sect13_pros_memo - SECTION 13 VOLUNTARY INTOXICATION WEAVER...

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S ECTION 13: V OLUNTARY I NTOXICATION – O CTOBER 24, 2006 W EAVER P ROSECUTION M EMO P RIMARY C ASE IN S ECTION : J ORDAN W EAVER Key Facts: - Legal Analysis/Argument: Charge Prosecution Defense Chapter 5. Offenses of General Applicability , § 35-41-5- 1: Attempt Pg. 415 § 35-42-1-1: Murder, pg 413 Subjective elements – law 1 o A person attempts to commit a crime when, acting with the culpability required for commission of the crime , he engages in conduct that constitutes a substantial step toward commission of the crime. o An attempt to commit murder is a Class A felony. Subjective elements – law 2 o Knowingly or intentionally o Kills another human being Objective elements – facts o Weaver’s battery of Wendy Waldman constitutes a substantial step towards her death. o Subjective elements - facts o Rhodes v. State - Indiana doesn’t permit an Objective elements – facts o 1
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Charge Prosecution Defense offense of attempted reckless homicide - Specific intent must be proven for attempt culpability to be satisfied § 35-42-2-1: Battery pg. 377 Objective elements – law o A person who knowingly or intentionally o Touches another person in a rude, insolent, or angry manner, commits battery, a Class B misdemeanor. Objective elements – facts o Subjective elements - facts o Objective elements – law o § 35-42-2-2: Criminal Recklessness, pg. 414 Objective elements – law o A person who recklessly, knowingly, or intentionally o Performs an act that creates a substantial risk of bodily injury to another person, commits criminal recklessness, a Class B misdemeanor. o Bodily injury ( § 35- 41-1-4) – any impairment of physical, including physical pain Objective elements – facts o Subjective elements - facts o Objective elements – facts o § 35-41-2-2: Culpability, pg. 415 Subjective elements – law o
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  • Fall '06
  • GROOME,DERMOT
  • assault, Subjective Elements, Objective Elements

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