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conduct is of that nature or such
circumstances exist, practically
certain result 3. Recklessly: consciously disregards
substantial and unjustifiable risk Case: Expose victims to HIV on
purpose? See the Discussion Board for full
coverage of this item. Review of Mental States Purpose Knowing Reckless Negligent Case: Did D “knowingly” assault with
See the textbook and prepare a case
2. Legal issues
3. Holding Case: Did D kill wife recklessly or
negligently? Koppersmith v. State (Ala.App. 1999):
murder of wife. Argument, wife fell off
porch, he “slung” her, head up and
down, slamming it, D didn’t know bricks
on ground, wife punched at him.
Testimony about his intent – not intent
to harm, hurt. Statute: manslaughter--recklessly cause
death of another v. criminally negligent
homicide– cause death by negligence Strict Liability Liability without fault: no
blameworthiness. Public health and
safety. Car manufacturers, food
safety, mining – industrial revolution.
Encourage safety, protect public
danger, disease, poisonous fumes,
Penalties are low – fines
Deterrent effect? Case: Open bottle law = Strict liability? State v. Loge (Minn. 2000): unlawful
for driver to keep open bottle in
vehicle. D testified been drinking, PO
found open bottle, passed field
sobriety. Court fo...
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This document was uploaded on 02/20/2014 for the course CJL 250 at Roosevelt.
- Spring '14