sect13_pros_memo

sect13_pros_memo - SECTION 13: VOLUNTARY INTOXICATION...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
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,
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 7

sect13_pros_memo - SECTION 13: VOLUNTARY INTOXICATION...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online