Results 1 to 20 of 89 for casebook »  Criminal Law »  Kaplan, 6th Ed.
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Apprendi v. New Jersey

United States Supreme Court | 530 U.S. 466 (2000)

Any fact, other than a prior conviction, that increases the maximum penalty for a crime must be submitted to a jury and proven beyond a reasonable doubt by the prosecution.

Arthur Andersen LLP v. United States

United States Supreme Court | 544 U.S. 696 (2005)

To be guilty of obstructing justice under 18 U.S.C. § 1512(b), a defendant must have criminal intent.

Booth v. State

Court of Criminal Appeals of Oklahoma | 398 P.2d 863 (Okla. Crim. App. 1964)

Where stolen goods have been recovered by the owner or police, they are no longer considered stolen and a defendant subsequently cannot be guilty of receipt of stolen goods or attempted receipt of stolen goods.

Boro v. People

California Court of Appeal | 163 Cal. App. 3d 1224 (1985)

Consent induced by fraud is valid consent.

Brogan v. United States

United States Supreme Court | 522 U.S. 398 (1998)

There is not an exception to the federal false statements statute for an exculpatory no.

Bronston v. United States

United States Supreme Court | 409 U.S. 352 (1973)

A witness cannot be convicted of perjury based on testimony that is literally true, but unresponsive to a question asked.

Brown v. State

Supreme Court of Wisconsin | 106 N.W. 536 (Wis. 1906)

To uphold a rape claim, the victim must show utmost resistance to the sexual act alleged.

City of Chicago v. Morales

United States Supreme Court | 527 U.S. 41 (1999)

An ordinance violates the Due Process Clause of the Fourteenth Amendment if it is so vague that it fails to provide sufficient notice to citizens regarding the type of conduct prohibited and fails to provide adequate guidelines for law enforcement officers.

Commonwealth v. Fischer

Superior Court of Pennsylvania | 721 A.2d 1111 (Pa. Super. 1998)

A defendant in a rape charge is not entitled to a jury instruction charging the jury to find him not guilty if they find that he reasonably, although mistakenly, believed that the victim had consented.

Commonwealth v. Mitchneck

Superior Court of Pennsylvania | 198 A. 463 (Pa. Super. 1938)

A debtor cannot be charged with fraudulent conversion for failure to pay a debt.

Commonwealth v. Mlinarich

Supreme Court of Pennsylvania | 542 A.2d 1335 (Pa. 1988)

If an alleged rape victim is left with a voluntary choice of whether or not to engage in sexual acts, even if the alternative is repugnant, a rape charge cannot be sustained.

Commonwealth v. Rhoades

Supreme Judicial Court of Massachusetts | 401 N.E.2d 342 (1980)

A defendant’s act is not the proximate cause of a death unless it produces the death through a natural and continuous sequence of events.

Commonwealth v. Twitchell

Supreme Judicial Court of Massachusetts | 617 N.E.2d 609 (1993)

A defendant in a criminal case is entitled to raise an affirmative defense that he relied on an official statement incorrectly interpreting a statute issued by a government official responsible for enforcing the statute.

Commonwealth v. Welansky

Massachusetts Supreme Judicial Court | 55 N.E.2d 902 (1944)

A defendant may be found guilty of involuntary manslaughter if his intentional failure to take such safety measures to protect visitors to his business in disregard of the probable harmful consequences, results in deaths of the patrons or employees.

Durland v. United States

United States Supreme Court | 161 U.S. 306 (1896)

To violate the federal mail fraud statute, it is not necessary that the intent to defraud be comprised of a representation of existing fact.

Francis v. Franklin

United States Supreme Court | 471 U.S. 307 (1985)

A jury instruction that creates a mandatory rebuttable presumption of a defendant’s criminal intent violates the Due Process Clause of the Fourteenth Amendment.

Griffin v. State

Supreme Court of Arkansas | 455 S.W.2d 882 (Ark. 1970)

The agreement element of a charge of conspiracy may be inferred and satisfied by circumstantial evidence.

Hendershott v. People

Supreme Court of Colorado | 653 P.2d 385 (1982)

The defendant in a criminal trial has a due process right to present evidence of mental impairment as proof that he lacked the mens rea required for the offense.

Hubbard v. Commonwealth

Court of Appeals of Kentucky | 202 S.W. 2d 634 (1947)

A defendant is not guilty of homicide for an indirect act when the victim would not have died in the absence of an intervening event for which the defendant was not responsible.

In the Interest of M.T.S.

New Jersey Supreme Court | 609 A.2d 1266 (N.J. 1992)

A rape charge may be sustained if the victim does not affirmatively express consent.

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