CALIFORNIA CRIMINAL LAW: Cases and Problems. Third Edition

Transcription

1 CALIFORNIA CRIMINAL LAW: Cases and Problems Third Edition

2 LexisNexis Law School Publishing Advisory Board William Araiza Professor of Law Brooklyn Law School Lenni B. Benson Professor of Law & Associate Dean for Professional Development New York Law School Raj Bhala Rice Distinguished Professor University of Kansas, School of Law Ruth Colker Distinguished University Professor & Heck-Faust Memorial Chair in Constitutional Law Ohio State University, Moritz College of Law David Gamage Assistant Professor of Law UC Berkeley School of Law Joan Heminway College of Law Distinguished Professor of Law University of Tennessee College of Law Edward Imwinkelried Edward L. Barrett, Jr. Professor of Law UC Davis School of Law David I. C. Thomson LP Professor & Director, Lawyering Process Program University of Denver, Sturm College of Law Melissa Weresh Director of Legal Writing and Professor of Law Drake University Law School

3 CALIFORNIA CRIMINAL LAW: Cases and Problems Third Edition Steven F. Shatz Philip & Muriel Barnett Professor of Trial Advocacy University of San Francisco School of Law

4 ISBN Library of Congress Cataloging-in-Publication Data Shatz, Steven F., California criminal law : cases and problems / Steven F. Shatz. -- 3rd ed. p. cm. Includes bibliographical references and index. ISBN (hardbound) 1. Criminal law--california--cases. 2. Criminal procedure--california--cases. 3. Casebooks I. Title. KFC1100.S dc This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. LexisNexis and the Knowledge Burst logo are registered trademarks and Michie is a trademark of Reed Elsevier Properties Inc., used under license. Matthew Bender and the Matthew Bender Flame Design are registered trademarks of Matthew Bender Properties Inc. Copyright 2011 Matthew Bender & Company, Inc., a member of the LexisNexis Group. All Rights Reserved. No copyright is claimed in the text of statutes, regulations, and excerpts from court opinions quoted within this work. Permission to copy material exceeding fair use, 17 U.S.C. 107, may be licensed for a fee of 25 per page per copy from the Copyright Clearance Center, 222 Rosewood Drive, Danvers, Mass , telephone (978) NOTE TO USERS To ensure that you are using the latest materials available in this area, please be sure to periodically check the LexisNexis Law School web site for downloadable updates and supplements at Editorial Offices 121 Chanlon Rd., New Providence, NJ (908) Mission St., San Francisco, CA (415) (2011 Pub.3120)

5 PREFACE This third edition is the product of more than ten years of teaching with the casebook and almost forty years of teaching criminal law at the University of San Francisco (U.S.F.). I began teaching from California materials because I believed that there were advantages to be gained by focusing on the law of a single jurisdiction, and the success of the book, as measured by the reaction of the students, has borne out my expectations. The focus on a single state permits the examination of the various criminal law doctrines in the larger context of the state s entire body of criminal law, allowing consideration of the relationship between doctrines e.g., mens rea and insanity or heat of passion and self-defense and the use of the same principle e.g., the reasonable person test for different purposes. Using a single state also facilitates the study of statutes, statutory interpretation and the interaction between the courts and the legislature. Perhaps most significantly, because criminal law tends to be relatively state-specific, the study of a single state s law real law rather than general or imagined law is more engaging to students and leads to a more coherent understanding of the subject. The book reflects my conviction that, while the Criminal Law course must expose students to the range of doctrines associated with substantive criminal law, the primary concern of the course, as a first year course, is to teach students how to read and understand cases and statutes and to construct legal arguments. Accordingly, the emphasis in the book is on cases and on problems. The cases are presented in relatively complete form, often including concurring and dissenting opinions, in order to give students examples of fully developed legal arguments. The 100 short problems presented in the book are all taken from real cases and ask the students to develop the appropriate legal arguments based on the cases they have read. Each chapter begins with an introduction, to give background to the cases and to outline the issues to be explored. Notes, which have been kept to a minimum, are generally used to extend the students analysis by asking them consider theoretical or policy issues raised by the cases or alternative approaches contained in the Model Penal Code or other sources. Citations and footnotes have been eliminated from the judicial opinions without so specifying, and, where citations are included, they often are simplified, with page cites omitted. Numbered footnotes are from the original materials; lettered footnotes are mine. I would again like to express my gratitude to Suzanne Mounts, a fellow Criminal Law professor at the U.S.F., and my good friend. Suzanne contributed greatly to the first edition of the book and has continued to provide me with materials and to act as a sounding board for my ideas. I also again want to thank Nina Rivkind, an appellate criminal defense attorney and lecturer at Berkeley Law (University of California) and my co-author on another casebook, who helped edit the first edition and who, as my wife, has offered unfailing support and encouragement in the production of this edition. Jessica Mohr, my research assistant, saved me countless hours by her thorough and careful answers to my various research questions. Finally, I want to acknowledge the generation of students at U.S.F., who, years ago, encouraged me to publish my teaching materials and the more recent students whose response to the first and second editions proved an invaluable guide to me in producing this third edition. Steven F. Shatz February, 2011 iii

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7 Summary Table of Contents Part I Introduction To The Course... 1 Chapter 1 INTRODUCTION... 3 Part II Defining Culpable Conduct Chapter 2 ACT (ACTUS REUS) Chapter 3 MENTAL STATE (MENS REA) Chapter 4 THE DEFENSE CLAIM OF REASONABLE MISTAKE Chapter 5 HOMICIDE: INTENTIONAL KILLINGS Chapter 6 HOMICIDE: UNINTENTIONAL KILLINGS Chapter 7 HOMICIDE: KILLINGS IN THE COMMISSION OF ANOTHER CRIME Chapter 8 HOMICIDE: THIRD PARTY KILLINGS Chapter 9 PROPERTY CRIMES Chapter 10 INCHOATE CRIMES Chapter 11 CRIMES AGAINST THE GOVERNMENT Part III Affirmative Defenses Chapter 12 AFFIRMATIVE DEFENSES CHOICE OF EVILS Chapter 13 AFFIRMATIVE DEFENSES EXCUSES Part IV Vicarious Liability Chapter 14 ACCOMPLICE AND CORPORATE VICARIOUS LIABILITY Chapter 15 SCOPE OF VICARIOUS LIABILITY Part V The Death Penalty Chapter 16 THE DEATH PENALTY AND THE CONSTITUTION v

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9 Table of Contents Part I Introduction To The Course... 1 Chapter 1 INTRODUCTION... 3 A. THE PURPOSES OF THE CRIMINAL LAW... 3 REGINA v. DUDLEY AND STEPHENS... 3 LAWRENCE v. TEXAS... 8 NOTE UNITED STATES v. BERGMAN NOTE B. THREE FUNDAMENTAL PRINCIPLES OF AMERICAN CRIMINAL LAW PAPACHRISTOU v. CITY OF JACKSONVILLE NOTE PEOPLE v. SUPERIOR COURT (CASWELL) PROBLEM EWING v. CALIFORNIA NOTE AND PROBLEMS YICK WO v. HOPKINS NOTE MICHAEL M. v. SUPERIOR COURT NOTE AND PROBLEM C. THE CRIMINAL CASE IN CALIFORNIA PEOPLE v. ROBINSON Part II Defining Culpable Conduct Chapter 2 ACT (ACTUS REUS) ROBINSON v. CALIFORNIA POWELL v. TEXAS PROBLEM IN RE DAVID W PROBLEM PEOPLE v. NEWTON PROBLEMS PEOPLE v. HEITZMAN NOTE AND PROBLEMS vii

10 Table of Contents Chapter 3 MENTAL STATE (MENS REA) PEOPLE v. HOOD NOTES PEOPLE v. WILLIAMS NOTE AND PROBLEMS PEOPLE v. WETMORE NOTES PEOPLE v. REYES PEOPLE v. SCOTT PROBLEM IN RE JORGE M NOTE AND PROBLEM Chapter 4 THE DEFENSE CLAIM OF REASONABLE MISTAKE A. MISTAKE OF FACT: SEX CRIMES PEOPLE v. HERNANDEZ PEOPLE v. OLSEN PEOPLE v. MAYBERRY NOTE AND PROBLEMS PEOPLE v. BARNES NOTE AND PROBLEMS B. MISTAKE OF LAW PEOPLE v. GOODIN PEOPLE v. SNYDER NOTE AND PROBLEMS Chapter 5 HOMICIDE: INTENTIONAL KILLINGS A. MURDER OR VOLUNTARY MANSLAUGHTER? PEOPLE v. BERRY NOTES AND PROBLEMS PEOPLE v. WU NOTES AND PROBLEMS PEOPLE v. SAILLE NOTES AND PROBLEM IN RE CHRISTIAN S NOTE B. FIRST OR SECOND DEGREE MURDER? PEOPLE v. ANDERSON NOTES PEOPLE v. WHARTON NOTE AND PROBLEMS viii

11 Table of Contents Chapter 6 HOMICIDE: UNINTENTIONAL KILLINGS A. THE MENS REA OF UNINTENTIONAL HOMICIDES PEOPLE v. WATSON PROBLEM PEOPLE v. TAYLOR PROBLEM PEOPLE v. KNOLLER NOTE AND PROBLEMS WALKER v. SUPERIOR COURT NOTE B. CAUSATION PEOPLE v. ROBERTS NOTE AND PROBLEMS PEOPLE v. ARMITAGE PROBLEMS Chapter 7 HOMICIDE: KILLINGS IN THE COMMISSION OF ANOTHER CRIME A. FELONY-MURDER PEOPLE v. DILLON NOTES AND PROBLEM PEOPLE v. CHUN (Part I) PEOPLE v. FIELDS PROBLEMS PEOPLE v. WASHINGTON NOTE AND PROBLEM PEOPLE v. SEARS PEOPLE v. PATTERSON NOTES AND PROBLEMS PEOPLE v. SMITH PROBLEM PEOPLE v. CHUN (Part II) PROBLEM B. MISDEMEANOR-MANSLAUGHTER PEOPLE v. COX NOTE PEOPLE v. NIETO-BENITEZ Chapter 8 HOMICIDE: THIRD PARTY KILLINGS TAYLOR v. SUPERIOR COURT PROBLEM ix

12 Table of Contents PIZANO v. SUPERIOR COURT PROBLEM INREJOER PROBLEMS PEOPLE v. CONCHA PROBLEM Chapter 9 PROPERTY CRIMES A. THEFT PEOPLE v. BROWN NOTE PEOPLE v. DAVIS PEOPLE v. TUFUNGA PROBLEMS PEOPLE v. GREEN NOTE PEOPLE v. ASHLEY PROBLEM PEOPLE v. MOSES NOTE PEOPLE v. HAVS NOTE AND PROBLEM PEOPLE v. WEBSTER PROBLEM PEOPLE v. MUNGIA PROBLEM PEOPLE v. BEGGS NOTES AND PROBLEMS B. BURGLARY PEOPLE v. GAUZE NOTES AND PROBLEM PEOPLE v. DAVIS PEOPLE v. SPARKS PROBLEM PEOPLE v. KWOK PROBLEM PEOPLE v. SALEMME Chapter 10 INCHOATE CRIMES A. ATTEMPT PEOPLE v. COLLIE x

13 Table of Contents PEOPLE v. SMITH PEOPLE v. BERGER PEOPLE v. STAPLES NOTE AND PROBLEMS PEOPLE v. SUPERIOR COURT (DECKER) PROBLEM B. SOLICITATION PEOPLE v. GORDON PEOPLE v. RUBIN C. CONSPIRACY PEOPLE v. SWAIN NOTE PEOPLE v. LAURIA LORENSON v. SUPERIOR COURT NOTES AND PROBLEM PEOPLE v. MAYERS NOTES AND PROBLEM D. THE DEFENSE OF IMPOSSIBILITY PEOPLE v. ROJAS NOTE AND PROBLEM PEOPLE v. PEPPARS NOTE AND PROBLEM Chapter 11 CRIMES AGAINST THE GOVERNMENT PEOPLE v. PIC L NOTE AND PROBLEMS CABE v. SUPERIOR COURT PEOPLE v. DARCY IN RE MANUEL G PROBLEM PEOPLE v. ROBLES PROBLEM Part III Affirmative Defenses Chapter 12 AFFIRMATIVE DEFENSES CHOICE OF EVILS A. SELF-DEFENSE AND DEFENSE OF OTHERS PEOPLE v. HECKER NOTE AND PROBLEMS PEOPLE v. HUMPHREY NOTES AND PROBLEM PEOPLE v. RANDLE xi

14 Table of Contents PEOPLE v. CURTIS B. USE OF FORCE TO PREVENT CRIME OR APPREHEND CRIMINALS PEOPLE v. CEBALLOS NOTE TENNESSEE v. GARNER PROBLEM C. NECESSITY AND DURESS PEOPLE v. LOVERCAMP NOTE PEOPLE v. PENA PROBLEM PEOPLE v. HEATH NOTES AND PROBLEMS Chapter 13 AFFIRMATIVE DEFENSES EXCUSES A. ENTRAPMENT AND DUE PROCESS PEOPLE v. BARRAZA PROBLEM HAMPTON v. UNITED STATES PROBLEMS B. INSANITY PEOPLE v. SKINNER NOTE AND PROBLEM JONES v. UNITED STATES NOTE AND PROBLEM Part IV Vicarious Liability Chapter 14 ACCOMPLICE AND CORPORATE VICARIOUS LIABILITY A. ACCOMPLICE LIABILITY PEOPLE v. COLLINS PEOPLE v. MCCOY PEOPLE v. BEEMAN NOTE AND PROBLEMS PEOPLE v. COOPER PROBLEMS PEOPLE v. WILLIAMS IN RE JOSEPH G NOTES AND PROBLEM xii

15 Table of Contents B. CORPORATE VICARIOUS LIABILITY GRANITE CONSTRUCTION CO. v. SUPERIOR COURT NOTE SEA HORSE RANCH, INC. v. SUPERIOR COURT NOTE Chapter 15 SCOPE OF VICARIOUS LIABILITY PEOPLE v. KAUFFMAN NOTE PEOPLE v. CAVITT PROBLEM PEOPLE v. LUPARELLO NOTE AND PROBLEMS PEOPLE v. MEDINA PROBLEMS Part V The Death Penalty Chapter 16 THE DEATH PENALTY AND THE CONSTITUTION GREGG v. GEORGIA NOTES PROBLEM LOCKETT v. OHIO NOTES TISON v. ARIZONA NOTE AND PROBLEMS KENNEDY v. LOUISIANA NOTE MCCLESKEY v. KEMP NOTES Table of Cases... TC-1 Index... I-1 xiii

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