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Aug 12, 2023 · Below is an outline of key cases in criminal law with links to the full text of virtually every case, provided free by Justia. Topics in Criminal Law 1 Due Process and the Scope of Criminal Laws
Aug 5, 2022 · CRIMINAL LAW CASES (2021-2022) Summaries of all Opinions (including Concurrences and Dissents) in argued and non-argument cases and Orders; certiorari grants for the upcoming Term; a chart of “Who Wrote What;” and a brief Overview of the Term, regarding all Criminal Law-and-related cases before the U.S. Supreme Court
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Dec 8, 2020 · In 2010, a U.S. Border Patrol Agent, Jesus Mesa, Jr., fired his service weapon across the border and killed a 15-year-old Mexican boy, Sergio Hernandez, who allegedly had been throwing rocks at the...
May 21, 2024 · The Journal of Criminal Law is a peer-reviewed, practical tool for students, lecturers and practitioners alike. It provides detailed analysis of what is happening in the courts-at every level from magistrates' court right up to the Supreme Court and the … | View full journal description.
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- Unlawful Act Manslaughter – Causation – Drug Dealers / Suppliers
- Duty of Care – Drugs Supply – Gross Negligence Manslaughter
- Sexual Offences – Consent – HIV Status
The defendant, Bree (B), visited his brother and went for an evening out with him and others, including the complainant (C). All present consumed considerable quantities of alcohol, before returning to B’s brother’s home. Whilst C’s memory from this point is poor, she recalls vomiting. Her next memory is of her and B having sexual intercourse. C co...
B appealed his conviction for rape under the Sexual Offences Act 2003, s.1. on the grounds that that at first instance the Court had not clarified to the jury that a person may still be capable of consenting under the Sexual Offences Act 2003, s.74, even where they were voluntarily heavily intoxicated.
The Court of Appeal upheld B’s appeal on two grounds. First, where a person loses their capacity to consent due to intoxication, they indeed cannot consent. However, it is possible that a person may be voluntarily heavily inebriated, and still have the capacity to consent. Secondly, the first instance Court failed to properly direct the jury as to ...
Kennedy prepared a syringe for the victim, who injected himself and died of an overdose. Following several earlier cases, Kennedy was convicted of unlawful act manslaughter. However, the reasoning ignored the problem of causation. Generally speaking, where a third party acts in a free, voluntary and informed way and causes the result, this will bre...
The victim was a drug addict. Her half sister obtained drugs from a dealer and supplied them to the victim. The victim overdosed and died. Evans was charged and convicted of gross negligence manslaughter. The Court of Appeal held that Evans owed a duty of care to the victim to seek help for her. The duty owed was to counteract the situation which E...
Whether a person is guilty of rape if he has consensual sex with another without disclosing HIV status – is consent vitiated? EB had sexual intercourse with the claimant. EB was HIV positive and failed to disclose this to the complainant. The question for the Court of Appeal was whether the apparent consent given by the complainant was ineffective ...
As of August 2021, the Court has granted review in 29 cases for the upcoming Term. By my broad definition, 12 of these are criminal or quasi-criminal (such as immigration cases). This is normal – roughly one-third of cases decided by the Court every year have some relationship to criminal law.
Aug 4, 2023 · CRIMINAL LAW CASES (2022-2023) Summaries of all Opinions (including Concurrences and Dissents) in argued and non-argument cases and Orders; certiorari grants for the upcoming Term; a chart of “Who Wrote What;” and a brief Overview of the Term, regarding all Criminal Law-and-related cases before the U.S. Supreme Court
