Actus Reus
This case upheld a hate-crime penalty enhancement, ruling it punished conduct motivated by bias, not “thoughts.”
Wisconsin v. Mitchell
4 justifications of Punishment
1. Rehabilitation
2. Deterrence
3. Incapacitation
4. Retribution
A voluntary act is defined as this kind of bodily movement.
Conscious, willed bodily movement
What constitutional doctrine did the Supreme Court apply in Papachristou v. Jacksonville to strike down the vagrancy ordinance?
The void-for-vagueness doctrine under the Due Process Clause.
While Failure to act generally does not create liability unless one of these four exceptions applies.
1. special relationships,
2. legal duties (by contract or statute),
3. creating the risk, or
4. voluntary assumption of care
What were the two principal justifications in Ewin?
Deterrence; Incapacitation
In State v. Decina, when was the 'voluntariness' element met? And when was it not met?
Met: Decision to drive
Not Met: Seizure causing crash
For Equal Protection strict scrutiny, the two elements are...
The government must show a compelling governmental interest.
The law or policy must be narrowly tailored (the least restrictive means) to achieve that interest.
Why did the Court find there was no legal duty in People v. Beardsley?
Their connection was limited to a short-term, illicit “weekend affair.”
What did the residual clause in §16(b) define crimes of violence as?
Felonies involving a “substantial risk” of force.