ADMJ 103 Lecture Notes - Lecture 19: Theft, False Imprisonment, Prison Escape
21 Aug 2020
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Document Summary
Excessive punishment for the culpability. (e. g. fuller) Doesn"t deter b/c unintended acts cannot be deterred. Not retributive b/c not based on appropriate culpability. Will deter negligent and accidental killings by inducing felons to take care (baxter"s dissent in howard) Strict liability may deter the crime in the first place. Relieves the state"s burden of showing intent (howard) Inherently dangerous felonies (usually enumerated in the statute; but see howard) Independent felony and merger (usually enumerated felonies are independent) Inherently dangerous looks to the elements in the abstract. Whether the felony by its very nature cannot be committed without substantial risk someone will be killed. It is not judged according the particular facts of the case inherently dangerous according to howard. The felony by its very nature cannot be committed without substantial risk someone will be killed. Reckless or malicious possession of a destructive device. Possible to commit the felony without risk to human life.
