Crim - Offenses against person Flashcards

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1
Q

Battery

A

unlawful application of force resultingin bodily injury or offensive touching.

Aggravated: deadly weapon; serious bodily harm; to a child, woman, or police.

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2
Q

assault

A
attempted battery (SI);
threat to bodily injury (GI)
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3
Q

Homicide

A

unlawful killing of human w/malice aforethought:
intent to kill; intent to inflict great bodily injury; reckless indifference to an unjustifiably high risk to life; felony murder;

First: deliverate, willful, and premeditated and enumerated felony e.g. arson, robbery, burlary, rape, mayhem, and kidnapping.

Second: Everything else under CL murder. Unjustified. No felony once D reaches temp safety or if death of co-felon is result of resistance by victim or police.

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4
Q

Manslaughter

A

Bump down from murder if “imperfect self-D” - D was at fault in starting fight or unreasonably but honestly believed in necessity.

Vol - murder w/adequate provocation/heat of passion w/o time to cool

Invol - criminal negligence, battery, or misdemeanor

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