Criminal Law
Archived Posts from this Category
Criminal Law #15: Attempt I Wednesday, Jul 5 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 3:23 am
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
Criminal Law #14: The Felony Murder Rule Saturday, Apr 8 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 7:37 pm
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
Criminal Law #13: Negligent Homicides Saturday, Apr 8 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 7:32 pm
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
Criminal Law #12: Voluntary Manslaughter Saturday, Apr 8 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 7:28 pm
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
Criminal Law #11: Murder Wednesday, Mar 29 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 1:44 am
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
Criminal Law #10: Rape III Tuesday, Feb 28 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 4:08 pm
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
Criminal Law #9: Rape II Tuesday, Feb 28 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 4:02 pm
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
Criminal Law #8: Rape I Tuesday, Feb 28 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 5:05 am
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
Criminal Law #7 Placeholder Tuesday, Feb 28 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 5:04 am
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.
Criminal Law #6: Strict Liability Wednesday, Feb 15 2006
1L and Criminal Law and Neil Wehneman and University of Cincinnati College of Law 5:37 am
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