CRIMINAL LAW/PRO

Question 1

Due Process Application to Defendant’s Defense

Answer 1

Due Process Clause protects the accused against conviction except upon proof beyond reasonable doubt of every fact necessary to constitute the crime with which he is charged. In re Winship.

*Because of this, the defendant does not have any burden to prove his defense (ie. alibis).

Question 2

Theory of Continuing Trespass

Answer 2

One who takes another’s property, knowing it not his own, but intending to return it, commits a trespassory taking at that moment.

A trespassory taking continues until the taker does form such an intent (to permanently deprive the owner); at which point the crime of larceny completes.

Question 3

Factual Impossibility

Answer 3

Defense is universally rejected.

Impossibility is not a defense to attempt charges.

*Ask: “Had the facts matched what the actor/perpetrator reasonably believed they would be, would the crime have been committed?”