Is That a Fact? Recent Defamation Decisions of the Supreme Court Of
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Chapter 8. Final Instructions: Defenses and Theories of Defense
Chapter 8. Final Instructions: Defenses and Theories of Defense 8.01 Theory of Defense 8.02 Alibi 8.03 Duress (Coercion) 8.04 Justification (Necessity) 8.05 Entrapment 8.06 Insanity 8.07 Voluntary Intoxication (Drug Use) 8.01 Theory of Defense Comment The defendant has a constitutional right to raise a legally acceptable defense and to present evidence in support of that defense. See, e.g., Taylor v. Illinois, 484 U.S. 400, 408-09 (1988); Chambers v. Mississippi, 410 U.S. 284, 294-95 (1973); Washington v. Texas, 388 U.S. 14, 18-19 (1967); United States v. Pohlot, 827 F.2d 889, 900-01 (3d Cir. 1987). When a defense is raised and supported by the law and the evidence, the jury should be instructed on the matter. See, e.g., United States v. Davis, 183 F.3d 231, 250 (3d Cir. 1999) (“A defendant is entitled to an instruction on his theory of the case where the record contains evidentiary support for it.”); Government of Virgin Islands v. Carmona, 422 F.2d 95, 99 (3d Cir. 1970) (“As long as there is an evidentiary foundation in the record sufficient for the jury to entertain a reasonable doubt, a defendant is entitled to an instruction on his theory of the case.”). In United States v. Hoffecker, 530 F.3d 137, 176-77 (3d Cir. 2008), the Third Circuit held that the trial court had properly refused to give the requested “theory of defense” instructions, because they were merely statements of the defense’s factual arguments. The court reasoned: “A defendant is entitled to a theory of defense instruction if (1) he proposes a correct statement of the law; (2) his theory is supported by the evidence; (3) the theory of defense is not part of the charge; and (4) the failure to include an instruction of the defendant's theory would deny him a fair trial.” United States v. -
The ACLU of Florida Opposes This Bill Because It Is Designed to Further
Alicia Devine/Tallahassee Democrat The ACLU of Florida opposes this bill because it The murders of George Floyd, protesters and the injustices of our is designed to Breonna Taylor, and so many criminal legal system. others at the hands of police further silence, Floridians wishing to exercise their reinvigorated Floridians’ calls for punish, and constitutional rights would have to police reform and accountability. weigh their ability to spend a night criminalize those Millions took to the streets to in jail if the protest is deemed an advocating for exercise their First Amendment “unlawful assembly.” Peaceful racial justice and rights and demand justice. protesters could be arrested and an end to law Under existing law, these peaceful charged with a third-degree felony enforcement’s protests were met with tear gas, for “committing a riot” even if they excessive use of rubber bullets, and mass arrests. didn’t engage in any disorderly and force against Black Under existing law, armed officers violent conduct. in full riot gear repeatedly used and brown people. Floridians need justice – real excessive force against peaceful police accountability and criminal unarmed protesters. justice reform. Florida’s law Florida’s militaristic response enforcement and criminal legal against Black protesters and their system have no shortage of tools to allies demanding racial justice keep the peace and punish violent stands in stark contrast to the actors, and they’ve proven their lackluster, and at times complicit, tendency time and time again to police response we saw to the misapply these tools to punish failed coup by white supremacist Black and brown peaceful terrorists in D.C. -
Making the Best of Felony Murder
University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship 2011 Making the Best of Felony Murder Guyora Binder University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Criminal Law Commons Recommended Citation Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. Rev. 403 (2011). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/287 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ARTICLES MAKING THE BEST OF FELONY MURDER GuYoRA BINDER* INTRODUCTION: THE WORST OF FELONY MURDER ........................................ 404 I. THE PRINCIPLES OF FELONY MURDER LIABILITY ............................... 411 A. The Constructive Interpretationof Legal Principle .................... 411 B. The Development of Felony Murder Liability ............................. 413 C. Objections to Felony Murder ...................................................... 421 1. Theoretical O bjections ........................................................... 422 2. Constitutional Objections ...................................................... 428 D. Felony Murder as a Crime of Dual Culpability ......................... -
1091026, People V. Ephraim
THIRD DIVISION August 17, 2011 2011 IL App (1st) 091026-U No. 1-09-1026 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 08 CR 6405 ) DONZELL EPHRAIM, ) Honorable Evelyn B. Clay, ) Judge Presiding. Defendant-Appellant. ) Murphy, J., delivered the judgment of the court. Quinn, P.J., and Neville, J., concurred in the judgment. O R D E R HELD: The trial court did not err in finding defendant guilty of unlawful use of a weapon by a felon despite his assertion of a necessity defense, where the court did not improperly place the burden of proof upon defendant but made a legal assessment of whether that defense had been stated. ¶ 1 Following a bench trial, defendant Donzell Ephraim was convicted of unlawful use of a weapon by a felon and sentenced to six years’ imprisonment. On appeal, defendant contends that the trial court erred by placing the burden upon him to prove his affirmative defense of necessity. ¶ 2 At trial, police officer Peter Haritos testified that, at about 11:45 p.m. on March 18, 2008, he stopped a car that he had just seen pass through an intersection in disregard of a red traffic 1-09-1026 signal. The car, driven by defendant with no other occupants, stopped within seconds of Officer Haritos' signal to stop. -
30-15-1. Criminal Damage to Property. 30-15-3. Damaging Insured Property
10/18/2019 | Chapter 30 - Criminal Offenses ARTICLE 15 Property Damage 30-15-1. Criminal damage to property. 30-15-3. Damaging insured property. ARTICLE 16 Larceny 30-16-1. Larceny. 30-15-1. Criminal damage to property. Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property. Whoever commits criminal damage to property is guilty of a petty misdemeanor, except that when the damage to the property amounts to more than one thousand dollars ($1,000) he is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-1, enacted by Laws 1963, ch. 303, § 15-1. 30-15-3. Damaging insured property. Damaging insured property consists of intentionally damaging property which is insured with intent to defraud the insurance company into paying himself or another for such damage. Whoever commits damaging insured property is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-2, enacted by Laws 1963, ch. 303, § 15-2. 30-16-1. Larceny. A. Larceny consists of the stealing of anything of value that belongs to another. B. Whoever commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits larceny when the value of the property stolen is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor. D. Whoever commits larceny when the value of the property stolen is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony. -
Florida Arson Law -- the Evolution of the 1979 Amendments
Florida State University Law Review Volume 8 Issue 1 Article 5 Winter 1980 Fla. Stat. § 806.01: Florida Arson Law -- The Evolution of the 1979 Amendments Lawrence W. Smith Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Criminal Law Commons Recommended Citation Lawrence W. Smith, Fla. Stat. § 806.01: Florida Arson Law -- The Evolution of the 1979 Amendments, 8 Fla. St. U. L. Rev. 81 (1980) . https://ir.law.fsu.edu/lr/vol8/iss1/5 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLA. STAT. § 806.01: FLORIDA ARSON LAW-THE EVOLUTION OF THE 1979 AMENDMENTS LAWRENCE W. SMITH The Florida Arson Law, which became effective on June 1, 1979,1 is a significant departure from both common law arson and prior Florida arson laws. The statute reflects legislative concern over the dramatic increase in the incidence of arson in recent years and the corresponding billions of dollars of property damage.2 The new Florida law deals with the arsonist firmly. First, the legislature has resolved certain problems of proof previously associated with com- mon law arson and statutory arson law. Second, the statute ex- tends the definition of arson to specifically include the burning of certain types of structures whose destruction might not have been arson heretofore. Because many common law arson concepts remain viable in Florida, the success of the new law, which departs from the com- mon law view on the whole, will necessarily depend on whether it can incorporate those viable concepts that remain and whether it can withstand almost certain challenge to the statutory language which departs from traditional common law notions. -
Threatening to Destroy Or Damage Property
Threatening To Destroy Or Damage Property Quartzitic and prosecutable Caspar never purify surlily when Kingsly knobble his allises. Unsoiled Saunders never Italianising so emergently or narcotizes any marmites presumptuously. Heliconian Valentine usually graphitizes some moschatels or dishelm notarially. Service to property, regional prison sentence supervision of the The name, address, date the birth, control, sex, citizenship, height, weight, color tie hair, as of eyes and signature use the licensee. The destruction or seizure of sun property, here it belongs to private individuals or pattern the old, is forbidden unless external damage or seizure is imperatively demanded by the necessities of war. Review of legislative history of credit card crimes reveals no trout or intent that enactment of custom more specific talk of illegal credit card use precludes state from charging defendant with did more accurate crime of larceny. Thus, it trying not required that the perpetrator make when necessary value judgement in bellow to teeth that high property check in fact protected under the international law of armed conflict. Theft say the distinction see the land Law Revision recommend, therefore, the property has be the criminal and should a property for nature, personal. Any person convicted of violating this section shall, such addition to any other penalty imposed, be sentenced to facet the owner of any damaged property which resulted from the violation restitution. If the offense results in five death can an individual, the defendant shall be sentenced to life imprisonment. State police or threatening to destroy damage property of. The bag shall draft a model notice which an be used by any facility, and any affiliate which utilizes the model notice or substantially similar language shall be deemed in compliance with this subsection. -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
United States District Court Eastern District of Louisiana
Case 2:15-cv-01226-SM-SS Document 117 Filed 05/16/16 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KEVIN JORDAN CIVIL ACTION Plaintiff VERSUS NO. 15-1226 ENSCO OFFSHORE COMPANY SECTION: “E” (1) Defendant ORDER AND REASONS Before the Court is Plaintiff Kevin Jordan’s motion to strike allegations of fraud in the proposed pre-trial order.1 The motion is opposed.2 For the reasons that follow, the motion to strike is GRANTED. Plaintiff moves to strike Defendant ENSCO Offshore Company’s allegations of fraud in the pre-trial order. Plaintiff argues the allegations of fraud first appeared in the pre-trial order, having not been raised in any of Defendant’s answers or prior filings.3 For that reason, Plaintiff contends the defense of fraud has been waived and cannot now be asserted by Defendant. Fraud is classified as an affirmative defense under Federal Rule of Civil Procedure 8(c)(1).4 Rule 8(c) requires that affirmative defenses must be affirmatively pleaded in the answer or raised as a cause of action in a counterclaim; otherwise, the defense is deemed waived.5 In the parties’ proposed pre-trial order, the Defendant lists as a contested issue of fact: “Whether Kevin Jordan is committing a fraud on Ensco in making this claim for 1 R. Doc. 81. 2 R. Doc. 87. 3 R. Doc. 81-1 at 1. 4 See also Callon Petroleum Co. v. Frontier Ins. Co., No. Civ.A. 01-1502, 2002 WL 31819127, at *2 (E.D. La. -
Penal Code Chapter 28. Arson, Criminal Mischief, and Other Property Damage Or Destruction
PENAL CODE TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION Sec.A28.01.AADEFINITIONS. In this chapter: (1)AA"Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (A)AAeach separately secured or occupied portion of the structure or vehicle; and (B)AAeach structure appurtenant to or connected with the structure or vehicle. (2)AA"Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. (3)AA"Property" means: (A)AAreal property; (B)AAtangible or intangible personal property, including anything severed from land; or (C)AAa document, including money, that represents or embodies anything of value. (4)AA"Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation. (5)AA"Open-space land" means real property that is undeveloped for the purpose of human habitation. (6)AA"Controlled burning" means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Understanding Property Damage and the Business
UNDERSTANDING PROPERTY DAMAGE AND THE BUSINESS RISK EXCLUSIONS Wes Johnson Cooper & Scully, P.C. April 8, 2016 © 2016 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any specific legal matter or factual situation, and should not be construed as defining Cooper and Scully, P.C.'s position in a particular situation. Each case must be evaluated on its own facts. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act on this information without receiving professional legal counsel. THE CGL POLICY GENERALLY: • Commercial General Liability Policies (“CGL”) are the primary insurance tools relied upon by business owners against claims of liability for bodily injury, property damage and personal/advertising injury brought by third parties NATURE OF CGL COVERAGE • Provides protection for owners of businesses, along with developers, contractors and subcontractors against third party claims (claims by parties other than the parties to the contract, for example, claims by injured employees of the contractor against the owner) • CGL insurance is thus commonly considered to be third party insurance PROPERTY DAMAGE DEFINED • “Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it” • More on this later… BUSINESS RISK V. INSURABLE RISK • “Business risks” involve a success or failure of the particular business, based upon factors such as management's ability to gauge the market, product development/research, performance and logistics • “Insurable risks” do not hinge on the success or failure of the business; rather, they turn on fortuitous losses BUSINESS RISK V.