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RICO is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. Following its enactment in 1970, there had been a disagreement in federal and state court decisions as to whether state courts had jurisdiction to decide claims filed under ...
United States v. Brawner, 471 F.2d 969 (D.C. Cir. 1972), [1] is decision by the United States Court of Appeals for the District of Columbia Circuit in which the Court held that a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect, he lacked substantial capacity either to appreciate the criminality of his conduct or conform his ...
Mistake of law has proved a successful defense. An example of a legally failed attempt is a person who shoots a tree stump; that person can not be prosecuted for attempted murder as there is no manifest intent to kill by shooting a stump. The underlying rationale is that attempting to do what is not a crime is not attempting to commit a crime. [5]
Hughes Anderson Bagley was indicted on 15 counts of violating federal narcotic and firearm statutes in the Western District of Washington in October 1977. In preparation for trial, to be held in December, Bagley's counsel filed a discovery motion that requested information on the witnesses the prosecution intended to call, their criminal records, and any promises made to them in exchange for ...
Case history; Prior: Cert. to the United States Court of Appeals for the Sixth Circuit Holding; Mere omission of any mention of intent from the criminal statute was not to be construed as the elimination of that element from the crimes denounced, and that where intent was an element of the crime charged, its existence was a question of fact to be determined by the jury.
Commonwealth v. Welansky, 316 Mass. 383, 55 N.E.2d 902 (1944), is a criminal case about the Cocoanut Grove fire that illustrates principles of negligent homicide and reckless homicide in the case where there is not an affirmative act, but a failure to act when there is a duty of care.
R v Zundel [1992] 2 S.C.R. 731 is a Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code that prohibited publication of false news on the basis that it violated the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms.
People v. Bland, 28 Cal. 4th 313 (2002), is a United States criminal case interpreting attempted murder. [1]: 678–80 The defendant fired multiple shots into a car with three people, killing the driver, and injuring the other two. [1] The evidence showed he intended to kill the driver, but did not specifically intend to kill the others. [1]