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T&D.Edits.Crimes > Crimes Against People > Flashcards

Crimes Against People Flashcards

1
Q

What are the elements of murder?

A
  1. Unlawful killing
  2. Of a human being
  3. With malice
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2
Q

What are the elements of manslaughter?

A
  1. Unlawful killing
  2. Of a human being
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3
Q

What is the actus reus for murder?

A

The act that results in the death

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4
Q

Can assisting someone in suicide incur accomplice liability for the assistor?

A

No, the death must be caused by someone other than the victim (suicide ≠ homicide)

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5
Q

In situations where the victim is already dying, what is the criminal liability for any acts speeding up the death?

A

When the accelerating factor is the actual cause of death

More Info: Accelerating Factor

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6
Q

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?

A

When the death is unforeseeable and the defendant is not the legal cause of the death

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7
Q

What is the mens rea for all murders?

A

Malice, express or implied

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8
Q

A ∆ who does not kill the victim may be liable for a killing in what circumstances?

A

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.

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9
Q

What must be proven for malice?

A
  1. Intent to kill
  2. Intent to inflict grievous bodily harm

Or

  1. Depraved heart, meaning an unintentional killing resulting from extreme risk creation that manifests a wanton disregard for human life
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10
Q

What can establish intent to kill?

A
  1. The defendant acts with the purpose to kill or the knowledge that their conduct will kill
  2. The Deadly Weapons Doctrine: when the defendant uses an instrument designed to kill or used in a manner that inflicts grievous bodily harm
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11
Q

When is the mens rea for intent to inflict grievous bodily harm established?

A

Intent to inflict grievous bodily harm can arise from:

  1. A conscious desire

Or

  1. A substantial certainty that conduct will result in injury
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12
Q

What is depraved heart murder?

A

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

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13
Q

What are the elements of depraved heart murder?

A
  1. Reckless or grossly negligent conduct
  2. That creates an extreme risk to others

And

  1. Demonstrates a wanton indifference to human life
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14
Q

How is malice established for felony murder?

A

By causing a death during the commission of the “right type” of felony

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15
Q

What are the elements of felony murder?

A
  1. Unintentional injury that results in a killing
  2. Proximately caused during the attempt, commission, or flight from
  3. An inherently dangerous felony
    * More Info:* Felony Murder
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16
Q

What are the right types of felonies for the felony murder rule?

A
  1. A felony listed in the state’s murder statute

Or

  1. An act independent of the killing that is inherently dangerous
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17
Q

When is a felony not independent of a killing?

A

If the primary purpose of the felony is serious physical harm, then the felony will not trigger felony murder

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18
Q

What are the tests for inherently dangerous felonies?

A

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)?

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19
Q

List the felonies that generally qualify for felony murder.

A
  1. Burglary
  2. Arson
  3. Rape
  4. Robbery

And

  1. Kidnapping
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20
Q

When does a felony begin for the felony murder rule?

A

When the defendant could be convicted of attempting the underlying felony

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21
Q

When is the felony deemed to have terminated?

A
  1. When the felon has reached a temporary place of safety

And

  1. The felony is no longer ongoing
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22
Q

When does a felony murder co-felon incur liability?

A

When a victim is killed by a member of a conspiracy that they are a part of

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23
Q

What is the majority rule for felony murder co-felon liability?

A

The Agency Rule: A co-conspirator is liable for all killings by co-felons. There is no liability for killings committed by non-felons.

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24
Q

What is the minority position on felony murder co-felon liability?

A

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.

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25
Q

When does the non-violent felon exception apply?

A

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.

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26
Q

When does the deserving victim exception apply?

A

A minority of common law jurisdictions also exempt from felony murder liability a killing of a co-felon.

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27
Q

When does the redline limitation apply?

A

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

28
Q

What are the elements of first degree murder?

A
  1. Premeditation of the intent to kill
  2. Deliberation in killing

And

  1. An intentional unlawful killing of a person.
29
Q

What do all murders require proof of?

A

Malice

30
Q

What does premeditation require?

A
  1. A thought about the killing

And

  1. A period of time elapsing between the thought and the killing
31
Q

What does deliberation require?

A
  1. A rational thought about the killing

And

  1. The defendant making the choice to kill
32
Q

What is second-degree murder?

A

Second-degree murder is any killing with malice but without premeditation and deliberation.

More Info: Second-Degree Murder

33
Q

Define voluntary manslaughter?

A

An intentional killing that is mitigated by:

  1. Adequate provocation
  2. Diminished capacity

Or

  1. Imperfect self defense
34
Q

What are the elements for adequate provocation manslaughter?

A
  1. The defendant must be adequately provoked
  2. The provocation would lead an ordinary, reasonable-person to lose self control
  3. A causal connection exists between the provocation and the killing (the defendant was actually provoked)
  4. The killing occurs while the rage is hot

And

  1. A reasonable person would not have cooled off by the time of the killing
35
Q

Under what circumstances does adequate provocation exist?

A
  1. defendant is a victim of a serious battery
  2. defendent sees spouse engaged in sexual conduct with another person

Or

  1. defendant observes the serious physical injury of a close family member
36
Q

Are mere words enough for adequate provocation?

A

Never

37
Q

What are the defenses to malicious intent?

A
  1. Diminished mental capacity

Or

  1. Imperfect self-defense, meaning an honest but unreasonable use of deadly force
38
Q

What are the elements of involuntary manslaughter?

A
  1. An unintentional killing

And

  1. Unjustified risk creation
39
Q

What does involuntary manslaughter risk creation require proof of?

A
  1. 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.
  2. The risk creation is greater than mere negligence
40
Q

What is misdemeanor manslaughter?

A

An unintentional killing that occurs during the commission or attempted commission of a:

  1. Misdemeanor which is malum in se (evil in and of itself)

Or

  1. Felony which is not inherently dangerous.
41
Q

What classification of crime are assault and battery at common law?

A

Misdemeanors

42
Q

What are the elements of criminal battery?

A
  1. An act that is intentional, reckless, or criminally negligent

And

  1. The act applies unlawful force to another person
    * More Info:* Criminal Battery
43
Q

What circumstances elevate a simple battery (misdemeanor battery) to aggravated battery?

A
  1. Defendant causes serious bodily injury
  2. Defendant uses a deadly weapon to commit the battery

Or

  1. Defendant batters a special category of victim
44
Q

What are the common defenses to battery?

A
  1. Valid consent
  2. Self-defense or defense of others

Or

  1. Use of force to prevent a crime
45
Q

What are the two types of assaults?

A
  1. A failed attempted battery

And

  1. Fear of battery assault
    * More Info:* Types of Assault
46
Q

What does failed attempted battery assault require?

A

That the defendant intended to commit the battery, his success does not matter.

47
Q

When does fear of battery assault occur?

A

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

48
Q

Is a conditional threat sufficient for fear of battery assault?

A

It is not enough because it is not immediate.

49
Q

In what type of assault does the victim need to be aware of the threatened battery? When do they not?

A

The victim must be aware of the assault in fear of battery assault, but not in a failed attempted battery

50
Q

When does a victim have reasonable apprehension for fear of battery assault to occur?

A

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.

51
Q

When will a simple assault rise to the level of an aggravated felony assault?

A
  1. The defendant commits an assault with a dangerous weapon
  2. The defendant acts with the intent to rape or murder the victim

Or

  1. The victim is specially protected by the statute
52
Q

What does the felony of mayhem require?

A
  1. The intent to maim or cause bodily injury

And

  1. An act that
    a. Disfigures the victim

Or

b. Disables some part of their body

53
Q

When does false imprisonment occur?

A
  1. Victim is intentionally confined
  2. Confinement is against the law

And

  1. The victim is completely or fully confined
    * More Info:* False Imprisonment
54
Q

What are the elements of kidnapping?

A
  1. Victim is intentionally confined
  2. Confinement is against the law
  3. Victim is confined by a show of force

And

  1. Victim is moved
55
Q

What are the elements of rape?

A

A reasonable person in the defendant’s situation would have known that the victim was not consenting to sexual intercourse.

56
Q

What is the defense to rape?

A

Mistake of fact, if the mistake is:

  1. Honest

And

  1. Reasonable
57
Q

When does statutory rape occur?

A

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.

58
Q

When does bigamy occur?

A

When a person is married to more than one person

59
Q

When is mistake a defense to bigamy?

A

Never

60
Q

When does incest occur?

A

Whenever there are sexual relations between individuals who are closely related to one another

61
Q

What can a defendant without premeditation or deliberation never be guilty of?

A

First degree murder

62
Q

Voluntary intoxication impacts what element of murder?

A

Deliberation

63
Q

When can an individual use non-deadly force to resist a police officer?

A

When the police officer is attempting an arrest and the individual does not know it is a police officer

64
Q

When does the misdemeanor manslaughter rule apply?

A

When the underlying misdemeanor is “inherently wrong” and death is foreseeable given the misdemeanor.

65
Q

What are the default degrees of murder?

A

1st degree: Premeditated and Deliberate Murder

And

2nd Degree:

a. Depraved heart

Or

b. Substantial bodily injury

66
Q

What is the criminal liability when a ∆ punches someone, not intending to cause substantial bodily harm, and they die?

A

Egg-Shell Skull Rule: Involuntary manslaughter.

T&D.Edits.Crimes (5 decks)

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