CRM/LAW C144 Chapter Notes - Chapter BERRY, LECLAIR, GOUNAGIAS, and BORDEAUX: Allday, Rational Basis Review

• School: UC-Irvine
• Department: Criminology, Law and Society
• Course: CRM/LAW C144
• Professor: Meeker

Document Summary

Underlying facts, the actual crime that took place: the provoked defendant waited for his victim in her apartment for 20 hours before killing her. Underlying facts, the actual crime that took place: man had for several weeks suspected his wife of infidelity and upon suddenly confirming his suspicions, he strangled her in a rage. Decision below: court held that his prior suspicions provided adequate cooling time, and therefore no manslaughter instructions were required. Decision below: court held that the legally sufficient provoking effect had occurred two weeks before the killing and that the interval constituted adequate cooling time as a matter of law. Rule of law: u(cid:374)(cid:449)illi(cid:374)g to allo(cid:449) (cid:862)(cid:396)eki(cid:374)dli(cid:374)g(cid:863) of p(cid:396)io(cid:396) p(cid:396)o(cid:448)o(cid:272)atio(cid:374) Underlying facts, the actual crime that took place: defendant was told, during the course of an all-day drinking party, that shelby white. Decision below: t(cid:396)ial judge"s (cid:396)efusal to i(cid:374)st(cid:396)u(cid:272)t the ju(cid:396)(cid:455) o(cid:374) (cid:448)olu(cid:374)ta(cid:396)(cid:455) manslaughter, conviction of murder. Appellate decision confirm or reverse conviction: court of appeals upheld.