CRM/LAW C144 Chapter Notes - Chapter SMALLWOOD V STATE: Condom, Safe Sex, Retrovirus
21 Jun 2017
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Underlying facts, the actual crime that took place. In faya v. almaraz (1993: described hiv as a retrovirus that attacks the human immune system, weakening it and ultimately destroying the body"s capacity to ward off disease. Attempted murder and assault with intent to murder. Must determine what legal inferences may be drawn when an individual infected with the hiv virus knowingly exposes another to the risk of hiv infection, and the resulting risk of death by aids. An intent to kill may be proved by circumstantial evidence: the trier of fact may infer the existence of the required intent from surrounding circumstances such as the accused acts, conducts, and words [state v. raines, Raines and a friend were traveling on a highway when the defendant fired a pistol into the driver"s side window of a tractor trailer in an adjacent lane. The shot killed the driver of the tractor trailer, and raines was convicted of first-degree murder.
