CRIMINAL LAW CASES

Category Sub-category Case name Summary Rule

Omissions as a Duty Jones Woman paid to take care In order for a defendant to be
voluntary act of children, children convicted of a crime for the failure to
found malnourished and act, the prosecution must prove that
they die. the defendant was under a legal duty
to act—moral duty not enough.
Duty Williquette Woman charged for A parent who fails to take any action
failing to prevent abuse to stop instances of child abuse can
by her husband to their be prosecuted as a principal for
child. exposing the child to the abuse—
constitutes an overt act.

Mens rea Ducker Woman charged with
murder of children, left
children in car while
visiting boyfriend in
motel.
Murder Hatcher Def. shot and killed
someone after drinking
and smoking several
hours earlier.
Freeman Def. was arrested for
trying to sell cocaine that
was actually baby
aspirin, but he didn’t
know this.
Mistake of law Kipp Guns found in def.’s
home when he wasn’t
allowed to have them,
“Knowingly” can attach to the nature
of the conduct, the circumstances in
existence at the time of the conduct,
or the result of the conduct—if any of
these satisfy “knowingly,” then mens
rea requirement is met.
Even where the intoxication defense
is available, there must be sufficient
evidence of impairment before an
accused is entitled to a jury
instruction.
Mistake of fact is a defense only
where it would preclude the existence
of the mental state necessary to
commit the crime.
Mistake of law is a valid defense if a
criminal defendant was misled by
information given to him by the state.
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but he was never told

this by the court.
First Degree Ramirez Man high on meth Premeditation for first-degree
Murder shoots and kills man murder requires actual reflection on
after fight. the part of the defendant. (some
states differ)
Davis Issue over what The deliberation essential to a
constitutes deliberation conviction of first-degree murder
need only be momentary.
Voluntary Hinds Def. shot sister, half- A jury instruction on voluntary
Manslaughter sister, half-brother over manslaughter is warranted only if
dispute about their there is evidence that the defendant
mother. was reasonably provoked by the
victim or used excessive force in self-
defense.
Suprenant Def. stabbed wife 61 Anger or mere words do not
times after she constitute sufficient provocation to
threatened to leave him. warrant a jury instruction on
voluntary manslaughter.
Second-degree Burley Man cleaning gun while Second-degree murder is found if the
drunk in the house def. caused the death of another
accidentally shoots wife recklessly under circumstances
manifesting an extreme indifference
to the value of human life.
Felony-murder Blair Def. burglarized home For felony murder, the only mens rea
and raped woman who element that needs to be shown is
later died from COPD the intent to commit the initial
caused by rape felony.
Felony-murder Portillo Def. raped and For purposes of felony-murder, the
murdered a prostitute, underlying felony is complete only
talked about doing so in when the perpetrator reaches a
the past. “place of temporary safety.”
Involuntary Noakes 15-month old baby An involuntary manslaughter
 CRIMINAL LAW CASES

manslaughter trapped in crib to get conviction will be upheld if a

him to sleep, defendant should have known that
accidentally suffocates. particular conduct was likely to cause
substantial harm.
McCoy Man driving over speed A defendant who knowingly creates
limit strikes 2 a risk of harm is guilty of gross
pedestrians and then negligence sufficient to sustain a
keeps driving recklessly conviction for involuntary
manslaughter.
Attempt Maestas Man shoots at cop after The culpability standard are the
robbing a bank. same for the attempted commission
of an offense and the completed
offense.
Gibson Caught carrying ladder, For an attempted crime, specific
attempting a burglary. intent can be inferred from the
circumstances.
Peaslee Charged w/ attempting A defendant must have present intent
to burn down building; to commit the crime in the near
had gathered future and must be in a position to
combustibules but then carry out the crime to be found guilty
changed his mind. of attempt.
Rizzo Attempted robbery; An act amounts to attempt when it is
looking for specific man so near to the result that the danger
to rob of success is very great, or if the crime
would’ve been committed had it not
been for timely interference.
Jackson The crime of attempt requires a
defendant to have acted with
culpability otherwise required for
commission of the crime and to have
engaged in acts constituting a
substantial step toward commission
of the intended crime.
 CRIMINAL LAW CASES

Abandonment Workman A defense of abandonment can only

be used if trying to show why a
substantial step toward the
commission of the offense did not
occur.
Complicity Standefer
Lane It is not enough to just be present
while a crime is being committed. To
be an accomplice, they must commit
an affirmative act or omission.
Merritt Crime of accomplice liability
necessitates some active participation
by the accomplice. Mere presence is
insufficient. A defendant’s presence
may constitute aiding and abetting
when it is shown to encourage the
perpetrator or facilitate the
perpetrator’s unlawful deed.
Soares Accessorial liability is NOT the same
as strict liability. It must be shown
that the defendant had the intent to
assist in the crime.
. Kaplan To be convicted as an accomplice, a
defendant must intentionally aid the
principal but need only possess the
mental culpability required for the
underlying crime with which the
defendant is charged.
Potts MPC rule for accomplice liability. Two
step inquiry; (1) did defendant act
with intent of promoting or
facilitating the offense’s commission?
(2) Did actions rise to the level of
 CRIMINAL LAW CASES

criminal activity?
Conspiracy Huff Elections violation; gave A defendant can be found guilty of
$ to undercover police conspiracy even if the crime that they
who couldn’t actually conspired to commit is legally
vote. impossible to fulfill.
Blankenship Man rents trailer to A person must show intent to join the
people he knew to be conspiracy to be found guilty;
making meth there. knowledge of the conspiracy is not
enough—must have a financial stake
in the venture
Rosado Man who was there for A conspiracy conviction may rest
plan to kill person, the solely on circumstantial evidence.
murder, and was there
when apprehended by
police charged w/
conspiracy.
Garcia CI calls girlfriend of An overt act need not be done by the
dealer, who tells him to defendant to be conspiracy, so that as
come pick up drugs at a the coconspirator is the one who
time and place. Both committed the overt act.
girlfriend and dealer
arrested.
Mamaril People conspiring to sell Accomplice testimony must be
cocaine while one of corroborated to obtain a conviction.
them is in jail. Phone Corroboration of an accomplice’s
records with coded testimony need not confirm every
language used to show point therein: it need only
the conspiracy. “substantiate enough of the
accomplice’s testimony to establish
his credibility.”
Pinkerton Pinkertons were Each member of a conspiracy is
brothers; one committed criminally liable for any crime
fraud while other was in committed by co-conspirators, if the
 CRIMINAL LAW CASES

prison, but both charged. crimes were committed in the course

of the conspiracy, wthin the scope of
an unlawful project, and were
reasonably foreseeable.
Justification Self-defense Brown Man charged with Failure to retreat is a circumstance to
Defenses murder after shooting be considered with all others in order
man who provoked him. to determine whether the def. went
farther than he was justified in going
while using force.
Betchel Woman who was In most jurisdictions, the battered
continually beaten and woman’s syndrome is a scientifically valid
abused by husband shot theory warranting expert testimony for
him during a string of the jury’s consideration on the issue of
self-defense.
abuse.
Excuses Duress Contento-Pachon Man from Bogota was A defendant who has acted under a well-
forced to smuggle grounded fear of immediate harm with
cocaine into the U.S., no opportunity to escape may assert the
death of his wife and duress defense, if there is a triable issue
of fact whether he took the opportunity
child was threatened,
to escape the threatened harm by
and police were too
submitting to authorities at the first
corrupt to help. reasonable opportunity.
Insanity M’Naghten’s Case Man shot carriage of Sir A defendant will be found not guilty by
Peel, killing his secretary. reason of insanity if, as a result of mental
Claims he did so b/c of disease, he did not know or appreciate
insane delusions. the nature or quality of the criminal act
he committed, or did not know that what
he was doing was wrong.
Insanity Clark v. Arizona Man shoots police officer There is no baseline that every state
but pleads insanity due follows for determining insanity.
to his paranoid Mott rule: testimony from
schizophrenia. Convicted psychologists can only be used for an
of first-degree murder. insanity defense, not for showing
mens rea.
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Insanity United States v. Narcotics addict and A person is not responsible for
Freeman alcoholic found guilty of criminal conduct If at the time of such
selling narcotics; argues conduct as a result of mental disease
that he suffers from toxic or defect he lack substantial capacity
psychosis either to appreciate the wrongfulness
of his conduct or conform his conduct
to the requirements of law. Doesn’t
apply to drug addicts.
Sentencing Capital California v. Brown Man sentenced to death During capital punishment
Punishment (SCOTUS) after rape and murder. sentencing, a jury is to consider any
Jury instruction said that aggravating and mitigating
jurors should not be circumstances introduced by the
swayed by sympathy in defendant and weigh them in
its consideration. determining the appropriate penalty.
Proportionality Graham v. Florida Minor sentenced to life Imposing a sentence of life in prison
(SCOTUS) w/o possibility of parole w/o possibility of parole upon
for non-homicide crime. juveniles who did not commit a
homicide violates the Eighth
Amendment’s prohibition against
cruel and unusual punishment.
Miller v. Alabama Two 14-year olds The Eighth Amendment forbids a
(SCOTUS) convicted of murder, sentencing scheme that mandates life
mandated sentence of in prison without possibility of parole
life w/o possibility of for juvenile offenders.
parole.