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CA Bar 2023: Criminal Law > (5) Criminal Law: Person Crimes > Flashcards

(5) Criminal Law: Person Crimes Flashcards

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1
Q

Is Battery a general or specific intent crime?

A

General Intent Crime

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2
Q

Battery (Rule)

A

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

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3
Q

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

A

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

Or an object controlled by D can apply the force.

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4
Q

Aggravated Battery

A

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

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5
Q

Mayhem

A

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

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6
Q

Assault

A

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)

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7
Q

Aggravated Assault

A

Assault but with a deadly weapon.

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8
Q

Robbery

A

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.

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9
Q

What is considered “Force” under Robbery?

A

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

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10
Q

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

A

NO

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11
Q

Common law/Modern Trend:

When does “Force” need to happen?

/ Robbery

A

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

Modern trend force may be immediately following the taking.

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12
Q

What crimes can merge into Robbery or Attempted Robbery?

A

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.

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13
Q

Armed Robbery

A

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

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14
Q

Kidnapping

A

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.
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15
Q

Is Rape a general or specific intent crime?

A

General Intent Crime

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16
Q

Rape

A

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.

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17
Q

At common law could a husband rape his wife?

A

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

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18
Q

What is “Sexual Intercourse”

Rape

A

Sexual intercourse is actual penetration however slight.

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19
Q

Can lack of consent be negated under the modern statutes?

Rape

A

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

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20
Q

Statutory Rape

A

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.

21
Q

Homicide

A

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.

22
Q

At common law is a fetus a living person?

Homicide

A

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

23
Q

Can a person be killed twice?

Homicide

A

NO

24
Q

Can death be established by circumstantial evidence?

Homicide

A

YES, death can be established by circumstantial evidence.

25
Q

Common Law Murder

Homicide

A

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

26
Q

Depraved Heart

Homicide - Common Law Murder

A

Depraved Heart murder is the reckless disregard for great risk to human life.

Ex. shooting into a street on a busy Sunday morning.

27
Q

Felony Murder Rule

Homicide - Common Law Murder

A

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.]

28
Q

Hint: BARRK

What are inherently dangerous felonies?

Homicide - Common Law Murder

A

Burglary, arson, rape, robbery, and kidnapping.

29
Q

Felony Murder Rule

Is the party tried for the felony and Murder under the felony murder rule?

Homicide - Common Law Murder

A

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

30
Q

First Degree Murder (MPC)

A

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

31
Q

Definition & Common Law & Modern Trend:

Premeditation

First Degree Murder (MPC)

A

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.

32
Q

Deliberation

First Degree Murder (MPC)

A

D must make a deliberate choice to kill (specific intent to kill).

Voluntary intoxication or diminished capacity may prevent deliberation.

33
Q

2nd Degree Murder (MPC)

Homicide

A

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

34
Q

Manslaughter

Homicide - Overview

A

There is Voluntary Manslaughter and Involuntary Manslaughter.

35
Q

Voluntary Manslaughter

Homicide - Manslaughter

A

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

36
Q

Adequate Provocation

Homicide - Voluntary Manslaughter

A

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.

37
Q

Involuntary Manslaughter

Homicide

A

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.

38
Q

Unintentionally killing a person:

Recklessly

Homicide - Involuntary Manslaughter

A

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

39
Q

Unintentional killing of a person committed by:

Misdemeanor-murder rule

Homicide - Involuntary Manslaughter

A

A killing that results during the commission of a misdemeanor.

40
Q

Unintentional killing of a person committed by:

Non-dangerous felony

Homicide - Involuntary Manslaughter

A

A felony not included under the felony murder rule.

41
Q

Unintentional killing of a person committed by:

Criminal Negligence

Homicide - Involuntary Manslaughter

A

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.

42
Q

Doctrine of Transfered Intent

Homicide

A

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

43
Q

Causation

Overall Rule

A

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.

44
Q

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

Homicide

A

YES

45
Q

(General Rule & Simultaneous Acts Rule)

Substantial Factor Rule

Homicide - Causation

A

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.

46
Q

Independent Cause

Homicide - Causation

A

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.

47
Q

Victims Preexisting Condition

Homicide - Causation

A

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.

48
Q

Suicide Assistance / Mercy Killing

Homicide - Causation

A

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.

49
Q

Year and a Day Rule

Homicide - Causation

A

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.

CA Bar 2023: Criminal Law (8 decks)

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