Crimes Against Persons Flashcards
Battery
Battery is the intentional, harmful or offensive touching of another person.
Assault
Assault is the intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm in the victim. Additionally, in criminal law, an assault is an attempted but failed battery regardless of whether the intended victim was aware of the attempt.
Rape
Rape is sexual intercourse with a woman without her consent.
Statutory Rape
Statutory rape is sexual intercourse with a willing female under the age of consent.
Sodomy
Sodomy is the term used generically to cover what the common law or state legislatures regard as seriously “deviate” or “unnatural” sexual practices.
Mayhem
Mayhem is the malicious maiming or disfiguring of another.
False Imprisonment
False imprisonment is the intentional confinement of another person against his will.
Kidnapping
Kidnapping is the movement of a person against his will from one place to another.
Homicide
Homicide is the killing of one human being by another human being.
Murder
Murder is a homicide committed with malice aforethought.
Malice Aforethought
Malice aforethought is the mens rea required for murder. It exists when the defendant has a “man endangering state of mind” as evidenced by one of the following intentions:
1) an intent to kill as expressed by the defendant;
2) an intent to cause serious bodily harm as implied by the defendant’s actions;
3) a wanton and willful disregard of human life (depraved or malignant heart) as implied by the defendant’s actions; or
4) an intent to commit a dangerous felony as implied by the defendant’s actions.
First Degree Murder
First degree murder is murder committed by poison; torture; lying in wait; or other willful, deliberate and premeditated means; or murder that results from application of the Felony Murder Rule.
Torture
Torture occurs when a person inflicts great bodily injury on another with intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.
Willful
Willful means voluntary and intentional.
Deliberate
Deliberate means carefully considered.
Premeditated
Premeditated means thought out or planned beforehand.
Felony Murder Rule
Under the Felony Murder Rule, if a death occurs during the attempt or commission of a serious felony, is causally related to that felony, and is not a lesser included offense, then the felon can be charged with first degree murder.
Second Degree Murder
Second degree murder is all murders which are not first degree murder, in other words, those homicides committed with malice aforethought but which do not meet the requirements for murder in the first degree.
Voluntary Manslaughter
Voluntary manslaughter is a murder which, because of mitigating circumstances, is treated as less heinous than first or second degree murder.
Heat of Passion
Heat of passion is one mitigating factor that can reduce a murder charge to voluntary manslaughter, if the defendant can prove the following elements:
1) adequate provocation to lead a reasonable person to lose his normal self-control,
2) the defendant actually lost his self-control, and
3) there was not enough time for the defendant to cool off between the provocation and the murder.
Involuntary Manslaughter
Involuntary manslaughter is an unintentional homicide committed without malice but under circumstances involving either gross negligence or the commission of a crime not covered by the Felony Murder Rule.
