Criminal Law

Law

Lee crim 2025

Sample Data

Front State v. Guthrie
Back Murder - premeditationGuthrie was provoked by taunting and being hit with a dish towel in the nose, and he killed his fellow employee. Jury instruction said that any intent to kill was considered premeditationHolding: reversed - there must be time in between the intent to kill and the act of killing for premeditation to be satisfied Takeaway: without time to deliberate, there is no meaningful difference between first- and second-degree murder (which is characterized by spontaneous/non-reflective nature)
Front Elements of a crime
Back 1. Actus reus: the act of the offense 2. Mens rea: the state of mind when committing the offense (guilty mind)CONCURRENCE REQUIREMENT: actus reus + mens rea must be present 3. Attendant circumstances: special factors that must be present for some crimes; found in the definition of the crime/statute (e.g. statutory rape - "underage") 3a. Things that aren't conduct or result 3b. A background fact that is crucial to finding out if the conduct is harmful
Front Cheek v. United States
Back Mistake of lawCheek (AA pilot) convicted for not paying taxes. He honestly believed he owed no taxes under the law. He also believed the laws were unconstitutional. Holding: a good faith mistake about federal tax laws does not need to be objectively reasonable to serve as a defense against the willfulness requirement By including "willful," Congress aimed to soften the impact of common law rule that ignorance of law is not a defense
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