing, or discharging of a destructive device or bomb; (v) The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody; (vi) The murder was committed for pecuniary gain; (vii) The murder was especially heinous, atrocious, or cruel; (viii) The murder of a judicial officer, former judicial officer, district attorney, former district attorney, or former county and prosecuting attorney, during or because of the exercise of his official duty.

3 Section 20 Mistake as to a Justification 633 (j) Mitigating circumstances shall be the following: (i) The defendant has no significant history of prior criminal activity; (ii) The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance; (iii) The victim was a participant in the defendant s conduct or consented to the act; (iv) The defendant was an accomplice in a murder committed by another person and his participation in the homicidal act was relatively minor; (v) The defendant acted under extreme duress or under the substantial domination of another person; (vi) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; (vii) The age of the defendant at the time of the crime. Section Murder in the Second Degree Whoever purposely and maliciously, but without premeditation, kills any human being, is guilty of murder in the second degree, and shall be imprisoned in the penitentiary for any term not less then twenty (20) years, or during life. Section Manslaughter Whoever unlawfully kills any human being without malice, expressed or implied, either voluntarily, upon the sudden heat of passion, or involuntarily, but in commission of some unlawful act, except as provided in W.S [Homicide by vehicle; aggravated homicide by vehicle; penalties], or by any culpable neglect or criminal carelessness, is guilty of manslaughter, and shall be imprisoned in the penitentiary not more than twenty (20) years. Section Conspiracy Chapter 1. General Provisions Article 2. Conspiracy (a) A person is guilty of conspiracy to commit a crime if he agrees with one (1) or more persons to commit a crime and he or another person does an overt act to effect the object of the agreement. (b) A person is not liable under this section if after conspiring he withdraws from the conspiracy under circumstances manifesting voluntary and complete renunciation of his criminal intention. (c) A conspiracy may be prosecuted in the county where the agreement was entered into, or in any county where any act evidencing the conspiracy or furthering the purpose took place.

4 634 Part VI.a Justification Defenses Section Penalty The penalty for attempt, solicitation, and conspiracy is the same as the penalty for the most serious offense which is attempted, solicited or is an object of the conspiracy except that an attempt, solicitation or conspiracy to commit a capital crime is not punishable by the death penalty if the capital crime is not committed. Loy v. State 26 Wy. 381, 185 P. 796 (1919) The defendant was convicted of murder in the first degree and sentenced to imprisonment in the penitentiary for life. The defendant was a white guest of a hotel in Laramie who shot an African-American porter during a brief altercation. The court approved the following jury instruction given to the jury regarding premeditation: The word premeditated, as used in the information and in the statute, means to think beforehand. It implies an interval, however brief, between the formation of the intent or design and the commission of the act. To find the defendant guilty of murder in the first degree, you must find from the evidence beyond a reasonable doubt that he killed the deceased purposely and with premeditated malice as herein defined. But it is not necessary that such premeditation should have existed in the mind of the defendant for any particular length of time before the killing; it is sufficient if he has deliberately formed in his mind a determination to kill and has thought over it before the shot was fired.... It is the fixed, deliberate, premeditated intention to kill which characterizes the crime of murder in the first degree, and the premeditated malice mentioned in the information need only be such deliberation and thought as enable a person to appreciate and understand at the time the act is committed the nature of the act and its probable results. The defendant claimed that the porter approached him in a threatening way while touching his coat pocket. In response, the defendant pulled out a gun and shot the victim, as he claimed, in self-defense. The court affirmed his conviction and held that self-defense was permitted as a justification for murder when the Defendant...not only believe[s] he is in danger, but the circumstances must be such as to afford reasonable grounds for the belief. In this case, the circumstances did not afford such reasonable grounds for his belief. Ross v. State 57 P. 924 (Wyo. 1899) The defendant was charged with first-degree murder, but convicted of second-degree murder and sentenced to life imprisonment for the shooting death of a competitor saloon owner. While the facts were in dispute, it was clear that the defendant had attempted to provoke the decedent with insults and disparaging remarks, and that his actions resulted in either a gun battle between

5 Section 20 Mistake as to a Justification 635 the men or the defendant s unprovoked shooting of the decedent. The state s evidence showed that the decedent was unarmed. The defendant appealed his conviction and charged that the trial court erred by permitting a jury instruction as to implied malice. The supreme court affirmed the lower court s decision and held that the instruction that [t]hough there was no premeditation, a charge that malice is implied from any deliberate and cool act done against another, however sudden, which shows an abandoned and malignant heart, and where one person assaults another with a deadly weapon in such a manner as is likely to cause death, although he had no previous malice or ill will against the party assaulted, yet he is presumed, in law, to have such malice at the moment of the assault, and, if death result therefrom, it is murder, was not erroneous, as authorizing a conviction of murder in the first degree. State v. Helton 73 Wyo. 92, 115, 276 P.2d 434, 442 (1954) In reversing a conviction for murder and entering a judgement for voluntary manslaughter for the defendant s shooting of her husband, the court explained the offense of voluntary manslaughter in this way: Our laws recognize an intermediate crime lying someplace between the excusable, justifiable or privileged killing of a human being, and the unlawful taking of a life with malice [i.e., murder]. [W]e find in our law, that the intentional (i.e., voluntary) doing of the wrongful act, upon a sudden heat of passion, although completely free of express, implied, constructive or legal malice, but committed without legal excuse, privilege or justification, is a punishable crime which we call voluntary manslaughter. This simply recognizes that there may be circumstances surrounding a killing which...while not producing that degree of mental disturbance or aberration of the mind which is necessary in law to excuse the homicide, still leaves the mind devoid of that wicked, evil and unlawful purpose, or of that wilful disregard of the rights of others which is implied in the term malice. Such circumstances mitigate or extenuate the act and make the homicide a crime of lesser degree. The sudden heat of passion contemplated by our voluntary manslaughter statute is descriptive of just such a state of mind, and it may occur from any emotional excitement of such intensity that it temporarily obscures reason, or leaves the mind bereft of reason. Foley v. State 72 P. 627 (Wyo. 1903) The defendant was convicted of second degree murder and appealed on an issue of error by the trial court for admitting hearsay testimony. Within its opinion, the court defined a defense for mistaken self-defense: [h]omicide is justifiable on the ground of self-defense where the slayer, in the careful and proper use of his faculties, bona fide believes, and has reasonable ground to believe, that he is in imminent danger of death or great bodily harm, and that his only means of

6 636 Part VI.a Justification Defenses escape from such danger will be by taking the life of his assailant, although in fact he is mistaken as to the existence or imminence of the danger. Harries v. State 650 P.2d 273 (Wyo. 1982) The defendant was convicted of use of a weapon to commit assault and battery on another. He had been involved in a bar fight during which he was struck by an unknown assailant. He retaliated with a shot to the leg of a third party. He then went for a weapon in his friend s truck, pulled out a gun, and fired it when a third party tried to take the weapon from him. He claimed a reasonable belief that actions were justified as self-defense and defense of others based on the third party s movements toward him during the scuffle. The court dismissed his defense-of-others argument because it had not been raised at trial. It affirmed his conviction despite his self-defense claim because the defendant s belief was not one that an objectively reasonable person would hold. The court affirmed the trial court s jury instruction that the elements of self-defense required that the defendant have reasonable grounds for believing and does believe that bodily injury is about to be inflicted upon him. In doing so he may use all force and means which he believes to be necessary and which would appear to a reasonable person, in the same or similar circumstances, to be necessary to prevent the injury which appears to be imminent. (Quoting Instruction No. 10; Wyoming Pattern Jury Instructions, Criminal, ) The court further held that [t]o justify acting in self-defense, it is not necessary that the danger was real, or that the danger was impending and immediate, so long as the defendant had reasonable cause to believe and did believe these facts. If these two requirements are met, acting in self-defense was justified even though there was no intention on the part of the other person to do him harm, nor any impending and immediate danger, nor the actual necessity for acting in selfdefense. (Quoting Instruction No. 11; Wyoming Pattern Jury Instructions Criminal, ) Delaney v. State 14 Wyo. 1, 81 P. 792 (1905) Defendant was found guilty of assault with intent to murder one Stark. Because he was in his own home at the time of the assault, he objected to the following jury instruction, on the ground that it violated his right not to have to retreat from his own house before using deadly force: If you find from the evidence that the defendant could have retired to a place of safety before Stark reached his gun, then it was his duty to have done so, and he was not justified in shooting Stark because he may have believed that Stark was going after his gun. To justify the use of a deadly weapon by the defendant when an assault has been made upon him, the circumstances must

7 Section 20 Mistake as to a Justification 637 appear to be such that there is no other reasonable means of escape from death or great bodily harm. The court rejects the claim and affirms the conviction, saying: Having been the aggressor, the defendant placed himself in the attitude of one who assaults another on the highway, and upon whom the law imposes the duty of withdrawing in good faith from, and not for the purpose of renewing, the assault, before he can justify shooting his adversary on the ground of self-defense. Model Penal Code (Official Draft 1962) Section Mistake of Law as to Unlawfulness of Force or Legality of Arrest; Reckless or Negligent Use of Otherwise Justifiable Force; Reckless or Negligent Injury or Risk of Injury to Innocent Persons (1) The justification afforded by Sections 3.04 to 3.07, inclusive, is unavailable when: (a) the actor s belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and (b) his error is due to ignorance or mistake as to the provisions of the Code, any other provision of the criminal law or the law governing the legality of an arrest or search. (2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under Sections 3.03 to 3.08 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justiciability of his use of force, the justification afforded by those Sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability. (3) When the actor is justified under Sections 3.03 to 3.08 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those Sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons. Section Military Orders It is an affirmative defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know to be unlawful.

I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i.

I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i. I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i. A specific intent crime is one in which an actual intent on the part of the

More information

Terry Lenamon s Collection of Florida Death Penalty Laws February 23, 2010 by Terry Penalty s Death Penalty Blog

Terry Lenamon s Collection of Florida Death Penalty Laws February 23, 2010 by Terry Penalty s Death Penalty Blog Terry Lenamon s Collection of Florida Death Penalty Laws February 23, 2010 by Terry Penalty s Death Penalty Blog Mention the death penalty and most often, case law and court decisions are the first thing

More information

NC General Statutes - Chapter 15A Article 100 1

NC General Statutes - Chapter 15A Article 100 1 SUBCHAPTER XV. CAPITAL PUNISHMENT. Article 100. Capital Punishment. 15A-2000. Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. (a) Separate Proceedings

More information

Question With what crime or crimes should Dan be charged? Discuss. 2. What defense or defenses might Dan assert? Discuss.

Question With what crime or crimes should Dan be charged? Discuss. 2. What defense or defenses might Dan assert? Discuss. Question 2 As Dan walked down a busy city street one afternoon, Vic, a scruffy, long-haired young man, approached him. For some time, Dan had been plagued by a pathological fear that long-haired transients

More information

The defendant has been charged with second degree murder. 1

The defendant has been charged with second degree murder. 1 Page 1 of 11 206.30 SECOND DEGREE MURDER WHERE A DEADLY WEAPON IS USED, COVERING ALL LESSER INCLUDED HOMICIDE OFFENSES AND SELF- DEFENSE. FELONY. NOTE WELL: If self-defense is at issue and the assault

More information

The defendant has been charged with second degree murder. 1. Under the law and the evidence in this case, it is your duty to return

The defendant has been charged with second degree murder. 1. Under the law and the evidence in this case, it is your duty to return PAGE 1 OF 14 NOTE WELL: If self-defense is at issue and the assault occurred in defendant s home, place of residence, workplace or motor vehicle, see N.C.P.I. Crim. 308.80, Defense of Habitation. The defendant

More information

The defendant has been charged with first degree murder.

The defendant has been charged with first degree murder. Page 1 of 11 206.14 FIRST DEGREE MURDER - MURDER COMMITTED IN PERPETRATION OF A FELONY 1 OR MURDER WITH PREMEDITATION AND DELIBERATION WHERE A DEADLY WEAPON IS USED. CLASS A FELONY (DEATH OR LIFE IMPRISONMENT);

More information

Section 9 Causation 291

Section 9 Causation 291 Section 9 Causation 291 treatment, Sharon is able to leave the hospital and move into an apartment with a nursing assistant to care for her. Sharon realizes that her life is not over. She begins taking

More information

QUESTION What charges can reasonably be brought against Steve? Discuss. 2. What charges can reasonably be brought against Will? Discuss.

QUESTION What charges can reasonably be brought against Steve? Discuss. 2. What charges can reasonably be brought against Will? Discuss. QUESTION 2 Will asked Steve, a professional assassin, to kill Adam, a business rival, and Steve accepted. Before Steve was scheduled to kill Adam, Will heard that Adam s business was failing. Will told

More information

FEDERAL STATUTES. 10 USC 921 Article Larceny and wrongful appropriation

FEDERAL STATUTES. 10 USC 921 Article Larceny and wrongful appropriation FEDERAL STATUTES The following is a list of federal statutes that the community of targeted individuals feels are being violated by various factions of group stalkers across the United States. This criminal

More information

692 Part VI.b Excuse Defenses

692 Part VI.b Excuse Defenses 692 Part VI.b Excuse Defenses THE LAW New York Penal Code (1999) Part 3. Specific Offenses Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation Article

More information

ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CRIMINAL LAW ESSAY

ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM.  CRIMINAL LAW ESSAY I. PRINCIPLES OF CRIMINAL LAW a. Actus reus b. Mens rea c. Concurrence d. Causation II. III. ESSAY APPROACH www.barexamdoctor.com CRIMINAL LAW ESSAY ACCOMPLICE LIABILITY a. Elements of accomplice liability

More information

CRIMINAL LAW ESSAY SERIES ESSAY QUESTION #2 MODEL ANSWER. 1. With what crime or crimes should Dan be charged? Discuss.

CRIMINAL LAW ESSAY SERIES ESSAY QUESTION #2 MODEL ANSWER. 1. With what crime or crimes should Dan be charged? Discuss. CRIMINAL LAW ESSAY SERIES ESSAY QUESTION #2 MODEL ANSWER As Dan walked down a busy city street one afternoon, Vic, a scruffy, long-haired young man, approached him. For some time, Dan had been plagued

More information

1 California Criminal Law (4th), Crimes Against the Person

1 California Criminal Law (4th), Crimes Against the Person 1 California Criminal Law (4th), Crimes Against the Person I. ASSAULT AND BATTERY A. In General. 1. Nature of Offenses. (a) [ 1] In General. (b) [ 2] Relationship Between Offenses. (c) [ 3] Classification

More information

Criminal Law Outline intent crime

Criminal Law Outline intent crime This outline was created for the July 2006 Oregon bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to www.barexammind.com/outlines. Criminal

More information

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY LEACH, HAYWOOD, HUGHES AND BLAKE, MAY 8, 2017 AN ACT

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY LEACH, HAYWOOD, HUGHES AND BLAKE, MAY 8, 2017 AN ACT PRINTER'S NO. 0 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 0 Session of 0 INTRODUCED BY LEACH, HAYWOOD, HUGHES AND BLAKE, MAY, 0 REFERRED TO JUDICIARY, MAY, 0 AN ACT 0 Amending Titles (Crimes

More information

PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY of 12 7/7/2018, 5:47 PM PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY SUBCHAPTER A. GENERAL PROVISIONS Sec. 9.01. DEFINITIONS.

More information

Death Penalty. Terry Lenamon on the. Terry Lenamon s List of State Death Penalty Mitigation Statutes (Full Text)

Death Penalty. Terry Lenamon on the. Terry Lenamon s List of State Death Penalty Mitigation Statutes (Full Text) Terry Lenamon on the Death Penalty Sidebar with a Board Certified Expert Criminal Trial Attorney Terence M. Lenamon is a Terry Lenamon s List of State Death Penalty Mitigation Statutes (Full Text) Florida

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Criminal Law/Criminal Procedure/Constitutional Law And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1

More information

CRIMINAL LAW OUTLINE1

CRIMINAL LAW OUTLINE1 DAN WILSON'S OUTLINES My outlines are not intended to be definitive, comprehensive treatments of the various subjects. They are offered to show the thought processes of a successful bar study process.

More information

Introduction to Criminal Law

Introduction to Criminal Law Winter 2019 Introduction to Criminal Law Recognizing Offenses Shoplifting equals Larceny Criminal possession of stolen property. Punching someone might be Assault; or Harassment; or Menacing Recognizing

More information

Intended that deadly force would be used in the course of the felony.] (or)

Intended that deadly force would be used in the course of the felony.] (or) Page 1 of 38 150.10 NOTE WELL: This instruction and the verdict form which follows include changes required by Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), Cabana v. Bullock,

More information

(Reprinted with amendments adopted on May 6, 2003) SECOND REPRINT A.B. 15. Referred to Committee on Judiciary

(Reprinted with amendments adopted on May 6, 2003) SECOND REPRINT A.B. 15. Referred to Committee on Judiciary (Reprinted with amendments adopted on May, 00) SECOND REPRINT A.B. ASSEMBLY BILL NO. COMMITTEE ON JUDICIARY (ON BEHALF OF LEGISLATIVE COMMITTEE TO STUDY DEATH PENALTY AND RELATED DNA TESTING (ACR OF THE

More information

VOLUNTARY MANSLAUGHTER INCLUDING SELF-DEFENSE (IN THE HEAT OF

VOLUNTARY MANSLAUGHTER INCLUDING SELF-DEFENSE (IN THE HEAT OF PAGE 1 OF 8 NOTE WELL: This instruction is designed for use in those cases in which the most serious homicide charged is voluntary manslaughter. It should be used only in cases where there is evidence

More information

CHAPTER House Bill No. 7101

CHAPTER House Bill No. 7101 CHAPTER 2016-13 House Bill No. 7101 An act relating to sentencing for capital felonies; amending s. 775.082, F.S.; conforming a provision to changes made by the act; amending s. 782.04, F.S.;requiringtheprosecutortogivenoticetothedefendantandtofilethe

More information

Law School for Journalists

Law School for Journalists Law School for Journalists Tuesday, August 7, 2012 8:30 to 10:00 a.m. 1900 Grant Street 3rd Floor - Denver, CO 80203 Incompetent to Proceed C.R.S. 16-8.5-101 Definition As a result of a mental disability

More information

(a) Except as provided in K.S.A Supp and , and amendments thereto, if a

(a) Except as provided in K.S.A Supp and , and amendments thereto, if a Special Session of 2013 HOUSE BILL NO. AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing of certain persons to mandatory minimum term of imprisonment of 40 or 50 years;

More information

Question What criminal charges, if any, should be brought against Art and Ben? Discuss.

Question What criminal charges, if any, should be brought against Art and Ben? Discuss. Question 3 After drinking heavily, Art and Ben decided that they would rob the local all-night convenience store. They drove Art s truck to the store, entered, and yelled, This is a stickup, while brandishing

More information

214 Part III Homicide and Related Issues

214 Part III Homicide and Related Issues 214 Part III Homicide and Related Issues THE LAW Kansas Statutes Annotated (1) Chapter 21. Crimes and Punishments Section 21-3401. Murder in the First Degree Murder in the first degree is the killing of

More information

Section 17 Lesser Evils Defense 535. Chapter Ten. Offenses Against the Person. Article One. Causing Death

Section 17 Lesser Evils Defense 535. Chapter Ten. Offenses Against the Person. Article One. Causing Death Section 17 Lesser Evils Defense 535 THE LAW Israeli Penal Law (1995) (5737-1977, as amended in 5754-1994) Section 298. Manslaughter Chapter Ten. Offenses Against the Person Article One. Causing Death If

More information

Section 11 Impossibility Relying only on your own intuitions of justice, what liability and punishment, if any, does John Henry Ivy deserve?

Section 11 Impossibility Relying only on your own intuitions of justice, what liability and punishment, if any, does John Henry Ivy deserve? Section 11 Impossibility 349 and a lock of hair (which was taken from a detective on the case). After photographing the transaction, undercover officers from the Highway Patrol arrest Leroy. They later

More information

CRM 321 Mod 5 Lecture Notes

CRM 321 Mod 5 Lecture Notes CRM 321 Mod 5 Lecture Notes In this module we will examine the worst of the crimes that can be committed - crimes against persons. Persons crimes are distinguished from so-called victimless crimes, crimes

More information

CRIMINAL LAW CHART OF BLACK LETTER LAW DEFINITIONS & ELEMENTS

CRIMINAL LAW CHART OF BLACK LETTER LAW DEFINITIONS & ELEMENTS I. BASIC DEFINITION - Act + Mental State + Result = Crime Defenses II. ACTUS REUS - a voluntary act, omissions do not usually count. A. VOLUNTARY ACT Requires a voluntary and a social harm An act is voluntary

More information

Florida Jury Instructions. 7.2 MURDER FIRST DEGREE (1)(a), Fla. Stat.

Florida Jury Instructions. 7.2 MURDER FIRST DEGREE (1)(a), Fla. Stat. Florida Jury Instructions 7.2 MURDER FIRST DEGREE 782.04(1)(a), Fla. Stat. When there will be instructions on both premeditated and felony, the following explanatory paragraph should be read to the jury.

More information

CHAPTER 14. Criminal Law and Juvenile Law

CHAPTER 14. Criminal Law and Juvenile Law CHAPTER 14 Criminal Law and Juvenile Law CRIMINAL LAW Chapter 14 Section I Case File and 345-347 Review the case file at the beginning of the chapter. Think about the situation (however exaggerated it

More information

OFFENSES BY PUNISHMENT RANGE

OFFENSES BY PUNISHMENT RANGE PENAL CODE OFFENSES BY PUNISHMENT RANGE Including Updates From the 84 th Legislative Session REV 11/15 CLASSIFICATION OF TITLE 5. OFFENSES AGAINST THE PERSON TEXAS PENAL CODE s Against the Person include

More information

An appeal from the Circuit Court for Alachua County. Robert P. Cates, Judge.

An appeal from the Circuit Court for Alachua County. Robert P. Cates, Judge. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KWAMIN HASSAN THOMAS, Appellant, v. STATE OF FLORIDA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF

More information

ALA CODE 13A-3-20 : Alabama Code - Section 13A-3-20: DEFINITIONS

ALA CODE 13A-3-20 : Alabama Code - Section 13A-3-20: DEFINITIONS ALA CODE 13A-3-20 : Alabama Code - Section 13A-3-20: DEFINITIONS The following definitions are applicable to this article: (1) BUILDING. Any structure which may be entered and utilized by persons for business,

More information

Question 2. Dawn lives in an apartment with her dog Fluffy and her boyfriend Bill. A year ago Bill began buying and selling illegal drugs.

Question 2. Dawn lives in an apartment with her dog Fluffy and her boyfriend Bill. A year ago Bill began buying and selling illegal drugs. Question 2 Dawn lives in an apartment with her dog Fluffy and her boyfriend Bill. A year ago Bill began buying and selling illegal drugs. One day Bill asked Dawn to deliver a plastic bag containing a white

More information

Title 17-A: MAINE CRIMINAL CODE

Title 17-A: MAINE CRIMINAL CODE Title 17-A: MAINE CRIMINAL CODE Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION Table of Contents Part 1. GENERAL PRINCIPLES... Section 101. GENERAL RULES FOR DEFENSES AND AFFIRMATIVE DEFENSES;

More information

The Sources of and Limits on Criminal Law 1

The Sources of and Limits on Criminal Law 1 CONTENTS Preface xiii Acknowledgments About the Author xv xvii I. CHAPTER 1 The Sources of and Limits on Criminal Law 1 A. Introduction 1 1. The Purpose of Criminal Law 1 a) Morality and Blame 2 b) The

More information

CHAPTER Committee Substitute for Senate Bill No. 1282

CHAPTER Committee Substitute for Senate Bill No. 1282 CHAPTER 97-69 Committee Substitute for Senate Bill No. 1282 An act relating to imposition of adult sanctions upon children; amending s. 39.059, F.S., relating to community control or commitment of children

More information

UNIT 2 Part 1 CRIMINAL LAW

UNIT 2 Part 1 CRIMINAL LAW UNIT 2 Part 1 CRIMINAL LAW 1 OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. NBEA STANDARD I: Analyze the

More information

Comparative Criminal Law 6. Defences

Comparative Criminal Law 6. Defences Comparative Criminal Law 6 Defences 11.03.2013 Content Defenses. Infringement. Guilt. Corporate responsibility. Two, three or more elements? Actus reus and mens rea (-defenses) Actus reus, infringement

More information

Question Are Mel and/or Brent guilty of: a. Murder? Discuss. b. Attempted murder? Discuss. c. Conspiracy to commit murder? Discuss.

Question Are Mel and/or Brent guilty of: a. Murder? Discuss. b. Attempted murder? Discuss. c. Conspiracy to commit murder? Discuss. Question 1 Mel suffers from a mental disorder that gives rise to a subconscious desire to commit homicide. Under the influence of the mental disorder, Mel formulated a plan to kill Herb by breaking into

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC18-1666 IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT 2018-08. PER CURIAM. December 13, 2018 The Supreme Court Committee on Standard Jury Instructions in Criminal

More information

CHAPTER 8: JUSTIFICATIONS INTRODUCTION

CHAPTER 8: JUSTIFICATIONS INTRODUCTION CHAPTER 8: JUSTIFICATIONS INTRODUCTION Defenses can be broken down into types. First are defenses specified in the Texas Penal Code (TPC) that apply only to certain specific offenses. For instance, the

More information

TIER 2 EXCLUSIONARY CRIMES

TIER 2 EXCLUSIONARY CRIMES TIER 2 EXCLUSIONARY S Violent or Serious Felonies, Offenses Requiring Registration as a Sex Offender and Felony Offenses for Fraud Against a Public Social Services Program Pursuant to Welfare and Institutions

More information

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY Sponsored by COMMITTEE ON JUDICIARY 0th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session Senate Bill SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the

More information

Introduction to Criminal Law

Introduction to Criminal Law Introduction to Criminal Law CHAPTER CONTENTS Introduction 2 Crimes versus Civil Wrongs 2 Types of Criminal Offences 3 General Principles of Criminal Law 4 Accessories and Parties to Crimes 5 Attempted

More information

Deadly Justice. A Statistical Portrait of the Death Penalty. Appendix B. Mitigating Circumstances State-By-State.

Deadly Justice. A Statistical Portrait of the Death Penalty. Appendix B. Mitigating Circumstances State-By-State. Deadly Justice A Statistical Portrait of the Death Penalty Frank R. Baumgartner Marty Davidson Kaneesha Johnson Arvind Krishnamurthy Colin Wilson University of North Carolina at Chapel Hill Department

More information

Criminal Justice: A Brief Introduction Twelfth Edition

Criminal Justice: A Brief Introduction Twelfth Edition Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes

More information

APPENDIX B. 7.7 MANSLAUGHTER , Fla. Stat.

APPENDIX B. 7.7 MANSLAUGHTER , Fla. Stat. APPENDIX B 7.7 MANSLAUGHTER 782.07, Fla. Stat. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. (Victim) is dead. Give 2a, 2b, or 2c depending

More information

G.S. 15A Page 1

G.S. 15A Page 1 15A-1340.16. Aggravated and mitigated sentences. (a) Generally, Burden of Proof. The court shall consider evidence of aggravating or mitigating factors present in the offense that make an aggravated or

More information

Missouri Revised Statutes

Missouri Revised Statutes Page 1 of 38 Missouri Revised Statutes Chapter 565 Offenses Against the Person August 28, 2009 Procedure for chapter 565. 565.001. 1. The provisions of this chapter shall govern the construction and procedures

More information

(C) Under this Ordinance, any person who engages in any sexual

(C) Under this Ordinance, any person who engages in any sexual CRIMINAL ORDINANCE CHAPTER B--CRlMES AGAINST THE PERSON In the event no other entity prosecutes a person for any of the following acts, the office the Attorney General may do so for the following crimes:

More information

Section 5 Culpability and Mistake 173. Article 4. Sexual Offenses Section Sexual Assault in the First Degree

Section 5 Culpability and Mistake 173. Article 4. Sexual Offenses Section Sexual Assault in the First Degree Section 5 Culpability and Mistake 173 THE LAW Alaska Statutes (1982) Article 4. Sexual Offenses Section 11.41.410. Sexual Assault in the First Degree (a) A person commits the crime of sexual assault in

More information

Question 2. With what crimes, if any, could Al be charged and what defenses, if any, could he assert? Discuss.

Question 2. With what crimes, if any, could Al be charged and what defenses, if any, could he assert? Discuss. Question 2 Al and his wife Bobbie owned a laundromat and lived in an apartment above it. They were having significant financial difficulties because the laundromat had been losing money. Unbeknownst to

More information

VIRGINIA ACTS OF ASSEMBLY SESSION

VIRGINIA ACTS OF ASSEMBLY SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 691 An Act to amend and reenact 9.1-902, 17.1-805, 18.2-46.1, 18.2-356, 18.2-357, 18.2-513, 19.2-215.1, and 19.2-386.35 of the Code of Virginia and to

More information

HOUSE AMENDMENT Bill No. HB 737

HOUSE AMENDMENT Bill No. HB 737 Senate CHAMBER ACTION 1.... House 2.. 3.. 4 5 ORIGINAL STAMP BELOW 6 7 8 9 10 11 The Council for Healthy Communities offered the following: 12 13 Substitute Amendment for Amendment (155961) (with title

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW HOUSE BILL 822

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW HOUSE BILL 822 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW 2005-145 HOUSE BILL 822 AN ACT TO AMEND STATE LAW REGARDING THE DETERMINATION OF AGGRAVATING FACTORS IN A CRIMINAL CASE TO CONFORM WITH THE UNITED

More information

MBE WORKSHOP: CRIMINAL LAW PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW

MBE WORKSHOP: CRIMINAL LAW PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW CHAPTER 1: CRIMINAL LAW MBE WORKSHOP: CRIMINAL LAW PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW Editor's Note 1: While the below outline is taken from the National Conference of Bar Examiners'

More information

H 5104 S T A T E O F R H O D E I S L A N D

H 5104 S T A T E O F R H O D E I S L A N D 0 -- H 0 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 0 A N A C T RELATING TO HEALTH AND SAFETY -- FETAL PROTECTION ACT Introduced By: Representatives Edwards, Corvese,

More information

GOULD S BAR EXAM FLASH CARDS FOR CRIMINAL LAW

GOULD S BAR EXAM FLASH CARDS FOR CRIMINAL LAW Gould's Bar Examination Flash Card Series GOULD S BAR EXAM FLASH CARDS FOR GOULD S LEGAL EDUCATION Providing Quality Learning Solutions to All Law Students WEBSITE http://www.gouldslegaleducation.com OFFICE

More information

1 SB By Senators Ward, Fielding, Keahey, Bedford, Whatley, Marsh, 4 Waggoner and Sanford. 5 RFD: Judiciary. 6 First Read: 14-FEB-13

1 SB By Senators Ward, Fielding, Keahey, Bedford, Whatley, Marsh, 4 Waggoner and Sanford. 5 RFD: Judiciary. 6 First Read: 14-FEB-13 1 SB218 2 148791-1 3 By Senators Ward, Fielding, Keahey, Bedford, Whatley, Marsh, 4 Waggoner and Sanford 5 RFD: Judiciary 6 First Read: 14-FEB-13 Page 0 1 148791-1:n:02/14/2013:JET/mfc LRS2013-972 2 3

More information

Criminal Law Outline

Criminal Law Outline Criminal Law Outline General Principles of Criminal Law Statutes are void when they fail to give a person fair notice that conduct is forbidden if factors are to be considered the statute must rank their

More information

OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property.

OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. UNIT 2 CRIMINAL LAW 1 OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. NBEA STANDARD I: Analyze the different

More information

As Amended by Senate Committee. SENATE BILL No By Committee on Judiciary 2-6

As Amended by Senate Committee. SENATE BILL No By Committee on Judiciary 2-6 {As Amended by Senate Committee of the Whole} Session of 0 As Amended by Senate Committee SENATE BILL No. 0 By Committee on Judiciary - 0 0 0 AN ACT concerning children; relating to crimes and punishment;

More information

1 HB By Representative England. 4 RFD: Judiciary. 5 First Read: 07-FEB-17 6 PFD: 12/15/2016. Page 0

1 HB By Representative England. 4 RFD: Judiciary. 5 First Read: 07-FEB-17 6 PFD: 12/15/2016. Page 0 1 HB32 2 180359-2 3 By Representative England 4 RFD: Judiciary 5 First Read: 07-FEB-17 6 PFD: 12/15/2016 Page 0 1 180359-2:g:11/23/2016:FC/tj LRS2016-3160R1 2 3 4 5 6 7 8 SYNOPSIS: Under existing law,

More information

Florida Senate SB 448 By Senator Margolis

Florida Senate SB 448 By Senator Margolis By Senator Margolis 1 A bill to be entitled 2 An act relating to elder abuse and neglect; 3 creating s. 825.108, F.S.; requiring that a 4 case worker or protective investigator from the 5 Department of

More information

H 5447 S T A T E O F R H O D E I S L A N D

H 5447 S T A T E O F R H O D E I S L A N D LC0001 01 -- H S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO CRIMINAL OFFENSES -- FETAL PROTECTION ACT Introduced By: Representatives Edwards, Azzinaro,

More information

CHAPTER Senate Bill No. 808

CHAPTER Senate Bill No. 808 CHAPTER 2010-121 Senate Bill No. 808 An act relating to murder; amending s. 782.04, F.S.; providing that murder in the first degree includes the unlawful killing of a human being which resulted from the

More information

Summer 2008 August 1, 2008 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE

Summer 2008 August 1, 2008 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE Professor DeWolf Criminal Law Summer 2008 August 1, 2008 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE 1. (A) (B) (C) (D) (E) Sorry, falling asleep might be involuntary, but driving when he was sleepy was

More information

FALL 2011 December 12, 2011 FINAL EXAM SAMPLE ANSWER MULTIPLE CHOICE

FALL 2011 December 12, 2011 FINAL EXAM SAMPLE ANSWER MULTIPLE CHOICE CRIMINAL LAW PROFESSOR DEWOLF FALL 2011 December 12, 2011 FINAL EXAM SAMPLE ANSWER MULTIPLE CHOICE 1. (A) is incorrect, because a solicitation does not require agreement on the part of the object of the

More information

22 Use of force in effecting arrest

22 Use of force in effecting arrest 22 Use of force in effecting arrest Substitution of section 49 of Act 51 of 1977, as substituted by section 7 of Act 122 of 1998 1. The following section is hereby substituted for section 49 of the Criminal

More information

FALL 2004 December 11, 2004 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE

FALL 2004 December 11, 2004 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE CRIMINAL LAW PROFESSOR DEWOLF FALL 2004 December 11, 2004 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE 1. (a) is incorrect. Reliance upon a friend's legal advice is not a defense. (b) is incorrect. The

More information

CALIFORNIA HOMICIDE LAW IN THE NEW MILLENNIUM

CALIFORNIA HOMICIDE LAW IN THE NEW MILLENNIUM CALIFORNIA HOMICIDE LAW IN THE NEW MILLENNIUM Noteworthy homicide opinions of the past decade Prepared by J. Bradley O Connell Assistant Director, First District Appellate Project September 2010 FIRST-DEGREE

More information

CRIMINAL LAW FINAL EXAM JOHNF.KENNEDYUNIVERSITY SCHOOL OF LAW Fall 2013 Ian Kelley MODEL / SAMPLE ANSWER

CRIMINAL LAW FINAL EXAM JOHNF.KENNEDYUNIVERSITY SCHOOL OF LAW Fall 2013 Ian Kelley MODEL / SAMPLE ANSWER CRIMINAL LAW FINAL EXAM JOHNF.KENNEDYUNIVERSITY SCHOOL OF LAW Fall 2013 Ian Kelley MODEL / SAMPLE ANSWER N.B. There were several different approaches susceptible to producing passing grades. The below

More information

Second Look Series CRIMINAL LAW OUTLINE

Second Look Series CRIMINAL LAW OUTLINE CRIMINAL LAW OUTLINE 1. Basic Considerations a. Jurisdiction State where an act or omission constituting an element of the offense took place b. Felonies Crimes punishable by death or imprisonment for

More information

Fall 2011 October 26, 2011 (PRACTICE) MID-TERM EXAM DO NOT GO BEYOND THIS PAGE UNTIL YOU ARE TOLD TO BEGIN.

Fall 2011 October 26, 2011 (PRACTICE) MID-TERM EXAM DO NOT GO BEYOND THIS PAGE UNTIL YOU ARE TOLD TO BEGIN. Exam # Professor DeWolf Criminal Law Fall 2011 October 26, 2011 (PRACTICE) MID-TERM EXAM Instructions DO NOT GO BEYOND THIS PAGE UNTIL YOU ARE TOLD TO BEGIN. THIS EXAM WILL LAST 75 minutes. IT IS ENTIRELY

More information

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165 CHAPTER 2018-128 Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165 An act relating to written threats to conduct mass shootings or acts of terrorism; amending

More information

Discuss the George Zimmerman case. What defense he is expected to claim, and why may he qualify under the facts and circumstances?

Discuss the George Zimmerman case. What defense he is expected to claim, and why may he qualify under the facts and circumstances? CHAPTER 5 JUSTIFICATIONS AS DEFENSES CHAPTER OUTLINE I. Introduction II. Types of Defenses III. The Nature of Defenses IV. Justification as a Defense A. Necessity B. Self Defense C. Defense of Others D.

More information

CORRUPTING OR INFLUENCING A JURY (N.J.S.A. 2C:29-8) 1

CORRUPTING OR INFLUENCING A JURY (N.J.S.A. 2C:29-8) 1 Revised 6/13/11 CORRUPTING OR INFLUENCING A JURY 1 The defendant is charged with the crime of corrupting or influencing a jury. The indictment reads in pertinent part as follows: (Read indictment) This

More information

Nancy A. Daniels, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Appellant. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LESLIE WILLIAMS, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D05-3713

More information

CHAPTER Committee Substitute for House Bill No. 163

CHAPTER Committee Substitute for House Bill No. 163 CHAPTER 2002-159 Committee Substitute for House Bill No. 163 An act relating to sexual offenses; amending s. 825.1025, F.S.; providing for the crime of lewd or lascivious offenses committed upon or in

More information

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 667

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 667 CHAPTER 2012-21 Committee Substitute for Committee Substitute for House Bill No. 667 An act relating to murder; providing a short title; amending s. 782.04, F.S.; providing that the unlawful killing of

More information

Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests

Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests Criminal Law Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests Crimes Against People Murder unlawful killing of another

More information

MODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS.

MODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS. Page 1 of 9 208.81 MODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS. NOTE WELL: This instruction is to be used as a model instruction for this offense. It incorporates all of the

More information

Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining

Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining Catherine P. Adkisson Assistant Solicitor General Colorado Attorney General s Office Although all classes of felonies have

More information

SUMMER 2009 August 7, 2009 FINAL EXAM SAMPLE ANSWER

SUMMER 2009 August 7, 2009 FINAL EXAM SAMPLE ANSWER CRIMINAL LAW PROFESSOR DEWOLF SUMMER 2009 August 7, 2009 FINAL EXAM SAMPLE ANSWER MULTIPLE CHOICE 1. (A) is incorrect, because it doesn't contain any mens rea requirement. (B) is incorrect because it makes

More information

SKILLS Workshop Series Academic Support:

SKILLS Workshop Series Academic Support: Criminal Law: Applying Test-taking Skills to Substantive Law Prof Homer: jhomer@law.whittier.edu Prof Dombrow: kdombrow@law.whittier.edu Prof Gutterud: hgutterud@law.whittier.edu SKILLS Workshop Series

More information

1. Some thing that must be proved but is not necessarily in control b. Mens Rea i. Model Penal Code 1. Four mindsets a. Purpose conscious object b.

1. Some thing that must be proved but is not necessarily in control b. Mens Rea i. Model Penal Code 1. Four mindsets a. Purpose conscious object b. CRIMINAL LAW I. Basics a. Effectiveness: Primary addressee must know i. Of its existence and content in relative respects ii. Of the circumstances of fact that apply iii. Must be able to comply with it

More information

Administrative-Master Syllabus form approved June/2006 revised Page 1 of 1

Administrative-Master Syllabus form approved June/2006 revised Page 1 of 1 revised 11-02-06 Page 1 of 1 Administrative - Master Syllabus I. Topical Outline Each offering of this course must include the following topics (be sure to include information regarding lab, practicum,

More information

Kidnapping. Joseph & His Brothers - Charges

Kidnapping. Joseph & His Brothers - Charges Joseph & His Brothers - Charges 2905.01 Kidnapping No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another

More information

Title 17-A: MAINE CRIMINAL CODE

Title 17-A: MAINE CRIMINAL CODE Title 17-A: MAINE CRIMINAL CODE Chapter 7: OFFENSES OF GENERAL APPLICABILITY Table of Contents Part 2. SUBSTANTIVE OFFENSES... Section 151. CRIMINAL CONSPIRACY... 3 Section 152. CRIMINAL ATTEMPT... 4 Section

More information

ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW. Name: Period: Row:

ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW. Name: Period: Row: ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW Name: Period: Row: I. INTRODUCTION TO CRIMINAL LAW A. Understanding the complexities of criminal law 1. The justice system in the United States

More information

Be It Enacted by the Legislature of the State of Florida:

Be It Enacted by the Legislature of the State of Florida: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A bill to be entitled An act relating to the offense of stalking; amending s. 784.048, F.S.; defining the term "cyberstalk" to mean communication by means of

More information

Please see Section IX. for Additional Information:

Please see Section IX. for Additional Information: The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) BILL: CS/CS/SB 1052 Prepared By:

More information

Question What legal justification, if any, did Dan have (a) pursuing Al, and (b) threatening Al with deadly force? Discuss.

Question What legal justification, if any, did Dan have (a) pursuing Al, and (b) threatening Al with deadly force? Discuss. Question 1 Al went to Dan s gun shop to purchase a handgun and ammunition. Dan showed Al several pistols. Al selected the one he wanted and handed Dan five $100 bills to pay for it. Dan put the unloaded

More information

RECOMMENDATION TO THE LEGISLATURE OF ALASKA FROM THE ALASKA CRIMINAL JUSTICE COMMISSION

RECOMMENDATION TO THE LEGISLATURE OF ALASKA FROM THE ALASKA CRIMINAL JUSTICE COMMISSION RECOMMENDATION TO THE LEGISLATURE OF ALASKA FROM THE ALASKA CRIMINAL JUSTICE COMMISSION Recommendation 19-2017, adopted October 12, 2017: Enact Vehicular Homicide and Related Statutes The Alaska Criminal

More information