Irresistible Impulse – If a person, due to mental disease or defect, has an uncontrollable urge to commit---and does commit---a criminal act, that person is not criminally responsible**CASE WHERE Mrs. Andrea Yates murdered her five children and based her insanity defense on Post-Partum Psychosis-she called after she did it SEPERATON OF POWERS/CHECKS & BALANCES:1. legislative: makes laws (congress/sate legislature)2. executive- enforces/administers law (governor/admin agencies/president)3. judicial- interprets laws (courts-judges)**each of these are distinct/separate parts of our gov AKA coequal**this power = shifting (depends on time looking at it) ex) legislature has most power when passing budgetscases - US vs.nixon (water gate scandal;: ppl broke into headquarters in Watergate building – suspicion that president had known/approved—wanted tapes but pres said had executive privileges and they’re equal and can’t have them nixon lost/resigned) AKA judicial had upper hand of power over executive Clinton vs. jones (file lawsuit but doesn’t wanna engage in litigation till after president butwanted a deposition to be reserved) Bush v. gore (fl vote dispute for a recount – supreme court decided)CONSTITUTIONAL JUDICIAL REVIEW = determining whether laws/actions violate the constitution & JUDICIAL REVIEW= interpreting (determining the meaning) lawsEx) guy wanted off jury duty cus “mother & father” --- impermissible sex discrim so got it offINTERSTATE COMMERCE= commerce b/w 2+ states*between-the commerce clause “power to reg comm w foreign nations and among sev states…”(congress deals with it)EX OF BOTH: -wickard vs. filburn (acreage allotments with farmers)Intrastate/intracounty/intrafarmSo long ago, but still cited td -heart of Atlanta motel vs us (want them to desegregate)INTRASATE COMMERCE= commerce within a state *within(state deals with it)FEDERAL/STATE REG OF COMMERCE-exclusively federal*any attempted state reg is unconstitutional under the commerce and supremacy clausesEx) only federal can reg bankruptcy/making coins or cash/post offices/declare war-poss dual reg (federal & local)*preempted by fed (exclusively federal) ex = aviation agencies to regulate air travel*can preempt any state or local laws want to (kinda like to claim dibs so doesn’t get messy)*”not-preempted” =going to make a law but don’t wanna be the only ones making it – allow/wantstate to too**2B #1- garnishment = legal proceeding brought by a creditor in which court orders a % of wages be deducted and sent to creditor in periodic increments – max = 25% wages (federal law) but for ex fl made a law as well (garnishment not permitted when employee is head of a family) -irreconcilable conflict of garnishment = if texas says max = 45% wages**2B #2- don’t wanna interfere with interstate in favor of intrastateex) in state (pay taxtes)/out of state tuition**2B #3- must not impose an undo (unreasonable) burden on interstate commerceex) # of cars allowed on trains when traveling across states –removed as law but one that HASN’T been removed = weigh station (diff weights for diff roads so they don’t crack)-exclusively local **3A: police power (laws must relate to health/welfare/morals) so obv meet criteria**4: commerce clause/taxation: nexus & “fair apportionment” ex) braniff casecan you tax interstate if fly across states /fdraszGUIDELINES FOR INTERPRETING CONSTITUTIONAL RIGHTS1. aren’t absolutes (bill of rights amendment 1: shall make no law abridging freedom of speech/press aka cannot limit your speech) but have limitations for example cant scream fire if there is no fire/treason/lying under oath (bill of rights amendment 4: right of peopleto be secure against unreasonable searches/seizures) ex = how stroz used to check to see if stealing before left library BUT airport searches are reasonable * a lot of line drawing which judges/juries decide 2. involve a weighing process between competing policies3. are variable from time to time (what was constitution bf may not be td-- segregation)4. protect the minority from the majority 14TH AMMENDMANT= cannot deprive any person of life, liberty or property without due process and equal jurisdiction due process clause: 1) fundamental fairness is required (have to have notice of laws) 2) notice & hearing required (ordinance- unlawful for 3+ to congregate on a city street in a manner annoying to others) – how were they supposed to know what “annoying” means equal protection clause: 1) invidious discrimination is illegal 2) rational-basis test discrimination is legal (ex aall the things 18 year olds cant do)AKA some discrimination is allowed but other kinds aren’t allowed CIVIL VS CRIMINAL(r-regina queen vs. jones)Civil:-wrong against individual/group-plantiff vs. defendant-lawsuit-burden of proof: by preponderance of the evidenceplantiff loses if 50-50 cus must be > 50-issue: liabilityusually its to pay $-penalty: $Criminal:-wrong against society-state vs. defendant-prosecution-burden of proof: beyond a reasonable doubtaka 90% sure-issue: guilt/innocence not about $-penalty: fine/jail/death**FL = #4 for criminal**proposed instruction of reasonable doubt = rewritten reasonable doubt so can understand BUT supreme court didn’t approve re-written one so avoid argument of people in jail appealingELEMENTS OF A CRIME:1. mens rea- criminal intent: “mind-reading” law says if commit criminal act the presumes you had intent to; admit did act but argue didn’t have intent toDEFENSES:-insanity= m’nagnten rule (right-wrong test) if person due to mental illness cant determine right from wrong, not responsible; irresistible impulse- if mental has uncontrollable urge then not responsible ex = kleptomaniac**get doctors to testify**if find not guilty due to insanity may be involuntarily committed if the defendant has a mental illness & is manifesting danger to themselves/to others-accident = didn’t mean to but did commitex) didn’t mean to pull trigger-mistake = mean to do it think self defense but make mistakeex) mean to pull trigger-self defense = admit did the act but did it in self defense cus in danger-duress= forcing someone to commit cril act ( coercion) ex = gun to your head in a ccar-age = do you know the concept of right and wrong; what’s the age that your incapable of telling difference ex) 10 years old *cant be too old but #1 defense
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