When Can “Outrageous Conduct” Apply as a Defense? III
The Mosely Court continues its discussion on outrageous conduct: B. The standard for outrageous conduct No federal court has defined the requirements of the outrageous conduct defense with any degree of precision.*fn4 Rather, the inquiry appears to revolve around the totality of the circumstances in any given case. See United States v. Bogart, 783 F.2d [...]
March 6th, 2009 by admin
What Have Modern Courts Said About Jury Nullification?
This Colorado Appellate Court reviews multiple jurisdictions on jury nullification and ends up avoiding the issue: [47] Defendant next asserts that a misstatement of the law made by the prosecutor during his summation and the court’s failure to correct that misstatement constitute reversible error. We disagree that reversal is required. [48] During his summation, defense [...]
March 6th, 2009 by admin
