Week 3 Criminal Law

Review of mental states purpose knowing reckless

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: at his 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 knife? See the textbook and prepare a case summary: 1. Facts 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, products. 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...
View Full Document

This document was uploaded on 02/20/2014 for the course CJL 250 at Roosevelt.

Ask a homework question - tutors are online