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Model Penal Code Test - Judgment Search Results

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Jun 22 1964 (FN)

Jacobellis Vs. Ohio

Court: US Supreme Court

..... description or representation of such matters this was a requirement of the model penal code test that we approved in roth 354 u s at 354 u ..... 800 383 p 2d 152 1963 footnote 8 american law institute model penal code proposed official draft may 4 1962 251 4 1 material is ..... supra 45 minn l rev at 108 112 american law institute model penal code tentative draft no 6 may 6 1957 at 45 proposed official .....

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May 18 1992 (FN)

Foucha Vs. Louisiana

Court: US Supreme Court

..... 1 lafave scott 4 1 at 427 428 others have adopted a test proposed as part of the model penal code see ibid and still 98 others have abolished the defense altogether see idaho ..... justice justice thomas relies heavily on the american law institute s all model penal code and commentary however his reliance on the model code is misplaced and his quotation from the commentary is importantly incomplete .....

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Jul 02 1976 (FN)

Gregg Vs. Georgia

Court: US Supreme Court

..... testing the marshall hypothesis 1976 wis l rev 171 footnote 4 2 see e g t sellin the death penalty a report for the model penal code ..... been made is the best answer the drafters of the model penal code concluded if a unitary proceeding is used the determination ..... punishment 1949 1953 cmd 8932 595 footnote 44 the model penal code proposes the following standards 3 aggravating circumstances a the murder .....

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Jun 24 1957 (FN)

Roth Vs. United States

Court: US Supreme Court

..... superimposes on these two statutory definitions a third drawn from the american law institute s model penal code tentative draft no 6 a thing is obscene if considered as a whole its predominant ..... courts adopted this standard footnote 25 but later decisions have rejected it and substituted this test whether to the average person applying contemporary community standards the dominant theme of the .....

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Mar 21 1966 (FN)

Ginzburg Vs. United States

Court: US Supreme Court

..... that publication footnote 12 schwartz morals offenses and the model penal code 63 col l rev 669 677 1963 footnote ..... 14 the proposed official draft of the ali model penal code likewise recognizes the question of pandering as relevant ..... test cf dombrowski v pfister 380 u s 479 380 u s 486 487 380 u s 491 492 such behavior is central to the objectives of criminal obscenity laws ali model penal code .....

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Dec 10 1996 (FN)

Kansas Vs. Hendricks

Court: US Supreme Court

..... the insights of mental health professionals into workable legal rules see also american law institute model penal code 4 01 insanity defense in part rests on inability to conform conduct to the ..... requirements of law a goldstein the insanity defense 67 79 1967 describing irresistible impulse test third hendricks mental abnormality also makes him dangerous hendricks has been convicted of a .....

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Jun 29 2006 (FN)

Clark Vs. Arizona

Court: US Supreme Court

..... in place an amalgam of the volitional incapacity test and some variant of the moral incapacity test satisfaction of either generally ..... naghten s cognitive incapacity test footnote 13 and 10 including arizona have adopted the moral incapacity test alone footnote 14 fourteen jurisdictions inspired by the model penal code footnote 15 have .....

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Jun 25 1962 (FN)

Manual Enterprises, Inc. Vs. Day

Court: US Supreme Court

..... substantially beyond customary limits of candor in describing or representing such matters a l i model penal code proposed official draft may 4 1962 251 4 1 emphasis added footnote 8 obscenity under ..... states 354 u s 476 354 u s 489 this court established the following single test for determining whether challenged material is obscene whether to the average person applying contemporary community .....

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Jun 21 1973 (FN)

Miller Vs. California

Court: US Supreme Court

..... roth supra at 354 u s 487 see also ali model penal code 251 4 1 obscene defined official draft 1962 footnote ..... theory that the california penal code 311 approximately incorporates the three stage memoirs test supra but now the memoirs test has been abandoned ..... these vague and highly subjective aesthetic psychological and moral tests do not provide meaningful guidance for law enforcement officials .....

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May 29 1979 (FN)

Greenholtz Vs. Inmates of Nebraska Penal Complex

Court: US Supreme Court

..... parole statutes in many jurisdictions embody the same standards used in the model penal code upon which both the nebraska and federal provisions are patterned and the ..... assumed in the sentencing process i believe the court misapplies its own test see ante at 442 u s 11 12 by refusing to ..... rely on morrissey v page 442 u s 32 brewer and the test enunciated in mathews v eldridge 424 u s 319 1976 its .....

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