Legal impossibility: trying to commit a crime with no law Specific intent to commit a crime Factual impossibility: trying to commit a crime that cannot be completed Voodoo, etc. Solicitation: asking someone to commit a crime Conspiracy: agreement between two or more parties to commit a crime Mullaney v. Wilbur Supreme court Facts: Wilbur kills a man who made homosexual advances Wilbur argues in heat of passion No malice aforethought Main convicts Wilbur of murder, puts burden of proof to Wilbur- preponderance of the evidence Burden of proof supposed to be on prosecution Maine should have state proving 3 elements of murder (not defendant prove third) In re winship case; must prove all cases as prosecution (different of sentence Disagreement in supreme court Shouldn?t be applied to insanity (conclusion) Defense proving insanity People v. Terra (highest court of New York) Terra brothers w/ machine gun in small store Convicted of illegal possession NY law says jury can presume that possession by anyone operating at store- have to prove didn?t know Arguing that burden of proof is on defense Jury; reasonable conclusion because of small store Can present evidence that they didn?t know Jury doesn?t have to presume Commonwealth v. Almeida (s. court of Pennsylvania) Almeida robbed, fleeing Shootout with police shooting another cop Should robbers be liable for death of 3rd party Proximate cause, duty of cop to fire back Commonwealth v. Redline (s. court of Pennsylvania) Co-felons dies in gunfight with police Felon didn?t kill anybody, is the defendant guilty? Overturns Thomas, chips away at Almeida Agency theory; agent of crime must perpitrate killing State v. Flory (s. court of Wyoming) Incest case; father in law visits Flory and wife Flory?s wife alleges rape and incest with showing of father to husband of condoms Confronts father in law and kills him Should jury hear everything? Could re-arouse passion Self defense elements: Imminence/necessity- proportionality Reasonable belief of harm Cannot provoke attack Subjective model Person must believe they are in danger (individuals might feel different) Objective Model Reasonable, average person actions Fletcher?s principles Just punishment Attackers get what they deserve, victim acting in place of state Less emphasis on imminence/proportionality Se defendendo Victim must retreat, imminence (back up against wall before using deadly violence) Autonomy model of self defense Protecting one?s autonomy Should have changed seats, etc. Communitarian/social model Where law is- balance of rights with aggressor and victim Theories of punishment Prevention/deterrence- punish for a model to stop others Rehabilitation; releasing person to society no longer a criminal Forward looking Easier to reform children, not as popular for adults anymore Retribution Paying for a crime, get what you deserve Proportionality, backward looking Fair play Cheating everyone else who is abiding by the laws All making sacrifices to follow laws Annulment/restoration Punishment creates stain, need to wipe away stain of the crime Incapacitation- Person being punished prevented from crime (putting a criminal in jail, individual) Tests for mental illness Mental illness- medical diagnosable disorder Insanity- Legal, can?t form mens rea Competence- legal, understanding chargers against (participate in one?s own defense) Wild Beast Test Edward Arnold case Must be madman, deprived of all understanding (like a beast) Strictest- hardest to be found insane M?Naughten test Proving at time of incident they had defect of reason/disease of the mind Did not know at time of act, did not know it was wrong Irresistible Impulse Test Problem, know it is wrong but can?t stop self Usually not allowed Durham test Lowest, liberal test Not responsible if act was simply product of disease or defect; dependent on expert testimony ALI (MPC) test Not responsible if we can prove lack of substantial capacity to? Not appreciating criminality of conduct Conform to conduct of law (similar to IIT) More than no capacity to understand, some capacity PS 452 Discussion term/case review 4/13/09 10:19 PM 4/13/09 10:19 PM
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