Case Law
The act or process of inflicting severe pain, esp. as a punishment in order to extort confession, or in revenge.
What is torture?
The offender is guilty if the witness be of good fame; if she presently discovered the offence, and made search for the offender.
What is rape?
The defendant John Smith was charged and convicted of murder of his four year old nephew. Smith beat the boy about the head and face causing severe injury that resulted in “brain death.” After being in a coma for ten days, the parents decided to “pull the plug” and the nephew died. Smith’s lawyers argue that Smith did not cause the death and that the doctors did by removing life support. Did Smith “kill” his nephew? Will the conviction for murder stand?
What is Guilty?
A criminal act.
What is "Actus Reus"
The best tool for determining which behavior is "criminal."
Toatal and irreversible cessation of brain function.
"Forcible abduction or stealing away of man, woman, or child from their own country, and selling them into another."
What is Kidnapping?
The police have a warrant for the arrest of John Smith. When they knock on his front door Smith runs out the back door and flees on foot. Smith has a .357 handgun. The officers chase Smith. Smith runs behind the corner of a house and turns and points his weapon back in the direction he came, waiting to ambush the officers. The officers, expecting an ambush, come around the other side of the house and tell Smith to drop his weapon. They arrest Smith and charge him with assaulting them because he was ready to attack if they came from the other direction. Why Is Smith guilty of Assault even though he did not point his weapon at the officers?
What is Present Ability?
Laws that make an action done before the passing of the law, and which was innocent when done, criminal.
What is Ex post facto laws?
The most powerful and fundamental laws of any nation or state.
What is Constitutions?
An unlawful attempt to commit a violent injury on the person of another.
What is assault?
Permanent cessation of respiration and blood circulation.
The defendant Jerry Smith goes to the neighborhood liquor store, pulls a gun on the clerk and demands money (Robbery). During the robbery the gun accidentally discharges killing the clerk. Why Is Jerry Smith guilty of murder?
What is Malice Aforethought?
This serves the four goals of: Retribution, Deterrance, Incapacitation, and rehabilitation.
What is Punishment?
Laws that judges had created and gradually changed over centuries in England, the starting point for criminal law in the US.
What is Common law?
Unlawful violation of the personal liberty of another.
What is False Imprisonment?
When does life begin.
What is independent circulation, sometimes established by breathing, crying, or severing of the umbilical cord?
Two drug dealers are standing on a street corner. I rival gang of drug dealers drives by the corner and sprays the corner with gunfire killing both drug dealers. A stray round travels through a window of a nearby house killing a five year old boy who was watching Bugs Bunny. The shooter is arrested and charged with the homicide of the boy as well as the two dead drug dealers. Why is the shooter liable for the five year old’s death?
What is transferred intent?
Private wrongs in which an individual is harmed.
What are torts?
The laws defining the forbidden conduct, and much of the procedures used to bring violators of those rules to justice, make up.
What is Criminal law?
"Use in electronic mail or eletronic communication any words or language threatening to inflict bodily harm to any person."
What is Cyberstalking?
An offense that directly undermined the power of the king.
What is Mayhem?
If a person sells soap chips claiming them to be crack cocaine, What crime have they committed?
What is delivering a simulated controlled substance with respect to a substance represented. or the "look-alike statute," HS 11355?
"Conduct is not criminal unless forbidden by law which gives advance warning that such conduct is criminal."
What is the Doctrine of Criminal Law?
The defendent need not have a criminal intent to be found guilty of violating this law.
What is Strict liability crime?