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criminal law

Cannibalism

Cannibalism is the nonconsensual consumption of another human's body matter. In the United States, there are no laws against cannibalism per se, but the act of cannibalism would probably violate laws against murder and against desecration of corpses.

Accessory after the fact

Definition

Someone who assists another 1) who has committed a felony, 2) after the person has committed the felony, 3) with knowledge that the person committed the felony, and 4) with the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for, inter alia, obstruction of justice.

Illustrative caselaw

See, e.g. Com. v. Dalton, 259 Va. 249 (2000).

See also

Uttering

Under common law, uttering is when a person offers as genuine a forged instrument with the intent to defraud.

Larceny by Trick

Under common law, larceny is the trespassory taking and carrying away of the personal property of another with the intent to steal. Larceny by trick is distinguishable in that a defendant who commits larceny by trick obtains only possession of the personal property of another, not title of that property. Also, the defendant who commits larceny by trick obtains possession of the property by intentionally making a false statement to the victim.

Pinkerton Liability

Pinkerton liability allows an actor to be held liable for substantive crimes committed by his coconspirators in certain circumstances. A defendant can be held vicariously liable for a substantive offense committed by another member of a conspiracy if: (1) the defendant was a party to the conspiracy; (2) the offense was “within the scope of the unlawful project“; (3) the offense was committed in furtherance of the conspiracy; and (4) the defendant could have reasonable foreseen the offense as a “necessary or natural consequence of the unlawful agreement.”
 

Invidious discrimination

Treating a class of persons unequally in a manner that is malicious, hostile, or damaging.

Samson v. California (04-9728)


Appealed from: Court of Appeal of California, First Appellate District

Oral argument: February 22, 2006

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