Web1C. In Commonwealth v. Berkowitz (1992), Robert Berkowitz was convicted of rape, and the intermediate court of appeals affirmed. The Pennsylvania Supreme Court reversed, holding that the evidence didn’t support a finding of “forcible compulsion” but did support a finding of the lesser offense of “indecent assault.”. WebWhile the Commonwealth argued that any force used to complete the act of intercourse constituted “forcible compulsion” in the absence of consent, the Pennsylvania Superior …
Criminal Law Ch. 9-10 Flashcards Quizlet
WebCommonwealth v. Berkowitz (1992) The jury had convicted appellant of rape and indecent assault and was sentenced to serve a term of one to four years for rape and a concurrent term of 6 to 12 months for indecent assault It was found that the evidence of force was insufficient to support the conviction. WebNov 9, 1990 · COMMONWEALTH of Pennsylvania v. Robert A. BERKOWITZ, Appellant. Superior Court of Pennsylvania. Argued Nov. 9, 1990. Filed May 19, 1992. Petition for … epsom salt ionic compound
Com. v. Berkowitz - Harvard University
WebCommonwealth v. Berkowitz College student has sex with female college student, she said "no" but agreed on cross exam that it was "possible" that she did not resist when her bra and shirt were lifted, as well as the untying of her sweat pants--the Court found that there were no threats of force and she could have left--Therefore, the rape ... Web2. Summarize the reasons the court gives for adopting the intrinsic force standard. 3. Taking into account the evidence, decision, and reasoning of Commonwealth v. Berkowitz, which do you think is the better approach to the force requirement—intrinsic or extrinsic force? Defend your answer. 4. WebCommonwealth v. Brown - 506 Pa. 169, 484 A.2d 738 (1984) Rule: Any amount of force applied to a person while committing a theft brings that act within the scope of robbery under 18 Pa. Cons. Stat. § 3701(a)(1)(v). This force, of course, may be either actual or constructive. Actual force is applied to the body; constructive force is the use of ... driving distance from jacksonville to orlando