Crimes Against People Flashcards
What are the elements of murder?
- Unlawful killing
- Of a human being
- With malice
What are the elements of manslaughter?
- Unlawful killing
- Of a human being
What is the actus reus for murder?
The act that results in the death
Can assisting someone in suicide incur accomplice liability for the assistor?
No, the death must be caused by someone other than the victim (suicide ≠ homicide)
In situations where the victim is already dying, what is the criminal liability for any acts speeding up the death?
When the accelerating factor is the actual cause of death
More Info: Accelerating Factor
When a victim dies more than 1 year and 1 day after the defendant’s act that was the cause in fact of death, what is the liability of the defendant?
When the death is unforeseeable and the defendant is not the legal cause of the death
What is the mens rea for all murders?
Malice, express or implied
A ∆ who does not kill the victim may be liable for a killing in what circumstances?
Accomplice: ∆ is the accomplice to the actual killer
Conspiracy: where the reasonably foreseeable result of a conspiracy is a homicide and homicide committed in furtherance of the conspiracy. ALL MEMBERS can be held responsible for the homicide
Substantial Factor: where both a 3rd party and ∆ together caused a victim’s death—both are the actual cause
Co-Felon Liability: if the killing qualifies as a felony murder, non-killing co-felons may also be guilty of murder.
What must be proven for malice?
- Intent to kill
- Intent to inflict grievous bodily harm
Or
- Depraved heart, meaning an unintentional killing resulting from extreme risk creation that manifests a wanton disregard for human life
What can establish intent to kill?
- The defendant acts with the purpose to kill or the knowledge that their conduct will kill
- The Deadly Weapons Doctrine: when the defendant uses an instrument designed to kill or used in a manner that inflicts grievous bodily harm
When is the mens rea for intent to inflict grievous bodily harm established?
Intent to inflict grievous bodily harm can arise from:
- A conscious desire
Or
- A substantial certainty that conduct will result in injury
What is depraved heart murder?
Murder where malice is implied because the defendant causes death as a result of extreme risk creation that manifests a wanton disregard for human life
More Info: Depraved Heart Murder
What are the elements of depraved heart murder?
- Reckless or grossly negligent conduct
- That creates an extreme risk to others
And
- Demonstrates a wanton indifference to human life
How is malice established for felony murder?
By causing a death during the commission of the “right type” of felony
What are the elements of felony murder?
- Unintentional injury that results in a killing
- Proximately caused during the attempt, commission, or flight from
- An inherently dangerous felony
* More Info:* Felony Murder
What are the right types of felonies for the felony murder rule?
- A felony listed in the state’s murder statute
Or
- An act independent of the killing that is inherently dangerous
When is a felony not independent of a killing?
If the primary purpose of the felony is serious physical harm, then the felony will not trigger felony murder
What are the tests for inherently dangerous felonies?
Abstract test: Is it foreseeable that the act will endanger human life (majority)?
Context test: in the context of the act, is it foreseeable that the act will endanger human life (minority)?
List the felonies that generally qualify for felony murder.
- Burglary
- Arson
- Rape
- Robbery
And
- Kidnapping
When does a felony begin for the felony murder rule?
When the defendant could be convicted of attempting the underlying felony
When is the felony deemed to have terminated?
- When the felon has reached a temporary place of safety
And
- The felony is no longer ongoing
When does a felony murder co-felon incur liability?
When a victim is killed by a member of a conspiracy that they are a part of
What is the majority rule for felony murder co-felon liability?
The Agency Rule: A co-conspirator is liable for all killings by co-felons. There is no liability for killings committed by non-felons.
What is the minority position on felony murder co-felon liability?
All felons are liable for any homicide that occurrs during the perpetration of the felony. Any death proximately caused by the felony is attributed to all co-felons.
When does the non-violent felon exception apply?
A minority of common law jurisdictions exempt from felony murder liability a non-violent co-felon who participates in the conspiracy in a non-violent way.
When does the deserving victim exception apply?
A minority of common law jurisdictions also exempt from felony murder liability a killing of a co-felon.
When does the redline limitation apply?
A minority of jurisdictions exempt from felony murder liability killings at the hand of a non-felon killing a co-felon.
More Info: Redline Limitation
What are the elements of first degree murder?
- Premeditation of the intent to kill
- Deliberation in killing
And
- An intentional unlawful killing of a person.
What do all murders require proof of?
Malice
What does premeditation require?
- A thought about the killing
And
- A period of time elapsing between the thought and the killing
What does deliberation require?
- A rational thought about the killing
And
- The defendant making the choice to kill
What is second-degree murder?
Second-degree murder is any killing with malice but without premeditation and deliberation.
More Info: Second-Degree Murder
Define voluntary manslaughter?
An intentional killing that is mitigated by:
- Adequate provocation
- Diminished capacity
Or
- Imperfect self defense
What are the elements for adequate provocation manslaughter?
- The defendant must be adequately provoked
- The provocation would lead an ordinary, reasonable-person to lose self control
- A causal connection exists between the provocation and the killing (the defendant was actually provoked)
- The killing occurs while the rage is hot
And
- A reasonable person would not have cooled off by the time of the killing
Under what circumstances does adequate provocation exist?
- defendant is a victim of a serious battery
- defendent sees spouse engaged in sexual conduct with another person
Or
- defendant observes the serious physical injury of a close family member
Are mere words enough for adequate provocation?
Never
What are the defenses to malicious intent?
- Diminished mental capacity
Or
- Imperfect self-defense, meaning an honest but unreasonable use of deadly force
What are the elements of involuntary manslaughter?
- An unintentional killing
And
- Unjustified risk creation
What does involuntary manslaughter risk creation require proof of?
- The defendant is subjectively aware of the risk and ignores it, or the defendant is unaware of the risk, but a reasonable person would have been aware.
- The risk creation is greater than mere negligence
What is misdemeanor manslaughter?
An unintentional killing that occurs during the commission or attempted commission of a:
- Misdemeanor which is malum in se (evil in and of itself)
Or
- Felony which is not inherently dangerous.
What classification of crime are assault and battery at common law?
Misdemeanors
What are the elements of criminal battery?
- An act that is intentional, reckless, or criminally negligent
And
- The act applies unlawful force to another person
* More Info:* Criminal Battery
What circumstances elevate a simple battery (misdemeanor battery) to aggravated battery?
- Defendant causes serious bodily injury
- Defendant uses a deadly weapon to commit the battery
Or
- Defendant batters a special category of victim
What are the common defenses to battery?
- Valid consent
- Self-defense or defense of others
Or
- Use of force to prevent a crime
What are the two types of assaults?
What does failed attempted battery assault require?
That the defendant intended to commit the battery, his success does not matter.
When does fear of battery assault occur?
The defendant does not intend to commit a battery but acts with threatening conduct intended to cause reasonable apprehension of imminent harm in the victim
More Info: Fear of Battery Assault
Is a conditional threat sufficient for fear of battery assault?
It is not enough because it is not immediate.
In what type of assault does the victim need to be aware of the threatened battery? When do they not?
The victim must be aware of the assault in fear of battery assault, but not in a failed attempted battery
When does a victim have reasonable apprehension for fear of battery assault to occur?
The victim does not have to actually be afraid, but rather to simply (and reasonably) anticipate or expect that the defendant’s act(s) will result in immediate bodily harm.
When will a simple assault rise to the level of an aggravated felony assault?
- The defendant commits an assault with a dangerous weapon
- The defendant acts with the intent to rape or murder the victim
Or
- The victim is specially protected by the statute
What does the felony of mayhem require?
- The intent to maim or cause bodily injury
And
- An act that
a. Disfigures the victim
Or
b. Disables some part of their body
When does false imprisonment occur?
- Victim is intentionally confined
- Confinement is against the law
And
- The victim is completely or fully confined
* More Info:* False Imprisonment
What are the elements of kidnapping?
- Victim is intentionally confined
- Confinement is against the law
- Victim is confined by a show of force
And
- Victim is moved
What are the elements of rape?
A reasonable person in the defendant’s situation would have known that the victim was not consenting to sexual intercourse.
What is the defense to rape?
Mistake of fact, if the mistake is:
- Honest
And
- Reasonable
When does statutory rape occur?
Anytime a person under the statutorily prescribed age of consent has sex.
Statutory rape applies even if the victim expresses consent or the defendant mistakenly believes the person is of legal age.
When does bigamy occur?
When a person is married to more than one person
When is mistake a defense to bigamy?
Never
When does incest occur?
Whenever there are sexual relations between individuals who are closely related to one another
What can a defendant without premeditation or deliberation never be guilty of?
First degree murder
Voluntary intoxication impacts what element of murder?
Deliberation
When can an individual use non-deadly force to resist a police officer?
When the police officer is attempting an arrest and the individual does not know it is a police officer
When does the misdemeanor manslaughter rule apply?
When the underlying misdemeanor is “inherently wrong” and death is foreseeable given the misdemeanor.
What are the default degrees of murder?
1st degree: Premeditated and Deliberate Murder
And
2nd Degree:
a. Depraved heart
Or
b. Substantial bodily injury
What is the criminal liability when a ∆ punches someone, not intending to cause substantial bodily harm, and they die?
Egg-Shell Skull Rule: Involuntary manslaughter.
