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Week 3 Criminal Law

Eg stray bullet fight on roadway legal cause proximate

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Unformatted text preview: und knowledge in “keep or allow to be kept” and FG, but dissent attacks, and legislative intent to create criminal liability without Concurrence Causation: hold people accountable for results of conduct Factual Cause = “but for” test: chain of events. EG: stray bullet, fight on roadway Legal cause: proximate cause: trigger of events, bullet in the air, Case: Blame D for Drinking Buddy’s Death? People v. Armitage (1987 Cal.App.): involuntary manslaughter, felony DUI boat. Zig zagging testimony, reckless driving without lights Proximate cause of death? Set in motion series of events – “directly connected with the resulting injury” Superseding cause? – to relieve D of liability Ignorance and Mistake Honest mistake of fact or law is defense when it negates a mental element of the crime. Mistake: defense negates formation of mental state. Defense of excuse. Ignorance of law is no excuse? Bar tender: looks at ID, date looks Case: Did D shoot friend by mistake? State v. Sexton (NJ 1999): murder, D’s alleged mistaken belief that gun was not loaded and whether state prove beyond reasonable doubt an essential element. References Samaha, Joel (2011, 2008). Criminal Law. USA: Wadsworth Cengage Publishing....
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