Crimes Against Persons

Question 1

Homicide

Answer 1

Unlawful killing of another with malice aforethought

Actus reus: voluntary act, involuntary act arising from voluntary act, or failure to act where there is a duty.

Question 2

Mens rea for murder

Answer 2

1. Intent to kill
2. Intent to cause sbi
3. Depraved heart
4. Felony murder

Question 2

Intent to cause sbi

Answer 2

Look at surrounding circumstances including words and behavior of D.

Question 3

Deadly weapons doctrine

Answer 3

Infer intent to kill if intentionally used a instrument in such a way calculated to produce death or sbi.

Question 5

Depraved heart murder

Answer 5

Unintentional killing resulting from a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or sbi.

Question 5

FMR agency rule

Answer 5

Killer must be felon.
not apply when non Felon kills felon or bystander.
* majority rule.

Question 6

Felony murder rule

Answer 6

Killing proximity caused during the commission or attempted commission of an inherently dangerous felony.
* underlying felony is independent of the homicide.

Question 7

FMR proximate cause

Answer 7

Felon liable for death that is proximate result of the felony even if killer is not a felon.
* minority rule

Question 8

FMR redline limit

Answer 8

FMR not apply if the person killed was one of the felons.

Question 10

FMR non violent co felon

Answer 10

Non violent co felon not liable for FMR if he was not armed and did not know of the co felons intentions.
* minority rule

Question 11

FMR FL

Answer 11

Classified as degrees and attempted, and includes:
Barrk drug trafficking, escape, aggregated child abuse, aggregated battery of elderly, aircraft piracy, bomb, carjacking, aggregated stalking, terrorism, resisting officer with violence.

Question 11

Second degree murder

Answer 11

All other murders.

Eg Ds mens rea is intent to inflict sbi.

Question 12

First degree murder

Answer 12

Intent to kill with premeditation and deliberation, FMR, lying in wait, poison, terrorism, torture.

Question 13

First degree murder FL

Answer 13

Unlawful killing of another human being when perpetrated from a premeditated design to effect the death of the person killed or of any human being or in commission or attempt to comment FMR felonies.

Question 15

Second degree murder FL

Answer 15

Unlawful killing of another when perpetrated by an act imminently dangerous to another and evincing a deprived mind regardless of human life. Or when committing or attempting to commit FMR but D not the felon who committed the other felony.

Question 15

Voluntary Manslaughter

Answer 15

Intentional killing mitigated by adequate provocation. a reasonable person would lose self control.

Question 16

Third degree murder FL

Answer 16

Unlawful killing of a human being without any design to effect death by a person engaged in the preparation of any non FMR felony.

Question 17

Misdemeanor manslaughter rule

Answer 17

Unintentional killing during commission of type of felony which is not inherently dangerous or a misdemeanor.

Question 18

Involuntary manslaughter

Answer 18

Unintentional killing without malice aforethought caused by reckless or criminal negligence or during commission of unlawful act.

Question 19

Manslaughter FL

Answer 19

Includes assisted suicide.

Question 21

Assault

Answer 21

Put person in reasonable apprehension of bodily harm
Aggregated assault- with use if deadly weapon.
Threat of future violence is not an assault.

Question 21

Kidnapping

Answer 21

Unlawful restraint of a persons liberty by force or show of force.

Question 22

Battery

Answer 22

Intentional or criminally negligent unlawful application of force to the person of the victim.
Aggregated battery: knowing and intentionally causes great bodily harm, permanent disability or uses deadly weapon or when D knows V is pregnant.

Question 24

Rape

Answer 24

Unlawful sexual intercourse by a male with a female w/o consent.
Threat enough force.