Unjustified Risk Taking

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People v. Moore; defendant's driving created a sufficiently high probability of death for a second-degree murder conviction; the defendant was subjectively aware of the risk from prior DWI (driving while intoxicated).

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Tison v. Arizona

Felony-murder rule; simpliciter. Reckless indifference to innocent life, shown by participating in the events leading up to and following a murder, makes the death sentence constitutionally permissible.

Atkins v. Virginia

Execution of mentally retarded person is unconstitutionally cruel and unusual punishment. deterence; retribution.

State v. Hunter

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

People v. Lubow

Proof of the crime of solicitation is complete upon proof of the communication; it does not require an overt act in furtherance nor does it even require proof of delivery of the solicitation to the intended target; criminal solicitation.

Attorney General for Jersey v. Holley

Provocation defense is akin to self defense; would a person having ordinary powers of self-control commit same crime as defendent given gravity of provocation? Evidence of the alcoholism or intoxication of defendant should not be considered.

People v. Wilhelm

Rape shield; evidence of victim's sexual conduct with a third party is irrelevant to the issue of whether she consented to sexual intercourse with the defendant; public, provocative displays may or may not be admissible in rape trials.

Juvenile Court Reasonable Doubt

In Re Winship, In juvenile court, guilt of criminal charges must be proven beyond a reasonable doubt.

Common Law Misdemeanors

Commonwealth v. Mochan, misdemeanors may arise under state common law, acts against the public morality, Lawrence v. Texas, homosexuality.

People v. Hall

Ski accident, Whether a risk of death is substantial and unjustifiable must be determined based on the circumstances of each case.

Bordenkircher v. Hayes

It is not a vindictive exercise of a prosecutor's discretion, and therefore not a violation of due process, to reindict a defendant on more serious charges if the defendant does not plead guilty to the original offense charged.

Uses or Carries Firearm in Drug Trafficing Crime

Muscarello v. United States; The word "carry," in ordinary sense includes carrying in car neither basic purpose nor legislative history 18 U.S.C. § 924(c)(1) supports circumscribing scope word "carry" by applying "on the person" limitation; lenity.

Taylor Overruled

People v. Superior Court; doctrine of "nonmutual collateral estoppe" should not be applied in criminal cases.

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Unjustified Risk Taking

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