Statutory Interpretation
What is the first step in the Kalal framework?
If you witness a crime, do you have a duty to act (generally speaking)?
No
When does a criminal statute not have a mens rea requirement?
If its a strict liability crime under the Luedke framework.
What are the elements for disorderly conduct?
(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct (2) under circumstances in which the conduct tends to cause or provoke a disturbance.
What was the key term that required interpretation in Kalal?
"Refuses"
Why was the defendant in Martin v. State not found guilty?
What was the mens rea in State v. Dunn?
Knowledge
What are the elements of burglary?
The elements of burglary are: (1) intentionally enters (2) a building or dwelling (3) without consent of person in lawful possession (4) with intent to steal or commit a felony
What was the key term requiring interpretation in Klingelhoets?
"Intent"
Which case suggests that the common law omissions liability framework applies in Wisconsin?
State v. Williquette
What was the mens rea in State v. Russell?
Intent
What are the elements of first degree intentional homicide?
The elements of first degree intentional homicide are: (1) causes the death of another (2) with intent to kill that person or another.
When can extrinsic sources be consulted?
Only if the statutory language is found to be ambiguous
What are the three ways a person can satisfy the actus reus requirement?
Voluntarily acted or committed the crime, OR
Had a duty to intervene, OR
The person was an accomplice
Which case held that criminal negligence must cause or threaten bodily harm to another?
State v. Jonathan R
What are the elements of first degree reckless homicide?
The elements of first degree reckless homicide are (1) the defendant caused someone’s death (2) by actions that created unreasonable and substantial risk of death or great bodily harm, (3) the defendant was aware of the risk, and (4) the circumstances showed utter disregard for human life.
What is the difference between a rule-like statute and a standard-like statute?
Rule-like Statute: relatively clear and easy to administer line
Standard-like Statute: general criteria that allow for a consideration of a range of facts
What are the five circumstances creating a duty to act under the omissions liability framework?
Where a statute imposes a duty
Where there exists an appropriate status relationship (Parent, spouse)
Where one person has assumed a contractual duty of care for another (Babysitter)
Where one person has voluntarily assumed care of another and so secluded the helpless person as to prevent others from rendering aid
Where a person created the risk of harm to the other (Accidentally shooting a person and failing to get them help)
What are the six factors used to determine if a crime is a strict liability crime?
Language of Statute
Language of Related Statutes
Legislative History
Law Enforcement Practicality
Public Protection from Harm
Severity of punishment
What are the two prongs of the adequate provocation defense?
Subjective prong (what the defendant believed) and objective prong (what an ordinary person would believe under those circumstances)
Defendant (1) reasonably believes the intended victim has done something which caused the defendant to lose self-control completely and (2) would cause a similar loss of control in an ordinary person