United States v. Bergman

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Elderly man argues for no custody time since he will not be a recidivist.

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State v. Hunter

Compulsion is not a defense to homicide charge unless charge is felony murder. Felony murder rule.

People v. Howard

Felony murder; accidental death during police chase is not felony muder; but murder can be committed without malice if the killing occurs during the commission of an inherently dangerous felony.

Clark v. Arizona

Mott Rule; mental illness short of insanity does not bear on mens rea according to Arizona state Mott Rule; court will not allow evidence of a mental disorder short of insanity as bearing on a defendant's capacity to form specific intent.

General Deterrence and Sentencing

United States v. Milken, individual deterrence, general deterrence, punishment, retribution, and rehabilitation, appropriate criminal sentence.

Criminal Laws on Homosexuality

Lawrence v. Texas, state laws criminalizing homosexual relations violate substantive due process.

Williams v. New York

Pre-sentence investigation, imposition of death sentence for murder in the first degree is not void under the Due Process Clause solely because trial court, before imposing sentence, considered additional information from probation department.

United States v. Thompson

Downward departure, under federal sentencing guidelines, courts may order a downward departure from the sentencing guidelines based on extraordinary family circumstances.

Felony in Felony Murder Must Not Be Integral Part Of The Homicide

People v. Smith; second-degree felony murder conviction cannot stand when in it is based on a felony that is an integral part of the homicide and the evidence produced by the prosecution shows it to be an offense included in fact within homicide.

Evidence of Intoxication Is Admissable Sometimes

United States v. Veach; Intoxication, whether voluntary or involuntary, may preclude the formation of specific intent and thus serve to negate the mens rea element of specific-intent crimes; field sobriety test.

Honest Services Fraud

United States v. Rybicki; To establish honest services fraud under 18 U.S.C. § 1346, the evidence must show (1) a scheme or artifice to defraud; (2) for depriving another ofhonest services...; bribery; conflict of interest; kickback; self-dealing behavior.

Breach of Duty

Jones v. United States; must establish a duty before breach of duty can support a criminal conviction.

Withdrawing From Complicity Requires Affirmative Act

State v. Formella; withrawal from consipiracy requires an affirmative act and communication to the other consipirators is helpful.

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United States v. Bergman

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