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Criminal Law > Guilty Mind + Environ Crimes > Flashcards

Guilty Mind + Environ Crimes Flashcards

1
Q

Balint facts

A

B found guilty for distributing medical opiate derivatives without right paperwork. Claimed didn’t know drugs covered under Narcotics Act

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2
Q

Balint statute

A

unlawful for any person to sell, give away any of the aforesaid drugs except in pursuance of a written order

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3
Q

Balint holding

A

B did not need to know he was violating the law

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4
Q

Balint reasoning

A

(1) statute didn’t have mens rea so Court applied SL
(2) in pursuance of public policy, specific acts don’t require knowledge element
(3) if in the drug selling business should look up law and make sure you are complying

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5
Q

Freed facts

A

F had unregistered hand grenades. Said no proof he knew unregistered

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6
Q

Freed statute

A

Unlawful to possess a firearm not registered to him

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7
Q

Freed holding

A

It is a general intent crime and therefore ignorance of the law no excuse

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8
Q

Freed reasoning

A

(1) doesn’t matter if he didn’t know they were unregistered all that is relevant is that he intended to take possession of the hand grenades
(2) Regulatory measure to promote public welfare
(3) possessing dangerous object should put someone on notice that they might commit a crime due to an error
(4) mens rea required in specific intent crimes but not in general intent

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9
Q

How is Freed different from Morissette

A

stealing common law crime NOT public welfare offense

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10
Q

Problem with Freed

A

CA prohibits hand grenade regardless of registration so is forcing him to register forcing to self-incriminate violating the 5A?

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11
Q

Morissette Factors for Public Welfare Offense

A

(1) seeks to protect public health, safety and welfare
(2) punish negligence/omissions
(3) addresses risk of injury vs. actual injury
(4) whether penalties big vs. small
(5) whether stigma attached to conviction
(6) whether law creates new crime or adopts CL crime

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12
Q

Public welfare offense is a ____ so should still ___

A

narrow carveout, presume mens rea

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13
Q

If law criminalizing something bad in itself, it probably ___

A

requires mens rea

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14
Q

If law punishes omissions/negligence, it is likely a ___

A

strict liability crime

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15
Q

If law addresses the risk of injury, probably a ___

A

strict liability

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16
Q

If penalties are ___ more likely to be SL

A

small

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17
Q

IMCC facts

A

IMCC transports acid around US but do not document it properly

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18
Q

IMCC Statute

A

whoever knowingly violates a regulation for safe transportation can be imprisoned

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19
Q

IMCC statute says each shipper offering for transportation any hazardous material shall ___

A

describe that article on the shipping paper

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20
Q

IMCC holding

A

Can be convicted of violating this law without knowing it exists

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21
Q

IMCC reasoning

A

Knowingly requires knowledge of circumstances leading to violating but NOT knowledge of law itself

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22
Q

Why does IMCC not require knowledge of law itself

A

(1) if you know you left out the info good enough don’t need to know doing so is illegal
(2) knowingly shipped acids without documentation
(3) should be on notice of regulations for dangerous materials

23
Q

Staples facts

A

S owns semi automatic but it was modified it into an automatic weapon. No evidence he modified it himself, but he didn’t register it.

24
Q

Staples holding

A

Must presume mens rea requirement –> Govt must prove he knew the gun has the features that make registration necessary

25
Q

Staples reasoning

A

(1) fed criminal statutes require mens rea even when they don’t explicitly state it
(2) Otherwise if SL need to have clear congressional support
(3) normally SL lower penalties but here 10 years
(4) Having guns ordinary American activity so shouldn’t have SL for seemingly innocent activity

26
Q

Staples criticism

A

Everyone knows regulations on rifles so could’ve argued person on notice

27
Q

Mens rea checklist 1

A

What are elements of the crime? Conduct or result crime? Attendant circumstances

28
Q

Mens rea checklist 2

A

Where is the ambiguity? What are the possible readings of the statute attaching mental state to each element? (Presume recklessness)

29
Q

Mens rea checklist 3

A

Did Cong. intend strict liability? (Apply Morissette factors)

30
Q

Mens rea checklist 4

A

Who and what does each reading criminalize? Does this reading criminalize innocent conduct/people?
Keep readings that convict non-innocent

31
Q

Prosecution Friendly reading for knowingly

A

Moncini, Hamling

32
Q

Prosecution Friendly reading for no mens rea supplied

A

Dean, PNT

33
Q

Prosecution Friendly reading for mistake of law defense

A

Moncini

34
Q

Prosecution Friendly reading for willfully

A

Bryan

35
Q

Prosecution Friendly reading for public welfare offenses

A

Balint, Freed, IMCC

36
Q

Defendant-friendly reading for knowingly

A

X Citement, Liparota

37
Q

Defendant-friendly reading for no mens rea supplied

A

Elonis (subjective intent required)

38
Q

Defendant-friendly reading for mistake of law defense

A

Lambert, Liparota

39
Q

Defendant-friendly reading for willfully

A

Ratzlaf, Cheek

40
Q

Defendant-friendly reading for public welfare crimes

A

Staples

41
Q

Weitzenhoff facts

A

Ds pumped sludge directly into the ocean (in excess of permit allotment)

42
Q

Weitzenhoff statute

A

Felony to knowingly violate [CWA] or any permit condition

43
Q

Weitzenhoff holding

A

conviction affirmed –> as long as Ds knew they were polluting that was enough

44
Q

Weitzenhoff reasoning

A

(1) knowingly refers just to knowing they were doing the action (not they know CWA section violating)
(2) dumping of sewage precisely type of activity that puts discharger on notice that his acts may pose a public danger

45
Q

Weitzenhoff dissent

A

Dilutes traditional requirement of criminal state of mind and reduces moral authority crim law
Prison shouldn’t be use to achieve social goals regardless of moral innocence

46
Q

Hanousek facts

A

H manager in a railroad company. A contractor working under him failed to properly protect the pipeline and oil discharged into the river. Charged with negligently discharging harmful quantity of oil into water under CWA

47
Q

Hanousek holding

A

A public welfare statute may subject a person to criminal liability for ordinary negligence (vs. criminal negligence) without violating due process

48
Q

Hanousek reasoning

A

(1) CWA doesn’t define negligence so use ordinary meaning of negligence
(2) public welfare offenses meant to protect public from harmful items and criminalize conduct that a reasonable person should know is subject to strict regulation

49
Q

Hanousek dissent

A

CWA shouldnt be PWO because large penalty (1-2 years prison, 5-50K) + opens up heightened criminal liability to a broad range of ordinary commercial activities

50
Q

Hong facts

A

Avion violated discharge permit by discharging untreated waste water directly into the sewer system. H charged as responsible corporate officer

51
Q

Hong statute

A

Any person who negligently violates pretreatment requirements (includes any responsible corporate officers)

52
Q

Hong holding

A

H was a responsible corporate officer

53
Q

Hong reasoning

A

doesn’t need to have caused the violating through wrongful action, he caused it through substantially controlling corporate operations

54
Q
A

Criminal Law (10 decks)

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