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Class 7

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Class 7

Uploaded by

cab20n
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Criminal Law

Professor Banteka
State v.
Varszegi
• Elements of larceny in the 1st
degree?

• So what is the defense’s


claim?

• What does the court rule?

• What about the broader


maxim that “ignorance of
the law is no excuse”?

2
What do YOU think?

Who Has the Most


Morally Persuasive
Claim?

• Marrerro?
• Darab?
• Varszegi?

3
Strict
Liability

4
State v. Loge.
• Facts
• Issue
• What are differences b/w section 1, 2, and 3?

• What does “absolute liability” or ”strict


liability” mean?
– Is it fair? Purposes of punishment?

5
State v. T.R.D.
• Failure to register.

• Megan’s Laws.

• What is the mens rea


requirement in T.R.D.?

6
One Day
at the Mall
Victoria and her daughter were at a shopping mall and decided to have a look around
Cleere’s Boutique, a costume jewelry store that also provides the service of ear-piercing,
for a small fee. The protocol for ear-piercings includes having the customer sign an
informed consent form, and then both numbing and sterilizing the customer’s ear lobe
prior to piercing.

While admiring the earring selection, the store’s ear-piercer, Darla, approached Victoria
and observed, “Ooh, I see that you have a few extra piercings in your left ear! Why don’t
you wear more earrings?” Victoria replied, “Oh, my… I let those piercing close up years
ago.” Darla offered to use her piercing gun to re-open the piercings on Victoria’s left ear
lobe. Victoria’s daughter replied, “Ooh, ya, Mom – do it! That would be cool!” Victoria
laughed, replying, “Oh, you’d like that, eh?” While Victoria and her daughter continued to
discuss the matter, Darla went to the piercing station and picked up her piercing gun.

Meanwhile, the conversation between Victoria and her daughter had switched topics to
the family trip they would be taking to a water park the next day. Victoria’s daughter had
been pleading Victoria to agree to jump off the high tower at the water park, and Victoria
was finally agreeing to do it. “Okay, I’ll do it – but I’ve gotta get it over quickly or else I’ll
chicken out.” Darla overheard Victoria’s comment and assumed that Victoria was talking
about getting her ear pierced. As Victoria stood facing the other way, Darla quickly placed
the piercing gun on Victoria’s ear and pressed the trigger, piercing Victoria’s ear. Victoria
screamed, “Ouch! Why did you do that?!” Darla honestly replied, “I thought you asked
me to do it!”
Darla is charged with battery, as defined in the following statute:

“A person commits battery if he or she knowingly engages in any


offensive, insulting, or provoking direct physical contact with an
individual…”

Precedent interpreting this statute has established that the


consent of the individual is a defense to battery.

You are an Assistant District Attorney in the State of Outer Pacific,


the 51st State of the USA. Your boss, N. Tegrity, asks you to
evaluate the case and advise the District Attorney about whether
the government (1) could and, if so, (2) should prosecute Darla. In
reaching your conclusion, be sure to anticipate any defenses Darla
might raise and how a judge or jury would respond. Using the
assigned readings from this course as precedent, please make your
recommendation under a common law approach.
Victoria and her daughter were at a shopping mall and decided to have a look around
Cleere’s Boutique, a costume jewelry store that also provides the service of ear-piercing,
for a small fee. The protocol for ear-piercings includes having the customer sign an
informed consent form, and then both numbing and sterilizing the customer’s ear lobe
prior to piercing.

While admiring the earring selection, the store’s ear-piercer, Darla, approached Victoria
and observed, “Ooh, I see that you have a few extra piercings in your left ear! Why don’t
you wear more earrings?” Victoria replied, “Oh, my… I let those piercing close up years
ago.” Darla offered to use her piercing gun to re-open the piercings on Victoria’s left ear
lobe. Victoria’s daughter replied, “Ooh, ya, Mom – do it! That would be cool!” Victoria
laughed, replying, “Oh, you’d like that, eh?” While Victoria and her daughter continued to
discuss the matter, Darla went to the piercing station and picked up her piercing gun.

Meanwhile, the conversation between Victoria and her daughter had switched topics to
the family trip they would be taking to a water park the next day. Victoria’s daughter had
been pleading Victoria to agree to jump off the high tower at the water park, and Victoria
was finally agreeing to do it. “Okay, I’ll do it – but I’ve gotta get it over quickly or else I’ll
chicken out.” Darla overheard Victoria’s comment and assumed that Victoria was talking
about getting her ear pierced. As Victoria stood facing the other way, Darla quickly placed
the piercing gun on Victoria’s ear and pressed the trigger, piercing Victoria’s ear. Victoria
screamed, “Ouch! Why did you do that?!” Darla honestly replied, “I thought you asked
me to do it!”

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