Glucksberg case brief

Case Brief STUDENT NAME Introduction to Law and the Legal System POL-123-CL03 Instructor: Beth Vivaldi Case Brief Case Title and Citation People v. Shaughnessy 319 N.Y.S. 2D 626 District Court, Nassua County, Third District March 16, 1971 Procedural History The defendant motioned for a mistrial on the grounds that the statute she was arrested under is unconstitutional. Since the court would find the statute Malum Prohibitum, Actus Reus was used as a basis for dismissal. Facts The defendant was a backseat passenger of a vehicle that was stopped by a watchman after proceeding onto the private property of the St. Ignatius Retreat Home. The defendant was under the understanding that the driver of the vehicle was headed for Christopher Morely Park, not the Retreat Home. The defendant was charged with trespassing on private property of the Incorporated Village of North Hills. The defendant motioned for a dismissal stating the statute she was arrested under is unconstitutional. The court decided the ordinance Malum Prohibitum and pursued Actus Reus as a basis for dismissal. The court ruled the defendant not guilty due to the inability to prove beyond a reasonable doubt, the defendant committed an overt voluntary act or omission to act. Issue Can the defendant be found guilty of a criminal offense if the court can not establish the four basic criminal offense components beyond a reasonable doubt? Ruling and Reasoning District Court Judge Lockman ruled in favor of the defendant and found her not guilty of the criminal offense. Judge Lockman questioned the primary elements, Actus Reus and Mens Rea, required for criminal accountability and responsibility within the scope of this case. Criminal responsibility can only attach if the defendant made a deliberate and voluntary act. In order for a criminal offense to be established, a deliberate act or a specific neglect to act must occur. An involuntary act is not criminal. The defendant was just a passenger of the vehicle and had no control of the situation presented in this case. The court ruled the defendant was only a passenger and the plaintiff failed to establish any act on the behalf of the defendant. Case Brief References Schubert, F. (2009). Introduction to law (custom). (9th ed.). Mason, OH: Cengage Should also have case cited here. This is to be in your own words – not to be extracted a lot from the case – that is why it is called a BRIEF. ...