Commonwealth v. Berkowitz 641 A.2d 1161 (1994)

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Commonwealth v. Berkowitz 641 A.2d 1161 (1994)

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Abstract

In the afternoon of April 19th, 1988, Robert Berkowitz was relaxing in his dorm room at East Stroudsburg State University in Pennsylvania. The victim, who will remain nameless, had been preparing for a day with her boyfriend. She drank a martini to pass the time, and walked to him dorm room in her building. Finding that her boyfriend was not there, she walked to a friend's room and knocked on the door.

Tags: Commonwealth v. Berkowitz, Commonwealth v. Berkowitz 641 A.2d 1161 (1994), Jewell v. State 672 N.E. 2d 417

Introduction
Berkowitz and the victim
The question brought before the court
The opinion of the court
People v. Allen 64 Cal. Rptr. 2d 497 (1997)
Sonnier v. State 849 S.W.2d 828 (Tex.App. 1992)
Jewell v. State 672 N.E. 2d 417 (Ind. App. 1996)
Conclusion

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Extract

[...] Jewell was convicted by a jury trial of burglary with a deadly weapon resulting in serious bodily harm, a class A felony, and battery resulting in serious bodily harm, which is a class C felony. Jewell was sentenced to a forty-eight year imprisonment term, which he appealed. The Indiana Court of Appeals affirmed the conviction. In 1989, Bridget Fisher bought a home while still being married to Barry Jewell. She changed her last name to Jewell. Jewell and Fisher had both put in work on the house, and after marriage disagreements occurred, Fisher requested that Jewell not reenter the house, and Jewell moved out. [...]

[...] It is clear from the court that Sonnier knew the speakers were being pawned, but that she did not know they were stolen. It is not clear, however, that the two men told Sonnier how they got the speakers, and it is reasonable that Sonnier thought they were one of the men's property. There was simply not enough evidence to convict beyond a reasonable doubt, and Sonnier was released. Jewell v. State 672 N.E. 2d 417 (Ind. App. 1996) Barry L. [...]

[...] In this case, it was concluded that Berkowitz did not use forcible compulsion against the victim, or threatened her. She was not unconscious, and was not mentally deranged that she could not give consent. In lieu of the definition of first degree felony rape, Berkowitz did not rape the victim and was thus affirmed. No concurring or dissenting opinions. People v. Allen 64 Cal. Rptr. 2d 497 (1997) Tyrone Allen was convicted of kidnapping a person under the age of fourteen. [...]

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