Criminal Law Chapter 9-13

People v. Davis--Reasoning

1. The court held that the statute does not require a finding of viability. 2. Court found that a fetus is "defined as the unborn offspring in the post-embryonic period after major structures have been outlined...so seven or eight weeks. 3. Most courts in this state had held viability was an element so it would violate Davis' due process rights and violate ex post facto principles to uphold this conviction based on this new definition of 8 weeks. 4. Lower court gave an instruction about possible viability as opposed to probable viability. Given the case law as it stood prior to our decision they should have given the probable viability instruction.

State v. Ramer- rape case

11 year old charged with rape. By statute a child under 12 is presumed incapable of committing any crime. In order to overcome the presumption of incapacity State must prove by clear and convincing evidence that the change had sufficient capacity to understand the act and know that it was wrong. Seven factors identified. State failed to overcome the presumption

Illinois Burglary

19-1. Burglary. (a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of the Illinois Vehicle Code.1 "The defendant's entry into a building is 'without authority' if, at the time of entry, the defendant has an intent to commit a criminal act within the building regardless of whether the defendant was initially invited in or received consent to enter. However, the defendant's entry into the building is 'with authority' if the defendant enters without criminal intent and was initially invited in or received consent to enter, regardless of what the defendant does after he enters."

Garnett v. State, MD

20 year old mentally challenged adult with IQ of 52. Can he argue that she said she was 16? The legislature of Maryland made this a strict liability offense so NO the man cannot argue that the reasonably believed that she was 16.

First degree Murder in Illinois

720 ILCS 5/9-1) First degree Murder - (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; ("Depraved Heart") or (3) he is attempting or committing a forcible felony other than second degree murder. ("Felony Murder") What is lawful justification? Chapter 8 Self Defense A person is justified in the use of force which is intended or likely to cause death or great bodily harm if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another.

entrapment

American common law did not recognize the defense of entrapment. The fact that the government entrapped or induced a defendant to commit a crime was irrelevant in evaluating a defendant's guilt or innocence

People v. Bradford

Charged with burglary that second way, for remaining in an open store without authority and with the intent to commit a theft. "an individual commits burglary by remaining in a public place only where he exceeds his physical authority to be on the premises. Under this definition, burglary by remaining includes situations in which an individual enters a public building lawfully, but, in order to commit a theft or felony, (1) hides and waits for the building to close (2) enters unauthorized areas within the building, or (3) continues to remain on the premises after his authority is explicitly revoked. Conversely, an individual who enters a building lawfully, shoplifts merchandise within areas which are open to the public, then leaves during business hours, is guilty of ordinary retail theft.

kidnapping elements

Criminal intent -The mens rea of kidnapping is commonly thought to be an intent to move or to confine the victim without his or her consent. Criminal act -The actus reus of the forcible movement of a person as provided under the North Carolina statute "from one place to another"

U.S. v. Contento-Pachon

Defendant convicted of UPCS with intent to distribute. Defendant was from Bogota, Colombia. Defendant told to swallow cocaine balloons and if you don't we will kill your wife and child. Three elements of duress defense in California. 1. an immediate threat of death or serious bodily injury. 2. a well grounded fear that the threat will be carried out. 3. no reasonable opportunity to escape harm. Defendant presented credible evidence that he was committing the crime under duress and it should have been given to the jury.

State v. Davidson

Defendant let her German Shepherds and Rottweilers run loose in the streets. Issue? Did the State present enough evidence of depraved heart murder (reckless). Yes. This defendant had let her aggressive dogs run loose on numerous occasions. She raised them to be aggressive or ignored experts telling her to socialize the dogs, She knew that the dogs would be aggressive with the neighborhood boys that had perhaps taunted them

720 ILCS 5/6-3 Intoxicated or drugged condition.

A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.

Theories of Felony Murder

Agency Theory holds defendant liable for the deaths of individuals who died from acts committed by the defendant or an accomplice. Proximate Cause Theory holds defendants liable for the deaths of individuals who died as a result of foreseeable consequences of the defendant's actions.

Simple vs. aggravated battery

Aggravated batteries are felonies and typically require: Serious injury The use of a dangerous or deadly weapon The intent to kill, rape, or seriously harm Status of the victim (Police Officer, Paramedic, etc.) -Not every physical contact is a battery. -Implied consent to physical contact in certain instances. -Sports, medical procedures, walking in a crowd, etc.

The End of Human Life

At common law, death involved a total stoppage of blood circulating and cessation of vital functions like breathing. Most states have adopted a brain death test for death as opposed to a vital functions test. A few states still use the year-and-a-day rule- you will not be held criminally responsible for someone kept alive by machines for a year and day from the event.

age

Common law recognized three categories of increasing responsibility: -Under 7 years lack capacity to form intent -Between 7 and 14 assumed to lack capacity, but is rebuttable at court -Over 14 possess adult capacity There is a growing trend for state statutes to permit the criminal prosecution of any juvenile as an adult who is charged with a serious offense.

People v. McCarty Illinois

Facts: Defendant obtained control over a vehicle by giving drugs to the owner's boyfriend in exchange for the use of the vehicle. The owner did not know about this transaction, nor did she consent to it. Defendant led police on a high speed chase, then abandoned the car and fled on foot. During the chase a police officer (on foot) was struck and killed by another police officer (in his car) who was also responding to the chase. Holding: The Appellate Court ruled that by fleeing police at a high rate of speed in a residential area the defendant set in motion a chain of events that led to the death of the police officer. This death was a "reasonably foreseeable consequence" of his felonious flight in a stolen motor vehicle. The Court concluded that this felony also satisfied the "any other felony" clause and Defendant was convicted of felony murder.

rape shield law

Rape shield laws generally prohibit evidence relating to a victim's general sexual activity. The exception is for consent (pattern of activity) or prior injury.

guilty but mentally ill

Thirteen states have adopted a verdict A verdict of GBMI applies where the jury determines beyond a reasonable doubt that a defendant was mentally ill, but not legally insane, at the time of his or her criminal act

Irresistible Impulse Test

a legal test for insanity that holds people to be insane at the time they committed a crime if they were driven to do so by an uncontrollable "fit of passion" Defendant may know right from wrong but can't control the voices in his head telling him to do the act. Doesn't need to be impulsive act, they can plan it out in detail in advance. Key is disease overcame their capacity to resist impulse to kill, rape, maim, etc.

Aggrevated Assault

is a felony and is generally based on factors similar to those constituting an aggravated battery -Stalking -Cyberstalking

False Imprisonment

is defined as the intentional and unlawful confinement or restraint of another person. is a crime that punishes interference with the freedom and liberty of the individual. requires an intent to restrain the victim

law of rape

is no longer an expression of property rights and today is designed to punish individuals who violate a victim's bodily integrity, psychological health and welfare, and sexual independence.

acquaintance rape

or date rape are some of the most difficult cases to prosecute.

Commonwealth v. Berkowitz

"Did he have sexual intercourse by force?" Pennsylvania Supreme Court applied the extrinsic force standard Drinking, boyfriend, talks with defendant about problems with boyfriend, prior sexual discussions. She said no repeatedly Court held that the victim's testimony simply failed to establish that the defendant forcibly compelled her to engage in sexual intercourse.

Force in Illinois

"Force," within the meaning of sections 12-12(d) and 12-13(a)(1) of the Code, does not mean the force inherent to all sexual penetration—for example, the exertion of the hand in the act of pushing into the vagina—but physical compulsion, or a threat of physical compulsion, that causes the victim to submit to the sexual penetration against his or her will. People v. Haywood, 118 Ill.2d 263, 274-75, 113 Ill.Dec. 236, 515 N.E.2d 45, 50-51 (1987);

Midgett v. State

6 foot tall 300 pound defendant strikes an eight year old 38 pound boy in the stomach and back, causing the child's death. Issue? Did the defendant commit first degree murder or some lesser offense. Holding? The evidence in the case only supports the conclusion that the defendant intended to cause serious physical injury not death or that any intent to kill the child was developed in a drunken, heated, rage while disciplining the child. Neither of these support finding of premeditation or deliberation. This would not be the result in Illinois!!!

Felony Murder in Illinois

720 ILCS 5/9-1(a)(3)A defendant who commits a forcible felony may be held responsible for any death that is a legally foreseeable result of the commission of the predicate felony offense. This is the broadest possible application of the felony murder rule, known as the "proximate cause" approach. In Illinois, a person cannot be convicted of felony murder, that is, a murder committed during the commission of a felony, unless the underlying felony is "forcible".

Corporate Murder

A corporation may be held liable for corporate murder in those cases in which conduct is performed or approved by corporate managers or officers. Corporations are not punished by jail, obviously, but by fines.

u720 ILCS 5/7-12 Entrapment in illinois

A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.

insanity defense requires

Burden of proof The defendant is presumed sane until some evidence is produced challenging this assumption. This burden varies and ranges from a "reasonable doubt" to "some evidence," "slight evidence," or a "scintilla of evidence"

People v. Darren Johnson

Charged the first way, with unlawfully entering Walmart with the intent to commit a crime therein. Jury convicted them of burglary. Appellate Court overturned the conviction. Illinois Supreme Court overruled and found that the evidence was sufficient to show that the defendant had entered Walmart with the intent to commit theft therein and therefore didn't enter with authority.

Fraud in the factum

Doctor says he is going to perform a medical procedure and proceeds to sexually penetrate patient with a body part.

Fraudulent Representation of Identity

Dressing up like someone else California said its rape but other states so no.

provsion of kidnapping

Levy-Lombardi Doctrine provides that a conviction for kidnapping cannot be sustained when the conduct was in the course of and incidental to another crime. Defendant was robbing a home in Lake Villa when son came home. Defendant ordered son at gun point to sit down. Zip tied then duct taped his arms and legs. Moved him from room to room. Ordered him to call his girlfriend over to bring money. Illinois Appellate court said this is Residential Burglary and Home Invasion but this is not Aggravated Kidnapping.

Negligent v. Reckless

Pit bull tied up inside an unenclosed fence. The pit bull was trained to fight and did fight nationwide. Next door neighbor momentarily left his 2 year old child alone and she wanted into the radius of dog's chain and was mauled to death. Compare to Davidson.

duress

Reasonable Person Standard. Threat must be of death or serious bodily harm. Threat must be immediate and imminent. Does not excuse killing another. Person must exhaust all reasonable and available alternatives. Person cannot create or assist in creation of the circumstances leading to claim of duress. Those who commit crime under duress act in an involuntary manner.

Extrinsic Force

Requires an act of force separate from the penetrative offense in order to constitute rape. Pushed her down, struck her, held her down, tied her up, etc.

Intrinsic Force

Requires only that amount of force required to actually penetrate the victim.

Involuntary Manslaughter and Reckless Homicide

Sec. 9‑3. Involuntary Manslaughter and Reckless Homicide. A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft, in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne. (1) Involuntary manslaughter is a Class 3 felony. (2) Reckless homicide is a Class 3 felony.

actus reas of rape

The force requirement can also be satisfied by a threat of force. But two requirements must be met. 1. there must be a threat of death or serious personal injury. 2. The victim's fear that the threat will be carried out must be reasonable. May states like Illinois incorporate a "position of trust" in their statute to cover those individuals that use that position of trust to not have to use force. The teacher that uses his position to talk a student into sexual contact for instance.

statutory rape

The general rule is that statutory rape is a strict liability offense in which a male is guilty of rape by engaging in intercourse with an underage female. 45 states actually recognize this as a gender neutral offense. What of the child is physically mature and misrepresents her age?

Involuntary Manslaughter

The killing of another as a result of criminal negligence (a gross deviation from the standard of care a reasonable person would practice under similar circumstances). The unintentional killing of another without malice. Typically overly tired motor vehicle operators who fall asleep and strike a pedestrian. The are negligent, not reckless.

mens rea of rape

The majority of states have adopted an "objective test" that recognizes a defense to rape when a defendant honestly and reasonably believed that the rape victim consented. This requires equivocal conduct by the victim, meaning that the non consent reactions were capable of being reasonably, but mistakenly, interpreted by the assailant as indicating consent.

Aggravated / Capital Murder

The most serious murders bring death sentence in 31 states and the federal government (Not Illinois) or life imprisonment. State Legislatures determine applicability, typically premeditated with various aggravating factors present. Who is the victim? How many victims were there? What was the defendant doing when he killed the person. Where does the list stop?

1st degree murder

The person that intends to kill, plans it, and carries it out in a cool state of mind in furtherance of the design to kill is generally more dangerous. "malice aforethought"- intent to kill with an ill will or hatred. Nationwide, first Degree murder generally requires malice aforethought but also requires two others. 1. Premeditation-some degree of thinking out what you are about to do. (can generally be formed in the blink of an eye but courts differ). 2. Deliberation- you carry out your intent to kill in a cool state of mind in furtherance of your plan-as opposed to in the "heat of passion."

Insanity In Illinois 720 ILCS 5/6-2

(a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct. (b) The terms "mental disease or mental defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (c) A person who, at the time of the commission of a criminal offense, was not insane but was suffering from a mental illness, is not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill. (start at mental hospital then prison) (d) For purposes of this Section, "mental illness" or "mentally ill" means a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person's judgment, but not to the extent that he is unable to appreciate the wrongfulness of his behavior.

Felony Murder Definition of "Forcible Felony"

(720 ILCS 5/2-8) (from Ch. 38, par. 2-8) Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement... and any other felony which involves the use or threat of physical force or violence against any individual.

common law on rape

-Immediate complaint "Did victim come forward right away?" -Corroboration rule "Any injuries or witnesses to back up claim?" -Sexual activity "Has she been sexually active with others?" -Judicial instruction "Members of the jury, Rape is easy to charge and difficult to prove." -Marital exemption- you couldn't rape your spouse.

Brazill v. State- murder case

13 year old kicked out of school, returns and shoots a teacher in the head. Jury convicted him of second degree murder. Florida law provided that if a child of any age is charged with an offense punishable by death or life imprisonment, he shall be treated as an adult. Court found that the legislature could reasonably have determined that for some crimes the rehabilitative aspect of the juvenile court must give way to punishment

Owen v. State

14 year old child killed by the 23 year old defendant. Issue? Did the trial court appropriately consider facts in aggravation and mitigation during the sentencing phase of the defendant's trial. Holding? Yes What were some of the factors in aggravation? Prior violent offense? Committed during burglary or to aid flight, 4 Heinous,atrocious, cruel? Cold and calculated? Mitigation?-mentally imbalanced, substantial impairment of his ability to know right from wrong-but not insane, age of defendant at time.

Brancaccio V. State

16 year old Defendant convicted of first degree murder for beating and kicking a stranger to death. Defendant had been prescribed Zoloft (anti-depressant). Jury was not instructed on involuntary intoxication. Court held that it should have been based on the medical testimony offered. If because of involuntary intoxication, he was temporarily rendered legally insane at he time he committed the offense, he could be completely relieved of criminal responsibility. New trial with instructions to be given on involuntary intoxication.

720 ILCS 5/7-11 Compulsion

(a) A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. (b) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion, except that stated in subsection (a).

People v. Isaac Danyus

Defendant was 28 years old. Very small for his age. Lower functioning. He had two nephews approximately 10 and 11. Defendant took one boy out fishing. He took with him a back pack with latex gloves, 60 gallon heavy duty black trash bag, plastic bags containing human hair, a flip out hand saw, and a hammer. I called it a murder bag. Went to the woods. Told 11 year old to face away from him. Struck him two times in the back of the head. Also grabbed his mouth and knocked a tooth out. Child cries out "help!! What are you doing?" Defendant remains on scene and tells police to call his mom. Later admits that he had been hearing voices for some time (since 11 or 12) that he could not control. I don't know why I did it. I love him. I didn't want to do it. He had lured another nephew into a tool shed but the child refused to enter. Evaluated for insanity. Could not get a doctor to say what he needed him to say. I focused on the preparation. If you are trying to cover up the body with sticks bags.....you know that what you are doing is wrong. Danyus couldn't control his urge to swing a hammer at the back of his nephews head. His father is missing and defendant was the last person to see him alive. Pled guilty to agg battery to a child 6-30 I capped it at 20 at 85%. Judge gave him 20 years.

People v. Davis

Defendant watches 25 week pregnant mom with a 20 month old child in her arm cash a welfare check, shoots her in the chest. Mom lives......25 week old fetus dies. Issue? Did the lower court err by instructing on viability (probable v possible survivability) in terms of murder charge? Legislature had simply said its murder to kill a fetus, didn't define fetus. Appellate courts had read Roe V Wade incorrectly to say it's only the third trimester when state has an interest. Mother has protected constitutional right to an abortion in the first two trimesters. State can forbid in the third if life of mother is not at risk. State still has an interest in protecting the child from everyone but mom.

DEPRAVED HEART MURDER-Reckless Murder

Deliberately doing something that you know or should know is a dangerous act that creates a very high degree of risk of death or bodily injury. Places at least one person in danger. You know or should know that your acts create a strong probability of death or great bodily harm. Dropping cinder blocks from a building onto a parade route, opening a lions cage at zoo, playing Russian roulette. Firing into a moving Metra train.

People v. Lowery, Illinois 1997

During an attempted Armed Robbery the victim wrestled the gun away from one of the defendants and shot at defendant as he fled. The bullet fired by the victim of the Armed Robbery struck a passerby. Issue? Can the defendant be held criminally responsible under the felony murder rule for the death of the passerby? Holding? Yes. This was an Illinois case that follows the proximate cause theory. When a felon's attempt to commit a forcible felony sets in motion a chain of events that were or should have been contemplated when the motion was initiated, he should be held responsible for any death that is the result of the initial criminal act.

domestic battery

Enhanced punishments are provided for assaults and batteries against family members. -Protection not limited only to cohabitating family members but also: Spouses living apart Unmarried individuals living together Individuals who have children together In some states, those who are dating

People v. Golson IL Supreme Ct 1965

Facts: Defendant and two others stole bags of mail from a loading dock. Two postal inspectors detained them. One of defendant's companions shot and killed the inspectors. Until the shooting this was merely a form of felony theft. Issue: The Illinois Supreme Court was called upon to decide whether a common design to commit a nonviolent felony, such as theft, could serve as a basis for the application of the felony murder rule. Holding: In ruling that nonviolent felonies may at times be included within the definition of forcible felonies the Illinois Supreme Court held that... "the test to be applied in determining whether the felony-murder doctrine is applicable is not whether the felony is normally classified as non-violent, but is whether, under the facts of a particular case, it is contemplated that violence might be necessary to enable the conspirators to carry out their common purpose." (Defendant was present when the shooter bought ammunition for this weapon shortly before the theft.)

Second Degree Murder Nationwide

Generally it is someone who intends to kill but lacks deliberation and premeditation or someone who only intends to cause serious physical injury but who actually kills the person. State statutes vary widely. Perhaps best to determine what the others are and work backwards....

Felony Murder

If an individual is killed during the commission of a specific statutorily defined felony. Felony Murder Laws exist to deter individuals from placing others in danger during the commission of a felony punish harshly those who commit such acts relieve the prosecution of the burden of establishing criminal intent.

Withdrawal of Consent

Illinois was the first state to pass a law regarding the withdrawal of consent. Any person who initially consents to a sexual act is not deemed to have consented to later acts performed after they withdraw their consent for the later acts.

Illinois Rape

It shall be a defense to Crim Sex Abuse (Defendant under 17 has contact with victim between 9 and 17) or (Defendant is less than five years older than victim and victim is between 13 and 17) and Agg Crim Sex Abuse (victim is between 13 and 17 and defendant is more than 5 years older) if defendant reasonably believed victim was over 17 years of age.

common law of kidnapping

Kidnapping at common law was the forcible abduction or stealing away of a person from his or her own country and sending him into another country. The U.S. Congress has also enacted the Victims of Trafficking and Violence Protection Act of 2000 and the PROTECT Act of 2003 that together combat the international sexual trafficking industry. Roughly one million children, most of whom are girls, have been persuaded to leave or are forcibly abducted

beginning of life

Many states, like Illinois, criminalize homicide of an unborn child at any stage of development. You knew she was pregnant. Illinois calls the crime Intentional Homicide of an Unborn Child. Its first degree murder. Abortion rights still protected. U.S. Supreme Court recognized the right to privacy. Let open the possibility of significant restrictions in the third trimester. Legislatures decide.

Girouard v. State

Military Spouses Arguing. Issue? Are words alone in this particular case provocation adequate to justify conviction for manslaughter? Words can constitute provocation if they are accompanied by conduct indicating a present intention and ability to cause the defendant bodily harm. That was not the case with these taunts, when victim didn't have size or strength to cause defendant to fear for his bodily safety. Informational words? I am cheating on you, he just left?

State v. Far West Water and Sewer

Multiple employees of a sewage treatment company were killed during a project. Issue? Was the corporation guilty of negligent homicide, agg assault ,and two counts of endangering employees. Holding Yes Weidman and Noll were aware of the extreme risks to employees working under these conditions.

People v. Mehserle

Officer arresting someone mistakenly pulled their firearm, believing it was their taser and shot the person in the back. Evidence sufficient to find defendant acted with criminal negligence and therefor guilty of involuntary manslaughter

Fraud in Inducement

Potential employer says he will hire person in exchange for intercourse.

Kahler v. Kansas

U.S. Supreme Court decided March 23, 2020. Kansas does not have the unable to distinguish right from wrong prong of M'Naughten. Kansas only asks whether the defendant was able to understand what he was doing when he committed the offense. U.S. Supreme Court said this is absolutely fine. Due Process does not require Kansas to adopt a test that turns on whether the defendant knew his actions were wrong.

Intoxication

Voluntary intoxication is generally NOT a defense to a crime. Illinois law provides a person who is voluntarily drunk or drugged is criminally responsible for his conduct. Involuntary intoxication is a defense to any and all criminal offenses in those instances that the defendant's state of mind satisfies the standard for the insanity defense in the state.

M'Naughen Rule

The right-wrong test Use by most states and the federal government. Defendant, at the time of the crime, suffered from such a defect of reason that... 1. The defendant "did not know what defendant was doing" or 2. The defendant "did not know right from wrong"

tests for entrapment

The subjective test. Focus on the defendant. Did the possess a predisposition to commit the crime whether or not the government created the offense. The objective test -Focuses on the conduct of the government -Did the conduct of the government fall below standards to which common feelings respond

assult and battery

are separate offenses. A battery is the application of force to another person. An assault may be committed either by attempting to commit a battery or by intentionally placing another in fear of a battery. Notice that an assault does not involve physical contact.

Mistake of Law and Fact

mistake of fact constitutes a defense in those instances when the defendant's mistake results in a lack of criminal intent. Guy told to fly with this heart medication. Its actually drugs. Ignorance of the law is typically not an excuse. People are expected to know the law. Notice of new laws must be given to citizens.

excuses

provide a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible.

diminished capacity

recognized in roughly 15 states, not Illinois. Permits the admission of psychiatric testimony to establish that a defendant suffers from a mental disturbance that diminishes the defendant's capacity to form the required criminal intent. Recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent required for the offense.

Manslaughter-Nationwide

unlawful killing of another human being without malice aforethought.

In re. MTS

Was physical force present simply by an act of non-consensual penetration involving no more force than necessary to accomplish that result? Yes.

competency to stand trial

A defendant must understand the nature of the proceedings. A defendant be able to assist in his own defense. He must be in the right "frame of mind" to discuss the facts with his attorney.

insanity defense

A legal defense based on claims of mental illness or mental incapacity. Also sees if the person is competent to stand trial.

Second Degree Murder in Illinois

Second Degree Murder (720 ILCS 5/9‑2) (a) A person commits the offense of second degree murder when he or she commits the offense of first degree murder as defined in paragraph (1) or (2) of subsection (a) of Section 9‑1 of this Code and either of the following mitigating factors are present: (1) at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or 2) at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable. (b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person. (c) When evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. The burden of proof, however, remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code. (d) Sentence. Second degree murder is a Class 1 felony. Four circumstances in which "serious provocation" can arise: 1) mutual combat between the defendant and victim; 2) the immediate infliction of a substantial injury upon the defendant; 3) an illegal arrest; and 4) the immediate discovery by the defendant of adultery with or by the defendant's spouse.

State v. Forrest

Son shoots his terminally ill father in the head. Issue? Was there sufficient evidence of premeditation (thought out ahead of time) and deliberation (intent to kill carried out in a cool state of blood)? Holding? Yes the evidence was sufficient? 6 Factors were what? Provocation? Conduct and statements before killing? Threats and statements before and during killing? History of ill will between the parties? Lethal blows after victim rendered helpless? Killing done in a brutal manner?

Physician Assisted Suicide

Still a crime in many states. U.S. Supreme Court has ruled that the federal government has no legal authority under the Controlled Substances Act to prevent state doctors from prescribing drugs to be used in suicide.

Substantial capacity test

The Defendant lacks the capacity to appreciate the criminality of conduct or to conform to conduct required by law.

Voluntary Manslaughter

Voluntary manslaughter is the killing of another human being committed in a sudden heat of passion in response to adequate provocation. Adequate provocation is conduct that is sufficient to excite an intense passion which would cause a reasonable person to lose self-control. Like what? Substantial physical injury or substantial physical assault "Mutual combat" is a fight or struggle which both parties enter willingly or in which two persons, upon a sudden quarrel, and in hot blood, mutually fight upon equal terms and death results from combat. Serious crime committed against a relative. One spouse observing adultery of another spouse. Death resulting from resisting an illegal arrest. Unavailable to someone who has experienced a "cooling of the blood." Common law placed it at 24 hours. Now courts look at facts and circumstances of the case. So, spouse wants a divorce and is cheating himself. He walks in on spouse cheating and isn't upset but sees it as an opportunity to kill. He shoots them both. Can he claim it? NO, he must be reasonably, and actually provoked, and must kill in a heat of passion The provocation was not sufficiently serious to incite intense passion in a reasonable person where the defendant's multiple stabbing of the victim was out of proportion to the victim's attacks on the defendant, and the struggle was not on equal terms, as the victim was elderly and extremely intoxicated. People v. Hood, 191 Ill. App. 3d 129, 138 Ill. Dec. 470, 547 N.E.2d 637 (1st Dist. 1989).

insanity burden of proof for insanity

When the defense of insanity has been presented during the trial, the burden of proof is on the defendant to prove by clear and convincing evidence that the defendant is not guilty by reason of insanity. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of each of the offenses charged. The jury must be instructed that it may not consider whether the defendant has met his burden of proving that he is not guilty by reason of insanity until and unless it has first determined that the State has proven the defendant guilty beyond a reasonable doubt of the offense with which he is charged.

Durham product test

a defendant's unlawful act is the product of a mental disease or defect