Loading presentation...
Prezi is an interactive zooming presentation

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Class7MensReaRobinsonTiptonCollins

No description
by

Thaddeus Hoffmeister

on 25 January 2017

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Class7MensReaRobinsonTiptonCollins

Class7MensReaRobinsonCollinsTipton
Mens Rea
A guilty mind
A guilty or wrongful purpose
Any morally blameworthy state of mind

CL
Specific Intent
General Intent
Malice
Strict Liability

ORC
Purposely
Knowingly
Negligently
Recklessly
Strict Liability

State v. Collins
Collins
Justice Stratton: Wants the OH SCT to consider public policy and legislative intent.

She says that courts have imposed strict liability (1) when the statute was silent as to applicable mental state and (2) when there was the absence of a specific statement of mens rea.

Unlike the examples cited by the majority, there is no innocent explanation for failure to pay child support

The Ohio legislature has already distinguished between ORC 2919.21(A) and ORC 2919.21(B)
State v. Robinson
FACTS: Ds Robinson and Logan arrive at the One Way and a mob quickly convenes around Robinson's car. At this time, Logan was punched. He subsequently fired shots toward a crowd of people. Robinson then fired towards the back of the car. After the second shots were fired, Bubbles was killed. The car then sped off.

PRO: Agg. murder, murder x 2, felonious assault x x 6, discharge of firearm near prohibited premises. D not guilty of murder.
Justice Stratton

Looks at the plain language of the statute

"No person shall" indicates the General Assembly's intent to impose strict liability

Statute designed to protect the health, safety and welfare

Public policy supports a strict liability interpretation
Collins
Issue: Did the D act knowingly?

Holding: Yes

Analysis: D acts knowingly, regardless of purpose, when he is aware that his conduct will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exist.

A firearm is an inherently dangerous instrumentality use of which is reasonably likely to produce serious injury or death.
COA: The legislature did not set forth a mental element or plainly indicate a purpose to impose strict liability. Thus, the state had the burden to prove recklessly.

OH SCT: Absent a mental element or intentional conduct, there must be a plain indication by the legislature to impose strict liability.



Driving directly at V and killing V

Driving directly at V who is standing by B

Driving a car at a crowd in order to hit the V

Driving at 90mph in Downton Dayton and hitting V

Driving 5-10 mph over the speed limit during a rain storm and hitting V


Robinson
FACTS: Appellant executes a wage assignment in 1990. Lump sum judgment of $137,000 entered against Appellant in 1994. No payments received from 1991-1997.

ISSUE: What is the applicable mens rea for 2919.21(B)?

No person shall abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person is legally obligated to support.

HOLDING: Recklessness
Collins
State v. Tipton
FACTS: D killed another person when his vehicle crossed left of center and caused the death of another.

ISSUE: Did the prosecution establish that the D was negligent?

HOLDING: Yes

D argues that the Gov't must prove a lapse of substantial due care and that he only committed an ordinary lapse of due care.


Tipton
Court agrees with the D that there is a difference between "ordinary lapse of due care" and "substantial lapse of due care" and that the government must prove the latter for a conviction.

Court says that while "ordinary" and "substantial" are different words and have different definitions they are not degrees of negligence. These words modify "lapse from due care" not "negligence."
Tipton
Court says that "negligence is something more than denominated either by due care or ordinary lapse from due care. That something more is called a substantial lapse from due care, or negligence for purposes of the Ohio criminal law."

Court says that "negligence consists of a lapse from due care that is no longer customary, usual or normal" but rather "of moment, important, essential, or material"

Court says that "some negligence," "ordinary negligence," etc. "are all negligence under the Ohio criminal law, there being no varying degrees of negligence within the definition."
Tipton
The court basically redefines "negligence" to equate to "substantial lapse from due care"
Full transcript