(5) Criminal Law: Person Crimes

Question 1

Is Battery a general or specific intent crime?

Answer 1

General Intent Crime

Question 2

Battery (Rule)

Answer 2

Battery is the (1) unlawful; (2) application of force; (3) to another person; (4) that causes bodily harm or offensive contact.

Question 3

Can a 3rd party acting at the D’s direction apply the force needed for Battery?

Answer 3

YES, a 3rd party acting at the D’s direction can apply the force.

Or an object controlled by D can apply the force.

Question 4

Aggravated Battery

Answer 4

Is battery but with injury or offensive contact caused by use of a deadly weapon.

Question 5

Mayhem

Answer 5

Is common law felony battery that causes the dismemberment or permanent disfigurement of a person. Equivalent to statutory aggravated battery.

Question 6

Assault

Answer 6

Assault is either (a) an attempted battery (a substantial step must be taken); or (b) the intentional creation of a reasonable apprehension of imminent bodily harm to a person (the person must be aware of the harm)

Question 7

Aggravated Assault

Answer 7

Assault but with a deadly weapon.

Question 8

Robbery

Answer 8

Robbery is the (1) trespassory taking and carrying away; (2) of the personal property of another person; (3) in their presence; (4) by the use of force or threat of immediate physical harm; (5) with the intent to permanently deprive the owner of the property.

AKA: larceny in the presence of the person with force.

Question 9

What is considered “Force” under Robbery?

Answer 9

Force is when the D uses more than the amount necessary to effectuate taking and carrying away – slight force is sufficient.

Question 10

Is a threat to damage property, satisfy the Robbery Rule?

Answer 10

NO

Question 11

Common law/Modern Trend:

When does “Force” need to happen?

/ Robbery

Answer 11

Common law force needed to happen at the same time or prior to the taking.

Modern trend force may be immediately following the taking.

Question 12

What crimes can merge into Robbery or Attempted Robbery?

Answer 12

On the multiple choice questions they will ask which is the highest crime D can be convicted of – Robbery is the highest crime, as larceny, assault and battery will all merge into robbery or attempted robbery.

Question 13

Armed Robbery

Answer 13

Required the elements above plus the use of a dangerous weapon (i.e., gun, knife).

Question 14

Kidnapping

Answer 14

Kidnapping is the (1) unlawful moving, confining, or restraining; (2) of another person; (3) against the persons will (through force, threats or fraud).

*Kidnapping that results in bodily injury, interferes with a governmental function or is done for the purpose of collecting a ransom may be subject to enhanced punishment by statute.

Question 15

Is Rape a general or specific intent crime?

Answer 15

General Intent Crime

Question 16

Rape

Answer 16

Rape is the (1) unlawful; (2) sexual intercourse; (3) with a female; (4) against her will by force or threat of immediate force.

Note: Most modern statutes are gender neutral and have replaced force with lack of consent.

Question 17

At common law could a husband rape his wife?

Answer 17

NO, a husband could not rape his wife at common law.

Question 18

What is “Sexual Intercourse”

Rape

Answer 18

Sexual intercourse is actual penetration however slight.

Question 19

Can lack of consent be negated under the modern statutes?

Rape

Answer 19

YES, intent is negated if D reasonably believed the victims lack of resistance indicated consent.

Question 20

Statutory Rape

Answer 20

Statutory rape is sexual intercourse with a person under the age of consent.

Reasonable mistake of fact concerning the victims age is not a defense. Neither is the consent of the underage individual.

Question 21

Homicide

Answer 21

Homicide is the killing of a living human being by another and includes the offenses of murder and manslaughter. In addition actual and proximate causation must be proven.

Question 22

At common law is a fetus a living person?

Homicide

Answer 22

NO, a fetus is not a living person at common law.

Question 23

Can a person be killed twice?

Homicide

Answer 23

NO

Question 24

Can death be established by circumstantial evidence?

Homicide

Answer 24

YES, death can be established by circumstantial evidence.

Question 25

Common Law Murder | Homicide

Answer 25

Common law murder is the (a) unlawful killing of (b) another living human being with (c) malice aforethought. Malice aforethought can be shown by any one of the following 4 states of mind: (1) Intent to Kill; (2) Intent to Inflict Serious Bodily Injury; (3) Depraved Heart; and (4) Felony Murder Rule

Question 26

Depraved Heart | Homicide - Common Law Murder

Answer 26

Depraved Heart murder is the reckless disregard for great risk to human life. Ex. shooting into a street on a busy Sunday morning.

Question 27

Felony Murder Rule | Homicide - Common Law Murder

Answer 27

Felony murder is an unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony. [Note: death must occur during felony not during flight after.]

Question 28

# Hint: BARRK What are inherently dangerous felonies? | Homicide - Common Law Murder

Answer 28

Burglary, arson, rape, robbery, and kidnapping.

Question 29

# Felony Murder Rule Is the party tried for the felony and Murder under the felony murder rule? | Homicide - Common Law Murder

Answer 29

NO, the felony merges into the felony murder so that double jeopardy doesn’t occur.

Question 30

First Degree Murder (MPC)

Answer 30

Is a killing that is deliberate and premediated. (Felony murder is 1st degree)

Question 31

# Definition & Common Law & Modern Trend: Premeditation | First Degree Murder (MPC)

Answer 31

Definition: D must think about the act of killing or plan the killing. Common Law: can premeditate immediately. Modern majority: some time is necessary to think, but it can be brief.

Question 32

Deliberation | First Degree Murder (MPC)

Answer 32

D must make a deliberate choice to kill (specific intent to kill). Voluntary intoxication or diminished capacity may prevent deliberation.

Question 33

2nd Degree Murder (MPC) | Homicide

Answer 33

Is the unlawful killing of a person with malice aforethought (common law murder rule) or anything statute mandated.

Question 34

Manslaughter | Homicide - Overview

Answer 34

There is Voluntary Manslaughter and Involuntary Manslaughter.

Question 35

Voluntary Manslaughter | Homicide - Manslaughter

Answer 35

Voluntary manslaughter is (1) the intentional killing; (2) of a live human being; (3) with adequate provocation.

Question 36

Adequate Provocation | Homicide - Voluntary Manslaughter

Answer 36

Adequate provocation is established if: (1) the D was provoked (a sudden and intense passion caused them to lose control); (2) a reasonable person would have been provoked; (3) there was not enough time to cool off before the killing; AND (4) the D did not cool off before the killing.

Question 37

Involuntary Manslaughter | Homicide

Answer 37

Is an unintentional killing of a person committed: (a) recklessly; (b) under the misdemeanor murder rule; (c) during a non-dangerous felony; OR (d) criminal negligence.

Question 38

# Unintentionally killing a person: Recklessly | Homicide - Involuntary Manslaughter

Answer 38

Conscious disregard of an unreasonable risk of death or serious bodily injury.

Question 39

# Unintentional killing of a person committed by: Misdemeanor-murder rule | Homicide - Involuntary Manslaughter

Answer 39

A killing that results during the commission of a misdemeanor.

Question 40

# Unintentional killing of a person committed by: Non-dangerous felony | Homicide - Involuntary Manslaughter

Answer 40

A felony not included under the felony murder rule.

Question 41

# Unintentional killing of a person committed by: Criminal Negligence | Homicide - Involuntary Manslaughter

Answer 41

Is grossly negligent action or inaction when there is a duty to act that puts another person at a significant risk of serious bodily injury or death. Under the MPC there must be a gross deviation from how a reasonable person would have acted.

Question 42

Doctrine of Transfered Intent | Homicide

Answer 42

If the defendant intended to kill one person but kills another intent is transferred and the defendant is still liable.

Question 43

Causation | Overall Rule

Answer 43

There must be actual and proximate causation. Actual cause is but for the D’s action the victim would not have died. Proximate cause is satisfied if the death is foreseeable which is when the death is the natural and probable result of the D’s acts.

Question 44

Is an act that accelerates death a legal cause of death? | Homicide

Answer 44

YES

Question 45

# (General Rule & Simultaneous Acts Rule) Substantial Factor Rule | Homicide - Causation

Answer 45

Actual causation can be found when there are multiple causes if the D’s act was a substantial factor in causing the death. Even simultaneous acts by different D’s acting independently satisfies actual cause, even if the victim would have died in the absence of one of the acts.

Question 46

Independent Cause | Homicide - Causation

Answer 46

A D’s act will not be deemed the cause of death when a victim is killed by an independent cause before the D’s act can kill the victim.

Question 47

Victims Preexisting Condition | Homicide - Causation

Answer 47

The victims preexisting condition that contributes to the victims death does not supersede the D’s act that is the actual cause of the victims death.

Question 48

Suicide Assistance / Mercy Killing | Homicide - Causation

Answer 48

Providing a person with the means to commit suicide generally does not make the provider guilty of murder as an accomplice because suicide is not homicide but they can be found guilty of a lesser crime of assisting a suicide.

Question 49

Year and a Day Rule | Homicide - Causation

Answer 49

At common law the D’s act was conclusively presumed not to be the proximate cause of the killing if the victim died more than one year and one day after the act was performed. Most states have abolished this rule or extended the time period of responsibility.