3. Mistakes 246-252(n.7) People v. Ryan State v. Lima Question: Is it fair to blame Ryan or Lima for violating the statutes at issue in their cases? • Were you a NY legislator, would you have supported amending the statute in Ryan? • What distinguishes the default rules under the MPC and ORC? mens rea • 261-271 United States v. Baker and MPC § 2.04(3) & (4) Hopkins v. State People v. Bray Cheek v. United States Note the order of the cases as listed above, which is the order for our in-class review. Questions: Why shouldn’t ignorance of the law be an excuse? • How would the case be resolved if MPC § 2.04 were applicable? Hopkins • How can we reconcile the decision in with the decisions in and Baker Bray Cheek? • 4. Capacity Handout # 2, 281-285 People v. Wetmore State v. Cameron Questions: Why should we ever permit voluntary intoxication to negate mens rea? • Since the court recognizes the of voluntary intoxication, Cameron • “defense” why did it affirm the conviction rather than remand the case for a new trial? C. Causation 289-298, 305-316 Regina v. Martin Dyos Commonwealth v. Rhoades Commonwealth v. Root Questions: Why should we care whether MD’s action actually caused death? • Which of the opinions in do you find more convincing? Why? Root • How and when should a victim’s own actions break the of causation”? • “chain
3. Mistakes 246-252(n.7) People v. Ryan State v. Lima Question: • Is it fair to blame Ryan or Lima for violating the statutes at issue in their cases? • Were you a NY legislator, would you have supported amending the statute in Ryan? • What distinguishes the default mens rea rules under the MPC and ORC? 261-271 United States v. Baker Hopkins v. State and MPC § 2.04(3) & (4) People v. Bray Cheek v. United States Note the order of the cases as listed above, which is the order for our in-class review. Questions: • Why shouldn’t ignorance of the law be an excuse? • How would the Hopkins case be resolved if MPC § 2.04 were applicable? • How can we reconcile the decision in Baker with the decisions in Bray and Cheek? 4. Capacity Handout # 2, 281-285 People v. Wetmore State v. Cameron Questions: • Why should we ever permit voluntary intoxication to negate mens rea? • Since the Cameron court recognizes the “defense” of voluntary intoxication, why did it affirm the conviction rather than remand the case for a new trial? C. Causation 289-298, 305-316 Regina v. Martin Dyos Commonwealth v. Rhoades Commonwealth v. Root Questions: • Why should we care whether MD’s action actually caused death? • Which of the opinions in Root do you find more convincing? Why? • How and when should a victim’s own actions break the “chain of causation”?
2018-syllabus.docx