LS 109 Week 4
LS 109 Week 4 Legalst 109
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This 4 page Class Notes was uploaded by Brianna Alleyne on Saturday September 17, 2016. The Class Notes belongs to Legalst 109 at University of California Berkeley taught by Richard Perry in Fall 2016. Since its upload, it has received 9 views. For similar materials see Aims and Limits of the Criminal Law in Legal Studies at University of California Berkeley.
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Date Created: 09/17/16
September 13, 2016 Ch.4 ● Every crime has 2 elements ○ Actus rea ■ Victimless crime ■ Means social harm ■ Consent same sex marriage gave you 22 years in jail in Georgia ■ Casual relationship ○ Mens rea ■ Causation relationship ■ Social harm ● Atkins ○ Can’t kill someone under iq of 70 ● Age ○ Under 7 you can’t be charged with crime ○ 814 misdemeanor ● The model penal code ○ Not a law in any state, it is a recommendation September 15, 2016 ● Vicarious corporate liability ○ Sue a company for not taking the action to make sure no one is harmed by your product ○ Can be actively sue someone because they don’t actively pay attention/supervise your belongings or staff Omissions ● Pages to pay attention to ○ 84 ○ 87 ○ 89/90 ● Good Samaritan Rule ○ If you see someone in danger, you have to do something until a law enforcement or someone can come ○ Have to help if spouse, employer, child in your care, statue ○ Absence in America but in European countries ● American bystander rule ○ No duty to help anyone unless it is by law ● If a minor and it is against religion to seek medical help, the doctors go above them and get an emergency court order to do it ○ Versus an adult can only offer Buck v. Bill ● Involuntarily sterilized mentally ill person ● Require vaccinations People v. Oliver ● Oliver takes a bar stander who is drunk back to her home ● He shoot up heroin and he passes out ● She goes back to bar and daughter comes home and sees and calls Oliver ● She thinks guy passes out so puts him outside, next morning she dies ● Oliver got convicted to accessory to murder due to it happening at her home and she provided the utensil for him to shoot up Stromer Case ● 19 year old at Las Vegas Casino was playing with a 7 year old (play fight) ○ He strangled, murdered, and sexually assaulted this child ● Friend, Cash, looks and saw and didn’t do anything ○ Never charged ○ Didn’t expel him due to not committing a crime or being charged with anything ○ What he did or didn’t do was legal in most cases ● They both left the casino and went to other casinos and then went to back to Cal September 16, 2016 Ch. 4 ● Reasons why voluntary acts are punished ● Crime is defined as a voluntary act and that people know what they are doing ● Punishing status offenders means you are punishing someone for who they are ● Pg. 8990 ● People v. Kellogg ○ Facts ■ Kellogg appeared inebriated and largely incoherent ● Talking to himself, gesturing, and rocking back and forth ● Post $104 bail and was released ● Due to being homeless didn’t know his court case so he didn’t appear ad was issued a warrant for arrest ● Violated 3 things ● During pretrial he was ordered to go to VA hospital they didn't have space so he went to county jail ● Has dual diagnosis ○ Mentall y/Emotionally ■ S evere alcohol dependence ■ D ementia ■ L ongterm cognitive impairment ■ S chizoid personality disorder ■ S ymptoms of PTSD ■ H istory of seizure disorder and closed head injury ■ A nxiety, depressive symptoms, and chronic pain ○ Physic ally ■ P eripheral edema ■ G astritis ■ A cute liver damage ■ U lcerative colitis ■ Disorder most likely caused him to want to live in a bush ■ Court found him guilty of one charge ○ Issue ■ Section 647 ○ Reasoning ■ Was subjected to misdemeanor because his conduct proposed a safety hazard ○ Holding ■ Decision was not disproportionate to offense or inhumane Ch. 5 ● Mens Rea ● Pg. 103 ● Knowlinging intent to hurt vs. intentionally hurt someone vs. recklessly hurt ○ Knowlingling intent intoxicated drive ○ Intentionally running someone over and being sound minded ○ Recklessly bad drivers ● State vs. Nation (Pg. 108) ○ Convicted of hiring a 16 year old dancing
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