Case Law

Here’s a summarized list of the case laws from your document, with a brief sentence on how each could be applied in a similar case scenario—perfect for quick exam prep:

Theories of Punishment

• United States v. Blarek (1998) – Use this case to argue sentencing based on rehabilitation rather than pure retribution for non-violent drug offenders.

• Payne v. Tennessee (1991) – Applies when justifying the use of victim impact statements during sentencing to highlight the harm caused.

• Gregg v. Georgia (1976) – Refer to this when supporting the constitutionality of the death penalty under guided discretion.

• BVerfGE 45, 187 (1977) – Use for arguing that life imprisonment must respect human dignity under constitutional human rights principles.

Principle of Legality

• Rogers v. Tennessee (2001) – Cited when challenging retroactive application of criminal laws, emphasizing fair notice to defendants.

Actus Reus

• State v. Tippetts (2002) – Use in cases discussing omissions and legal duty to act in criminal liability.

• OLG Zweibrücken (1982) – Applies when the voluntary nature of a physical act is questioned under actus reus.

• State v. Miranda (1998) – Relevant for distinguishing between voluntary and involuntary acts, especially in intoxication contexts.

• Martin v. State (1944) – Use to argue that being involuntarily brought to a location (e.g., public) negates actus reus for crimes like public intoxication.

Mens Rea

• People v. Baker (2004) – Use to analyze awareness or recklessness in negligence-based crimes (e.g., leaving a child in a car).

• Leather Strap Case (1955) – Applies when distinguishing between negligence and intent in accidental death or injury cases.

Causation

• People v. Kibbe (1974) – Refer to in analyzing proximate cause and foreseeability when actions lead to death.

• Leather Spray Case (1990) – Use in product liability or harm-from-use cases where indirect causation is questioned.

Inchoate Offences

• People v. Lehnert (2007) – Applies to conspiracy and whether substantial steps toward a crime were taken.

• Barwurz Case (1997) – Use in attempt cases where the line between preparation and execution is contested.

• Pinkerton v. United States (1946) – Relevant in conspiracy cases where all conspirators are liable for foreseeable acts.

• Landser Case (2005) – Use when discussing incitement or conspiracy through media or expression.

Forms of Participation

• State v. Tally (1894) – Use to show how aiding or abetting, even without direct interaction, can establish accomplice liability.

• BGHSt 11, 268 (1958) – Applies to cases analyzing whether participation was significant enough to warrant criminal liability.

Defences

• People v. Craig (1991) – Use in necessity defense situations where unlawful actions are taken to prevent greater harm.

• BGHSt 49, 166 (2004) – Applies when analyzing whether consent can be a valid defense (e.g., in assault or risky activities).

• BGH NStZ 1987, 172 (1986) – Use in cases requiring assessment of proportionality and immediacy in self-defense.

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