Crim - Crimes Against The Person Flashcards
What are the elements of common law battery?
(1) The Unlawful
(2) Application of force to another
(3) Resulting in either:
(a) bodily injury or
(b) an offensive touching
Mental State: General Intent Crime
What are the elements of common law assault?
Version 1: AN Attempted Battery (Swing and Miss)
Version 2: Reasonable Apprehension
(i) The intentional creation;
(ii) other than by mere words;
(iii) of a reasonable apprehension in the mind of the victim;
(iv) of eminent bodily harm
Mental State: Specific Intent
MA Distinction on CL Assault
Victim does not have to actually been placed in apprehension, D just has to have intended to make the victim fearful.
What is the majority view on the “Year-And-A-Day Rule” for homicides?
Majority/Mass view –> Death may occur at any time.
CL Rule: Death must occur within a year-and-a-day of the homicidal act.
Common law and MA Definition of Murder
Murder is
(1) Causing the death
(2) of ANOTHER PERSON
* MA - “human being” includes a viable fetus
* CL - child must be born alive
(3) with malice aforethought
What the four ways to satisfy “malice aforethought” under the CL and MA definition for Murder?
Satisfied if D has any of the following four mental states:
(1) Intent to kill
(2) Intent to inflict serious bodily harm
(3) Extreme recklessness, meaning reckless indifference to human life (“depraved heart”)
(4) Intentional commission of an inherently dangerous felony
What are the two “special rules” related to the intent to kill mental state?
(1) Deadly Weapon Rule: The intentional use of a deadly weapon creates an inference of an intent to kill.
(2) Transferred Intent: If a D intends to harm one victim, but accidentally harms a different victim instead, the D’s intent will transfer from the intended victim to the actual victim. [Also applies to crimes like battery and arson]
Exception: Transferred intent does not apply to attempts, only to crimes with “completed harms.”
What is the definition of felony murder and six common limitations?
Def: Any killing caused during the commission of or attempt to commit a felony.
Common Limitations:
(a) D must be guilty of the underlying felony.
(b) Felony must be inherently dangerous
(c) “Merger” Rule: Felony must be independent of the killing. [aggravated assault/battery can’t be the underlying crime]
(d) “Res gestae” Principles: Killing must take place during the felony or during immediate flight from the felony. Once felon reaches place of temporary safety, the felony ends.
(e) Death must be forcible (? - confirm this).
(f) Victim must not be a co-felon [MA rejects this rule]
What are the two vicarious liability standards related to felony murder?
(A) “Proximate cause” theory: In most states, if one of the co-felons proximately causes the victim’s death, all of the other co-felons will be guilty of felony murder, even if the actual killing is committed by a third party.
(b) Agency Theory (followed in MA) - Felony murder doctrine applies only if the killing is committed by one of the co-felons. No liability if killing occurs as a result of 3P actions.
MA has two degrees of murder - first and second. What are their definitions?
First degree murder:
(a) An intentional killing committed with:
(i) Premeditation AND Deliberation OR
(ii) Extreme Atrocity or Cruelty
(b) Felony murder, when the underlying felony is punishable by life in prison
Second degree murder - all other murders.
What is the definition of voluntary manslaughter?
(1) A killing committed intentionally
(2) in the heat of passion
(3) upon adequate provocation (objective)
Four core requirements for Voluntary Manslaughter
(1) Provocation must be objectively adequate, which means it would arouse a sudden and intense passion in the mind of a reasonable person.
At CL, word alone was not objectively adequate. Generally no longer followed.
In MA, inflammatory information (such as learning of spouse’s infidelity, can be adequately provoked.
(2) Defendant was actually provoked (Subjective)
(3) Defendant did not have time to cool
(4) Defendant did not actually cool off between the provocation and the killing.
What are the two types of involuntary manslaughter at common law?
(1) A killing committed during the commission of a crime to which the felony doctrine does not apply. (Unlawful Act Manslaughter)
(2) An unintentional killing comitted:
(i) Common law: With criminal negligence (gross deviation from a R-Standard of Care)
(ii) MPC/Modern trend: Recklessly
What are the two types of involuntary manslaughter in Massachusetts?
Causing death unintentionally:
(1) by “wanton or reckless” conduct creating a high degree of likelihood that substantial harm will result to another; OR
(2) by the commission of a battery that the defendant knew or should have known created degree of likelihood that substantial harm will result.
What are the elements of false imprisonment?
Require Acts:
(1) The unlawful
(2) Confident of a person
(3) without his or her consent.
Mental State: General Intent
