Reference no: EM133778188
Assignment: Criminal Justice
Read Kadish Chapter 3 D pages 248 to 284 in the 11th edition, or pages 205 to 242 in the 10th. Provide short answers to following questions. Submit your answers on Canvas. These questions track up to the case of Pope v. State. Later thought questions will be posted for you on the bystander, good Samaritan, and possession issues. These cases and legal principles in this chapter are difficult (and sometimes troubling). If you are still having a problem with case comprehension that is perfectly normal at this point. We will discuss these cases in class and work on building more of our legal understanding.
Actus Reus Study Questions (20 points):
A. What were the facts of Martin v. State? Why did the court reverse his conviction?
B. What happened in People v. Low? How did the California Supreme Court distinguish this case from Martin?
C. Why did the California Court of Appeal overturn Huey Newton's conviction for the murder of officer John Frey? How did the court define "unconsciousness"?
D. The textbook also described the "Cogdon case". It is a disturbing English case in which a mother killed her daughter with an axe. Why was Mrs. Cogdon acquitted of the charge?
E. In People v. Decina, the defendant was charged with negligent homicide. The court said it was not punishing Decina for having a seizure. According to the court, what was the negligent conduct?
F. Another disturbing case in the textbook is Jones v. United States which involved the death of a 10-month-old child. The case is an example of when someone can be punished for an omission rather than an action (punished for failing to act). In Jones, what are at the four circumstances that create a legal duty to act? Why did the court of appeals overturn the conviction of the defendant?