Criminal Law: Case Studies and Controversies
- Robinson
- 2nd Edition
- ISBN: 978-0-7355-6927-0
| Page | Case Name | Citation | Court | Audio |
|---|---|---|---|---|
| 237 | United States v. Brawner | 471 F.2d 969 | United States Court of Appeals, District of Columbia Circuit, 1972 |  Download |
| 475 | Regina v. Dudley and Stephens | 14 Q.B.D. 273 | Queen's Bench Division, 1884 | Download |
| 500 | Tennessee v. Garner | 471 U.S. 1 | Supreme Court of the United States, 1985 | Download |
| 215 | Gregg v. Georgia | 428 U.S. 153 | Supreme Court of the United States, 1976 | |
| 424 | Jones v. United States | 308 F.2d 307 | United States Court of Appeals, District of Columbia Circuit, 1962 | Download |
| 420 | Martin v. State | 31 Ala. App. 334, 17 So. 2d 427 | Alabama Court of Appeals, 1944 | Download |
| 132 | Morissette v. United States | 342 U.S. 246 | Supreme Court of the United States, 1952 | Download |
| 159 | People v. Olsen | 36 Cal. 2d 638, 685 P.2d 52 | Supreme Court of California, 1984 | Download |
| 262 | Commonwealth v. Root | 403 Pa. 571, 170 A.2d 310 | Supreme Court of Pennsylvania, 1961 | Download |
| Case Information | Fact Summary | Rule of Law |
|---|---|---|
|
United States v. Brawner United States Court of Appeals, District of Columbia Circuit, 1972 471 F.2d 969 Pg. 237 |
After examining the test of legal insanity as a complete defense, the court considered whether mental health evidence should be admissible apart from its bearing on the insanity issue. | The court found a rule that permits the introduction of expert testimony as to abnormal conditions if it is relevant to negate, or establish the specific mental condition that is an element of the crime. |
|
Regina v. Dudley and Stephens Queen's Bench Division, 1884 14 Q.B.D. 273 Pg. 475 |
A group of guys went sailing. They got caught in a storm and pushed out to sea. After days without food, two of the men decided to eat the cabin boy. | Extreme hunger does not justify murder and is therefore punishable. |
|
Tennessee v. Garner Supreme Court of the United States, 1985 471 U.S. 1 Pg. 500 |
A policeman shot and killed a suspect that was fleeing from the scene of a buglary after ordering him to halt. The suspect was a minor, had a slight build, and was not armed. The policeman shot the suspect solely to prevent him from escaping. | A police officer may not use deadly force against a fleeing felony suspect unless he has probable cause to believe that the suspect poses a threat of serious physical harm to the officer or others. |
|
Gregg v. Georgia Supreme Court of the United States, 1976 428 U.S. 153 Pg. 215 |
Defendant, a hitchhiker, killed and robbed two men who had picked him up. After being convicted and sentenced to death under Georgia's newly revised capital punishment statute, defendant challenges the imposition of the death penalty under the Eighth Amendment. | "...The death penalty is not a form of punishment that may never be imposed, regardless of the circumstances of the offense, regardless of the character of the offender, and regardless of the procedure followed in reaching the decision to impose it. ... The concerns expressed in Furman that the penalty of death not be imposed in an arbitrary or capricious manner can be met by a carefully drafted statute that ensures that the sentencing authority is given adequate information and guidance. As a general proposition these concerns are best met by a system that provides for a bifurcated proceeding at which the sentencing authority is apprised of the information relevant to the imposition of sentence and provided with standards to guide its use of the information..." |
|
Jones v. United States United States Court of Appeals, District of Columbia Circuit, 1962 308 F.2d 307 Pg. 424 |
Mother of illegitimate baby placed the baby with the defendant. The defendant did not provide the baby with food and necessities and the baby died. | "There are at least four situations in which the failure to act may constitute a breach of a legal duty. One can be held criminally liable: first, where a statute imposes a duty to care for another; third, where one has assumed a contractual duty to care for another; fourth, where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid." |
|
Martin v. State Alabama Court of Appeals, 1944 31 Ala. App. 334, 17 So. 2d 427 Pg. 420 |
Police officers arrested Martin at his home, where he was drunk, and then took him to a highway and then arrested him for being drunk on the highway. | To satisfy the actus reus element of a crime, the defendant must act voluntarily. In other words, the brain must command the defendant's actions. |
|
Morissette v. United States Supreme Court of the United States, 1952 342 U.S. 246 Pg. 132 |
A junk dealer took bomb casings, which had been laying in the open and were rusting, from an Air Force bombing range. | Strict liability does not apply where the offense is not a public welfare offense. |
|
People v. Olsen Supreme Court of California, 1984 36 Cal. 2d 638, 685 P.2d 52 Pg. 159 |
Man has sex with a minor, but is mistaken about her age. | The mistake of fact defense is not available in statutory rape cases, where strict liability applies. |
|
Commonwealth v. Root Supreme Court of Pennsylvania, 1961 403 Pa. 571, 170 A.2d 310 Pg. 262 |
Defendant was racing the decedent on a public road. While in a no-passing zone, the decedent attempted to pass the defendant in the left lane, where traffic was traveling in the opposite direction. The decedent's car was struck by an on-coming truck, and was killed. Defendant was convicted on involuntary manslaughter. | To convict a defendant of manslaughter, his conduct must be both reckless and a sufficiently direct cause of the death of another. |