Crim Law: Crimes Against The Person

Question 1

Battery

Answer 1

AR: Unwanted touching of another person
MR: General intent
1. Injury not required

Question 2

Aggravated Battery

Answer 2

Battery +

1. deadly or dangerous weapon,
2. serious bodily injury, or
3. child or police victim.

Question 3

Assault

Answer 3

*form of attempt
AR: attempted battery OR putting someone in reasonable fear of an imminent battery.
MR: Specific intent
* Merges into battery once unwanted touching occurs

Question 4

Wanting to break John’s nose, Edward swings a fist at him but clumsily misses. Is it assault?

Answer 4

Yes–attempted battery

Question 5

Wanting to scare John, Edward swings a fist at him and purposefully misses. Is it assault?

Answer 5

Yes – reasonable fear

Question 6

Reenacting a scene, Edward swings a fist at John and purposefully misses. Is it assault

Answer 6

No – no fear, no attempted battery.

Question 7

Aggravated Assault:

Answer 7

Assault +

1. deadly weapon, or
2. with intent to rape, maim, or murder

Question 8

Homicides (common Law)

Answer 8

1. Murder

2. Manslaughter

Question 9

Murder (CL)

Answer 9

AR: Unlawful Killing of another person
MR: Malice Aforethought =
1. Intent to kill,
2. Intent to inflict serious bodily injury,
3. Gross recklessness in risking human life (depraved heart or implied malice) OR
4. Felony murder

Question 10

Fanny texts while driving through school zone (with flashing signs) at 50 mph. Hits and kills child. Is it murder?

Answer 10

Yes. It was gross recklessness in risking human life because she knew she was in school zone.

Question 11

Fanny texts while driving through school zone (with flashing signs) at 50 mph. Hits and injures child. Is it attempted murder?

Answer 11

No. Her object was not to kill.

Question 12

Fanny shoots John in the back with intent to paralyze him but kills him instead. Is it murder?

Answer 12

Yes. She intended to inflict serious bodily injury.

Question 13

Felony Murder

Answer 13

AR: Killing during course of felony
MR: None (Strict Liability)

Question 14

Felony Murder Liability Limitations

Answer 14

1. Killing
   a. CL: by anyone
   b. Modern: co-defendant
2. During = to and from scene
3. Felony
4. independent of the homicide
5. Beyond reasonable doubt
6. Foreseeability

Question 15

Co-felon, who agreed not to bring gun to bank robbery, shoots and kills teller. Was this foreseeable?

Answer 15

Yes–course of crime it can be foreseen someone would get hurt/killed.

Question 16

Getaway driver hits and kills pedestrian. Is this foreseeable?

Answer 16

Yes. during crime–reasonable to foresee getaway driver driving fast

Question 17

Firefighter dies trying to extinguish arsonist’s blaze. Is this foreseeable?

Answer 17

YES— first responders getting injured is almost always foreseeable.

Question 18

Bystander dies of heart attack witnessing terrorist attack. is this foreseeable?

Answer 18

NO.

Question 19

Manslaughter: Voluntary Manslaughter

Answer 19

Murder (intentional killing) + heat of passion

Question 20

Heat of Passion =

Answer 20

a. sudden and intense reaction
b. adequate provocation
1. Inflame ordinary person
2. words alone insufficient
c. no Cooling off period

Question 21

Manslaughter: Involuntary Manslaughter

Answer 21

1. AR: unlawful killing of another person
   MR: Negligence or recklessness
   *gross recklessness = depraved heart murder.
2. AR: Killing during course of misdemeanors (or felony not included in felony murder)
   MR: None (SL)

Question 22

Murder by Degrees (modern)

Answer 22

1. First degree
2. First degree felony
3. Second degree murder

Question 23

First- Degree Murder

Answer 23

AR: Unlawful killing of another person
MR: With premeditation & deliberation
* The only specific intent homicide.

Question 24

First-Degree Felony Murder

Answer 24

AR: Killing during course of specified felony
MR: NONE (SL)
* First degree felony murder felonies: serious felonies enumerated by statute (eg. rape, burglary, robbery, arson, kisnapping).

Question 25

Second-Degree Murder

Answer 25

Catch-all: Every other CL murder (intentional, serious bodily injury, depraved heart, felony murders not specified as first degree).

Question 26

Rape

Answer 26

AR: Sexual intercourse by force or threat of force without consent
MR: General Intent regarding consent
*Mistake: reasonable mistake as to consent exculpates.

Question 27

Statutory Rape

Answer 27

AR: Sex with minor
MR: None (SL)
* Mistake: mistake as to age is NO defense

Question 28

False Imprisonment

Answer 28

AR: unlawful confinement of victim against will
MR: general intent

Question 29

Kidnapping

Answer 29

AR: Movement of victim against will.
MR: General intent regarding consent
*some courts requirement movement beyond that incident to other crimes, such as robbery or rape.