Life of a Law Student » Criminal Law http://www.lifeofalawstudent.com The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Mon, 11 Aug 2008 15:05:02 +0000 http://wordpress.org/?v=2.6 en http://www.lifeofalawstudent.com http://www.lifeofalawstudent.com//wp-content/themes/fleur/img/fdl_icon.gif Life of a Law Student ©Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com (Rob Wiltbank and the LoaLS Team) rob@lifeofalawstudent.com(Rob Wiltbank and the LoaLS Team) 1440 law school, law student, legal, law, court, school, constitution, criminal To make as much legal knowledge and information freely available, to as many people, in as many ways, as is possiblehellip; The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Rob Wiltbank and the LoaLS Team Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com No no http://www.lifeofalawstudent.com/images/podcast.jpg Life of a Law Student http://www.lifeofalawstudent.com 144 144 Criminal Law #25: Duress http://www.lifeofalawstudent.com/2006/07/23/criminal-law-25-duress/ http://www.lifeofalawstudent.com/2006/07/23/criminal-law-25-duress/#comments Mon, 24 Jul 2006 03:31:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=103 Duress is the topic of this last episode in Criminal Law. Duress is an excuse, where an actor is pressured to commit another crime. This episode will also compare duress with necessity.

State v. Toscano
United States v. Fleming

]]> http://www.lifeofalawstudent.com/2006/07/23/criminal-law-25-duress/feed/ 18:02 Duress is the topic of this last episode in Criminal Law. Duress is an excuse, where an actor is pressured to commit another crime. ... Duress is the topic of this last episode in Criminal Law. Duress is an excuse, where an actor is pressured to commit another crime. This episode will also compare duress with necessity. State v. Toscano United States v. Fleming 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #24: Necessity (Choice of Lesser Evil) http://www.lifeofalawstudent.com/2006/07/23/criminal-law-24-necessity-choice-of-lesser-evil/ http://www.lifeofalawstudent.com/2006/07/23/criminal-law-24-necessity-choice-of-lesser-evil/#comments Mon, 24 Jul 2006 03:23:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=104 Another justification in criminal law is that of necessity, often known as the choice of the lesser evil. Under necessity, it is argued that society is actually better off by breaking one law in order to avoid a worse fate. An example of this would be a private bulldozing company destroying a house to stop a fire from spreading.

People v. Unger
Borough of Southwark v. Williams
Commonwealth v. Hutchins
Commonwealth v. Leno
United States v. Schoon
Regina v. Dudley and Stephens

]]> http://www.lifeofalawstudent.com/2006/07/23/criminal-law-24-necessity-choice-of-lesser-evil/feed/ 23:23 Another justification in criminal law is that of necessity, often known as the choice of the lesser evil. Under necessity, it is argued that ... Another justification in criminal law is that of necessity, often known as the choice of the lesser evil. Under necessity, it is argued that society is actually better off by breaking one law in order to avoid a worse fate. An example of this would be a private bulldozing company destroying a house to stop a fire from spreading. People v. Unger Borough of Southwark v. Williams Commonwealth v. Hutchins Commonwealth v. Leno United States v. Schoon Regina v. Dudley and Stephens 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #23: Self-Defense III http://www.lifeofalawstudent.com/2006/07/23/criminal-law-23-self-defense-iii/ http://www.lifeofalawstudent.com/2006/07/23/criminal-law-23-self-defense-iii/#comments Mon, 24 Jul 2006 03:13:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=105 We conclude our discussion of self-defense by looking at the duty of retreat, use of deadly force in protecting property, and the use of deadly force by law enforcement.

State v. Abbot
United States v. Peterson
People v. Ceballos
Durham v. State
Tennessee v. Garner

]]> http://www.lifeofalawstudent.com/2006/07/23/criminal-law-23-self-defense-iii/feed/ 28:37 We conclude our discussion of self-defense by looking at the duty of retreat, use of deadly force in protecting property, and the use of deadly ... We conclude our discussion of self-defense by looking at the duty of retreat, use of deadly force in protecting property, and the use of deadly force by law enforcement. State v. Abbot United States v. Peterson People v. Ceballos Durham v. State Tennessee v. Garner 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #22: Self-Defense II http://www.lifeofalawstudent.com/2006/07/23/criminal-law-22-self-defense-ii/ http://www.lifeofalawstudent.com/2006/07/23/criminal-law-22-self-defense-ii/#comments Mon, 24 Jul 2006 03:07:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=106 We continue our discussion of self-defense by focusing in on Battered Woman’s Syndrome, and how that affects self-defense analysis. We will also look briefly at how the MPC handles self-defense.

State v. Kelly
State v. Norman
State v. Schroeder

]]> http://www.lifeofalawstudent.com/2006/07/23/criminal-law-22-self-defense-ii/feed/ 26:23 We continue our discussion of self-defense by focusing in on Battered Woman's Syndrome, and how that affects self-defense analysis. We will also look briefly ... We continue our discussion of self-defense by focusing in on Battered Woman's Syndrome, and how that affects self-defense analysis. We will also look briefly at how the MPC handles self-defense. State v. Kelly State v. Norman State v. Schroeder 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #21: Self-Defense I http://www.lifeofalawstudent.com/2006/07/13/criminal-law-21-self-defense-i/ http://www.lifeofalawstudent.com/2006/07/13/criminal-law-21-self-defense-i/#comments Thu, 13 Jul 2006 05:02:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=107 We now move into justifications and excuses, beginning with the justification of protection or self or others, commonly known as self-defense. We will look at the basic requirements of a self-defense justification, as well as examining subjective and objective tests.

People v. Goetz

]]> http://www.lifeofalawstudent.com/2006/07/13/criminal-law-21-self-defense-i/feed/ 21:54 We now move into justifications and excuses, beginning with the justification of protection or self or others, commonly known as self-defense. We will look ... We now move into justifications and excuses, beginning with the justification of protection or self or others, commonly known as self-defense. We will look at the basic requirements of a self-defense justification, as well as examining subjective and objective tests. People v. Goetz 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #20: Conspiracy II http://www.lifeofalawstudent.com/2006/07/13/criminal-law-20-conspiracy-ii/ http://www.lifeofalawstudent.com/2006/07/13/criminal-law-20-conspiracy-ii/#comments Thu, 13 Jul 2006 05:00:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=108 Conspiracy generally requires purpose, but there are certain circumstances where purpose can be inferred from knowledge. We will examine these circumstances in this episode, as well as looking at the “geometry” of conspiracies. Finally we will look at some exemptions to prosecution under conspiracy law.

People v. Lauria
United States v. Blankenship
Kotteakos v. United States
Blumenthal v. United States
Anderson v. Superior Court
Gebardi v. United States
Garcia v. State

]]> http://www.lifeofalawstudent.com/2006/07/13/criminal-law-20-conspiracy-ii/feed/ 29:04 Conspiracy generally requires purpose, but there are certain circumstances where purpose can be inferred from knowledge. We will examine these circumstances in this episode, ... Conspiracy generally requires purpose, but there are certain circumstances where purpose can be inferred from knowledge. We will examine these circumstances in this episode, as well as looking at the "geometry" of conspiracies. Finally we will look at some exemptions to prosecution under conspiracy law. People v. Lauria United States v. Blankenship Kotteakos v. United States Blumenthal v. United States Anderson v. Superior Court Gebardi v. United States Garcia v. State 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #19: Conspiracy I http://www.lifeofalawstudent.com/2006/07/13/criminal-law-19-conspiracy-i/ http://www.lifeofalawstudent.com/2006/07/13/criminal-law-19-conspiracy-i/#comments Thu, 13 Jul 2006 04:58:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=109 A conspiracy is the agreement between multiple individuals to work together in criminal activity. Such agreements are a separate crime in and of themselves, and bring in significant benefits for prosecutors and risks for criminals. Some of these risks include being charged with crimes committed by other members of the conspiracy.

Krulewitch v. United States
Pinkerton v. United States
State v. Bridges
People v. Brigham
United States v. Alvarez
Interstate Circuit, Inc. v. United States
United States v. Alvarez

]]> http://www.lifeofalawstudent.com/2006/07/13/criminal-law-19-conspiracy-i/feed/ 35:39 A conspiracy is the agreement between multiple individuals to work together in criminal activity. Such agreements are a separate crime in and of themselves, ... A conspiracy is the agreement between multiple individuals to work together in criminal activity. Such agreements are a separate crime in and of themselves, and bring in significant benefits for prosecutors and risks for criminals. Some of these risks include being charged with crimes committed by other members of the conspiracy. Krulewitch v. United States Pinkerton v. United States State v. Bridges People v. Brigham United States v. Alvarez Interstate Circuit, Inc. v. United States United States v. Alvarez 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #18: Accomplice Liability II http://www.lifeofalawstudent.com/2006/07/10/criminal-law-18-accomplice-liability-ii/ http://www.lifeofalawstudent.com/2006/07/10/criminal-law-18-accomplice-liability-ii/#comments Tue, 11 Jul 2006 02:34:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=110 In this episode we conclude our discussion of aiding and abetting by examining how much aid is required for liability, how acquitted or feigning participants are handled, and exemptions to liability for aiding and abetting.

Wilcox v. Jeffrey
State ex rel. Attorney General v. Tally
State v. Hayes
Taylor v. Commonwealth

]]> http://www.lifeofalawstudent.com/2006/07/10/criminal-law-18-accomplice-liability-ii/feed/ 24:30 In this episode we conclude our discussion of aiding and abetting by examining how much aid is required for liability, how acquitted or feigning participants ... In this episode we conclude our discussion of aiding and abetting by examining how much aid is required for liability, how acquitted or feigning participants are handled, and exemptions to liability for aiding and abetting. Wilcox v. Jeffrey State ex rel. Attorney General v. Tally State v. Hayes Taylor v. Commonwealth 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #17: Accomplice Liability I http://www.lifeofalawstudent.com/2006/07/10/criminal-law-17-accomplice-liability-i/ http://www.lifeofalawstudent.com/2006/07/10/criminal-law-17-accomplice-liability-i/#comments Tue, 11 Jul 2006 02:31:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=111 Those who assist other criminals may be liable under accomplice liability (aka aiding and abetting or complicity.) This is the first of two episodes exploring this topic.

Hicks v. United States
Wilson v. People
State v. Gladstone
People v. Luparello
State v. McRay

]]> http://www.lifeofalawstudent.com/2006/07/10/criminal-law-17-accomplice-liability-i/feed/ 29:34 Those who assist other criminals may be liable under accomplice liability (aka aiding and abetting or complicity.) This is the first of two episodes ... Those who assist other criminals may be liable under accomplice liability (aka aiding and abetting or complicity.) This is the first of two episodes exploring this topic. Hicks v. United States Wilson v. People State v. Gladstone People v. Luparello State v. McRay 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #16: Attempt II http://www.lifeofalawstudent.com/2006/07/05/criminal-law-16-attempt-ii/ http://www.lifeofalawstudent.com/2006/07/05/criminal-law-16-attempt-ii/#comments Wed, 05 Jul 2006 07:25:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=112 We continue our discussion of attempt by shifting to the question of actus reus. At what point do you shift from mere preparation to an actual attempt? The three tests we will look at are dangerous proximity, equivocality, and substantial step.

People v. Rizzo
State v. Duke
United States v. Jackson
United States v. Harper
United States v. Mandujano

]]> http://www.lifeofalawstudent.com/2006/07/05/criminal-law-16-attempt-ii/feed/ 23:15 We continue our discussion of attempt by shifting to the question of actus reus. At what point do you shift from mere preparation to ... We continue our discussion of attempt by shifting to the question of actus reus. At what point do you shift from mere preparation to an actual attempt? The three tests we will look at are dangerous proximity, equivocality, and substantial step. People v. Rizzo State v. Duke United States v. Jackson United States v. Harper United States v. Mandujano 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #15: Attempt I http://www.lifeofalawstudent.com/2006/07/05/criminal-law-15-attempt-i/ http://www.lifeofalawstudent.com/2006/07/05/criminal-law-15-attempt-i/#comments Wed, 05 Jul 2006 07:23:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=113 Not every crime comes to fruition. Many are attempted, but failed. This episode looks at the mens rea requirements of attempt, as well as solicitation, abandonment, and impossibility.

Thacker v. Commonwealth
Smallwood v. State

]]> http://www.lifeofalawstudent.com/2006/07/05/criminal-law-15-attempt-i/feed/ 21:04 Not every crime comes to fruition. Many are attempted, but failed. This episode looks at the mens rea requirements of attempt, as well ... Not every crime comes to fruition. Many are attempted, but failed. This episode looks at the mens rea requirements of attempt, as well as solicitation, abandonment, and impossibility. Thacker v. Commonwealth Smallwood v. State 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #14: The Felony Murder Rule http://www.lifeofalawstudent.com/2006/04/08/criminal-law-14-the-felony-murder-rule/ http://www.lifeofalawstudent.com/2006/04/08/criminal-law-14-the-felony-murder-rule/#comments Sat, 08 Apr 2006 23:37:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=114 In many jurisdictions, any homicide that occurs during the commission of a felony is chargeable as murder. This doctrine, the felony murder rule, has been significantly criticized by commentators and limited by the judiciary.

Regina v. Serne
People v. Stamp

]]> http://www.lifeofalawstudent.com/2006/04/08/criminal-law-14-the-felony-murder-rule/feed/ 21:13 In many jurisdictions, any homicide that occurs during the commission of a felony is chargeable as murder. This doctrine, the felony murder rule, has ... In many jurisdictions, any homicide that occurs during the commission of a felony is chargeable as murder. This doctrine, the felony murder rule, has been significantly criticized by commentators and limited by the judiciary. Regina v. Serne People v. Stamp 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #13: Negligent Homicides http://www.lifeofalawstudent.com/2006/04/08/criminal-law-13-negligent-homicides/ http://www.lifeofalawstudent.com/2006/04/08/criminal-law-13-negligent-homicides/#comments Sat, 08 Apr 2006 23:32:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=115 Homicide often comes about through inadvertance and acceptance of risk, rather than an intentional act. Such homicides include negligent homicide (criminal negligence) and involuntary manslaughter (criminal recklessness).

Commonwealth v. Welansky
Parrish v. State
State v. Williams

]]> http://www.lifeofalawstudent.com/2006/04/08/criminal-law-13-negligent-homicides/feed/ 17:02 Homicide often comes about through inadvertance and acceptance of risk, rather than an intentional act. Such homicides include negligent homicide (criminal negligence) and involuntary ... Homicide often comes about through inadvertance and acceptance of risk, rather than an intentional act. Such homicides include negligent homicide (criminal negligence) and involuntary manslaughter (criminal recklessness). Commonwealth v. Welansky Parrish v. State State v. Williams 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #12: Voluntary Manslaughter http://www.lifeofalawstudent.com/2006/04/08/criminal-law-12-voluntary-manslaughter/ http://www.lifeofalawstudent.com/2006/04/08/criminal-law-12-voluntary-manslaughter/#comments Sat, 08 Apr 2006 23:28:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=116 Intentional killings often occur based upon provocation and / or extreme emotional distress (EED). Such killings are classified as voluntary manslaughter, which includes a reduction in punishment.

Maher v. People
Girouard v. State

]]> http://www.lifeofalawstudent.com/2006/04/08/criminal-law-12-voluntary-manslaughter/feed/ 20:02 Intentional killings often occur based upon provocation and / or extreme emotional distress (EED). Such killings are classified as voluntary manslaughter, which includes a ... Intentional killings often occur based upon provocation and / or extreme emotional distress (EED). Such killings are classified as voluntary manslaughter, which includes a reduction in punishment. Maher v. People Girouard v. State 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #11: Murder http://www.lifeofalawstudent.com/2006/03/29/criminal-law-11-murder/ http://www.lifeofalawstudent.com/2006/03/29/criminal-law-11-murder/#comments Wed, 29 Mar 2006 05:44:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=117 We now begin several episodes on the topic of homicide. The most serious of homicides are intentional ones, aka murder. Murder is generally broken down into two degrees: first and second.

Commonwealth v. Carroll
State v. Guthrie
Commonwealth v. Malone
United States v. Fleming

]]> http://www.lifeofalawstudent.com/2006/03/29/criminal-law-11-murder/feed/ 33:16 We now begin several episodes on the topic of homicide. The most serious of homicides are intentional ones, aka murder. Murder is generally ... We now begin several episodes on the topic of homicide. The most serious of homicides are intentional ones, aka murder. Murder is generally broken down into two degrees: first and second. Commonwealth v. Carroll State v. Guthrie Commonwealth v. Malone United States v. Fleming 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #10: Rape III http://www.lifeofalawstudent.com/2006/02/28/criminal-law-10-rape-iii/ http://www.lifeofalawstudent.com/2006/02/28/criminal-law-10-rape-iii/#comments Tue, 28 Feb 2006 20:08:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=118 This is our final episode on rape. We will examine marital immunity (aka the marital exemption), corroboration requirements, jury instructions, and rape-shield laws.

People v. Liberta
State ex. rel. Pope v. Superior Court
State v. DeLawder
Neeley v. Commonwealth
Wood v. Alaska
Govt. of the Virgin Islands v. Scuito

]]> http://www.lifeofalawstudent.com/2006/02/28/criminal-law-10-rape-iii/feed/ 26:54 This is our final episode on rape. We will examine marital immunity (aka the marital exemption), corroboration requirements, jury instructions, and rape-shield laws. People v. ... This is our final episode on rape. We will examine marital immunity (aka the marital exemption), corroboration requirements, jury instructions, and rape-shield laws. People v. Liberta State ex. rel. Pope v. Superior Court State v. DeLawder Neeley v. Commonwealth Wood v. Alaska Govt. of the Virgin Islands v. Scuito 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #9: Rape II http://www.lifeofalawstudent.com/2006/02/28/criminal-law-9-rape-ii/ http://www.lifeofalawstudent.com/2006/02/28/criminal-law-9-rape-ii/#comments Tue, 28 Feb 2006 20:02:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=119 In this, our second episode on rape, we will examine several topics. They include a definition of force, varying levels of consent, consent obtained by deception, and the mens rea of rape.

State in the Interest of M.T.S.
People v. Evans
Boro v. Superior Court
Commonwealth v. Sherry
Commonwealth v. Fischer

]]> http://www.lifeofalawstudent.com/2006/02/28/criminal-law-9-rape-ii/feed/ 34:38 In this, our second episode on rape, we will examine several topics. They include a definition of force, varying levels of consent, consent obtained ... In this, our second episode on rape, we will examine several topics. They include a definition of force, varying levels of consent, consent obtained by deception, and the mens rea of rape. State in the Interest of M.T.S. People v. Evans Boro v. Superior Court Commonwealth v. Sherry Commonwealth v. Fischer 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #8: Rape I http://www.lifeofalawstudent.com/2006/02/28/criminal-law-8-rape-i/ http://www.lifeofalawstudent.com/2006/02/28/criminal-law-8-rape-i/#comments Tue, 28 Feb 2006 09:05:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=120 This is the first of three episodes handling the issues of rape and sexual crimes. We will examine the general elements of rape, which include penetration, physical force, and a lack of consent. A recurring theme will be the common law’s distrust of alleged rape victims.

State v. Rusk
People v. Warren
State v. Thompson

]]> http://www.lifeofalawstudent.com/2006/02/28/criminal-law-8-rape-i/feed/ 33:01 This is the first of three episodes handling the issues of rape and sexual crimes. We will examine the general elements of rape, which ... This is the first of three episodes handling the issues of rape and sexual crimes. We will examine the general elements of rape, which include penetration, physical force, and a lack of consent. A recurring theme will be the common law's distrust of alleged rape victims. State v. Rusk People v. Warren State v. Thompson 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #7 Placeholder http://www.lifeofalawstudent.com/2006/02/28/criminal-law-7-placeholder/ http://www.lifeofalawstudent.com/2006/02/28/criminal-law-7-placeholder/#comments Tue, 28 Feb 2006 09:04:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=121 This is a placeholder for Criminal Law #7: Mistake of Law.

Somehow my recorded episode has gone MIA, as have my digital notes. I will replace this episode at some point in the future.

]]> http://www.lifeofalawstudent.com/2006/02/28/criminal-law-7-placeholder/feed/ 0:48 This is a placeholder for Criminal Law #7: Mistake of Law. Somehow my recorded episode has gone MIA, as have my digital notes. I will ... This is a placeholder for Criminal Law #7: Mistake of Law. Somehow my recorded episode has gone MIA, as have my digital notes. I will replace this episode at some point in the future. 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #6: Strict Liability http://www.lifeofalawstudent.com/2006/02/15/criminal-law-6-strict-liability/ http://www.lifeofalawstudent.com/2006/02/15/criminal-law-6-strict-liability/#comments Wed, 15 Feb 2006 09:37:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=122 Sometimes a material element of a crime, or perhaps even all of the material elements of a crime, will lack a mens rea requirement. This is known as strict liability. Under what circumstances is this allowable? In this episode we will also examine vicarious liability.

Morissette v. United States
Staples v. United States

]]> http://www.lifeofalawstudent.com/2006/02/15/criminal-law-6-strict-liability/feed/ 24:46 Sometimes a material element of a crime, or perhaps even all of the material elements of a crime, will lack a mens rea requirement. ... Sometimes a material element of a crime, or perhaps even all of the material elements of a crime, will lack a mens rea requirement. This is known as strict liability. Under what circumstances is this allowable? In this episode we will also examine vicarious liability. Morissette v. United States Staples v. United States 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #5: Mistake of Fact http://www.lifeofalawstudent.com/2006/02/15/criminal-law-5-mistake-of-fact/ http://www.lifeofalawstudent.com/2006/02/15/criminal-law-5-mistake-of-fact/#comments Wed, 15 Feb 2006 09:31:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=123 If I joke around with a gun I honestly and reasonably believe to be unloaded, and it goes off and kills someone, am I criminally liable? These mens rea questions are often referred to as “mistake of fact.”

Regina v. Prince
People v. Olsen

]]> http://www.lifeofalawstudent.com/2006/02/15/criminal-law-5-mistake-of-fact/feed/ 19:26 If I joke around with a gun I honestly and reasonably believe to be unloaded, and it goes off and kills someone, am I criminally ... If I joke around with a gun I honestly and reasonably believe to be unloaded, and it goes off and kills someone, am I criminally liable? These mens rea questions are often referred to as "mistake of fact." Regina v. Prince People v. Olsen 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #4: Intro to Mens Rea http://www.lifeofalawstudent.com/2006/02/15/criminal-law-4-intro-to-mens-rea/ http://www.lifeofalawstudent.com/2006/02/15/criminal-law-4-intro-to-mens-rea/#comments Wed, 15 Feb 2006 09:30:16 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=124 We now turn to mens rea, the “criminal intent.” We will look at how the Model Penal Code created a consistent system for determining what type of culpable mind was required for which elements. Additionally, we will spend a short amount of time on motive vs. intent, specific intent vs. general intent, non-MPC states, conditional intent, and conscious avoidance.

Regina v. Cunningham
United States v. Jewell

]]> http://www.lifeofalawstudent.com/2006/02/15/criminal-law-4-intro-to-mens-rea/feed/ 35:22 We now turn to mens rea, the "criminal intent." We will look at how the Model Penal Code created a consistent system for determining ... We now turn to mens rea, the "criminal intent." We will look at how the Model Penal Code created a consistent system for determining what type of culpable mind was required for which elements. Additionally, we will spend a short amount of time on motive vs. intent, specific intent vs. general intent, non-MPC states, conditional intent, and conscious avoidance. Regina v. Cunningham United States v. Jewell 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #3: Omissions http://www.lifeofalawstudent.com/2006/01/30/criminal-law-3-omissions/ http://www.lifeofalawstudent.com/2006/01/30/criminal-law-3-omissions/#comments Mon, 30 Jan 2006 10:47:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=125 The actus reus component of a crime can be fulfilled by the omission of an act, rather than an affirmative act. In this episode we will examine when a duty to act will come into being.

Pope v. State
Jones v. United States

]]> http://www.lifeofalawstudent.com/2006/01/30/criminal-law-3-omissions/feed/ 26:48 The actus reus component of a crime can be fulfilled by the omission of an act, rather than an affirmative act. In this episode ... The actus reus component of a crime can be fulfilled by the omission of an act, rather than an affirmative act. In this episode we will examine when a duty to act will come into being. Pope v. State Jones v. United States 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #2: Actus Reus http://www.lifeofalawstudent.com/2006/01/30/criminal-law-2-actus-reus/ http://www.lifeofalawstudent.com/2006/01/30/criminal-law-2-actus-reus/#comments Mon, 30 Jan 2006 10:43:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=126 In order to be found culpable of a crime, a voluntary act is required. But what counts as voluntary? And which acts need to be voluntary? By looking to the Model Penal Code we will answer these questions in this episode.

Martin v. State
Winzar v. Chief Constable of Kent
People v. Decina
People v. Newton

]]> http://www.lifeofalawstudent.com/2006/01/30/criminal-law-2-actus-reus/feed/ 32:12 In order to be found culpable of a crime, a voluntary act is required. But what counts as voluntary? And which acts need ... In order to be found culpable of a crime, a voluntary act is required. But what counts as voluntary? And which acts need to be voluntary? By looking to the Model Penal Code we will answer these questions in this episode. Martin v. State Winzar v. Chief Constable of Kent People v. Decina People v. Newton 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Criminal Law #1: Introduction to Criminal Law http://www.lifeofalawstudent.com/2006/01/21/criminal-law-1-introduction-to-criminal-law/ http://www.lifeofalawstudent.com/2006/01/21/criminal-law-1-introduction-to-criminal-law/#comments Sat, 21 Jan 2006 23:35:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=127 In this episode we will get an overview of what we will be examining in Criminal Law. The Model Penal Code, presumption of innocence, proof beyond a reasonable doubt, and justifications for punishment will be discussed.

Regina v. Dudley and Stephens

]]> http://www.lifeofalawstudent.com/2006/01/21/criminal-law-1-introduction-to-criminal-law/feed/ 23:55 In this episode we will get an overview of what we will be examining in Criminal Law. The Model Penal Code, presumption of innocence, ... In this episode we will get an overview of what we will be examining in Criminal Law. The Model Penal Code, presumption of innocence, proof beyond a reasonable doubt, and justifications for punishment will be discussed. Regina v. Dudley and Stephens 1L,,Criminal,Law,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No