Criminal Law: Cases and Materials, Seventh Edition (Aspen Casebooks) by John Kaplan & Robert Weisberg & Guyora Binder

Author:John Kaplan & Robert Weisberg & Guyora Binder [Kaplan, John]
Language: eng
Format: epub
Tags: Law and Business
Publisher: Aspen Publishers (Wolters Kluwer Legal)
Published: 2012-07-25T04:00:00+00:00

Notes and Questions

1. Assuming the veracity of Abbott’s account, should his experiences in confinement have provided him with a defense in the killing of Richard Adan? If so, what defense? Justified defensive force from the standpoint of the “reasonable state-raised convict”? Insanity? A special excuse based on some sort of “state-raised-convict syndrome”? What about a mistake of law? Consider MPC §3.09:

(1) The justification afforded by Sections 3.04 to 3.07, inclusive, is unavailable when:

(A) the actor’s belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and

(B) his error is due to ignorance or mistake as to the provisions of the Code, any other provision of the criminal law or the law governing the legality of an arrest or search.

2. If Abbott was guilty of homicide, what grade would you assign to him? How should he have been punished? What purpose would reincarcerating him have served? Do you think Abbott was blameworthy? Deterrable? Likely to be incapacitated by prison? Rehabilitated?32

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.