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34 Terms

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Martin v State (1944)
Conviction overturned; involuntary appearance in public negates actus reus.
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OLG Hamm (1976)
Instinctive reactions can be voluntary acts if foreseeable.
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State v Tippet (2002)
Prior fault negates automatism if the risk was foreseeable.
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People v. Decina (1956)
Driving with a known medical condition is negligence, not involuntary.
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OLG Zweibrücken (1982)
Drug possession requires intent and control, not just proximity.
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State v. Miranda (1998)
Omission liability for assault if a duty to act exists.
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Merging fires/swimmer drowning
The "but for" test struggles with multiple causes.
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Paul in the desert
Further illustrates "but for" causation issues.
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Leather Strap Case (1955)
Accepting a risk of death proves conditional intent (dolus eventualis).
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People v. Baker (2004)
Negligence does not equal depraved indifference murder.
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People v Lehnert (2007)
A "substantial step" proves attempt liability.
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Bärwurz Case (1997)
No attempted murder without direct endangerment.
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Pinkerton v US (1946)
Conspirators are liable for foreseeable acts of co-conspirators.
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Landser Case (2005)
Criminal organizations require structure and control, not just a conspiracy.
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Engel v Netherlands (1976)
Criminal offense status depends on nature and penalty, not just legal classification.
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Chicago v Morales (1999)
Vague laws violate legality by failing to define prohibited conduct.
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Dance of the Devils (1992)
Laws can be broad but must allow judicial interpretation.
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BVerfGE 83 (2008)
No analogy in criminal law; strict interpretation required.
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C.R. v UK (1995)
Evolution of law can be foreseeable and legal.
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Rogers v. Tennessee (2001)
Ex Post Facto Clause doesn’t apply to judicial rule changes.
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US v King (1976)
US law applies extraterritorially via the territoriality/nationality principle.
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US v Rodriguez (1960)
Extraterritoriality justified by national security concerns.
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Töben Case (2000)
Holocaust denial online prosecuted in Germany via territoriality/protective principle.
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Gregg v Georgia (1976)
Death penalty constitutional if applied fairly.
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Furman v. Georgia (1972)
Arbitrary death penalty application unconstitutional.
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Coker v Georgia (1977)
Death penalty disproportionate for non-homicide rape.
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Kennedy v. Louisiana (2008)
Death penalty unconstitutional for child rape if no death.
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Thompson (1988)/Roper (2005)
No death penalty for juveniles.
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Graham v Florida (2010)
No life without parole (LWOP) for juveniles in non-homicide cases.
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Miller v Alabama (2012)
No mandatory LWOP for juveniles; must consider mitigating factors.
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Atkins v. Virginia (2003)
Death penalty unconstitutional for intellectually disabled.
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A. v Norway (2018)
Prison conditions must respect fundamental rights.
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People v. Kibbe (1974)
Foreseeability establishes causation in homicide.
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Leather Spray Case (1990)
Failure to recall dangerous products establishes liability.