Crimes Against Persons

Question 1

Battery

Answer 1

Battery is the intentional, harmful or offensive touching of another person.

Question 2

Assault

Answer 2

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.

Question 3

Rape

Answer 3

Rape is sexual intercourse with a woman without her consent.

Question 4

Statutory Rape

Answer 4

Statutory rape is sexual intercourse with a willing female under the age of consent.

Question 5

Sodomy

Answer 5

Sodomy is the term used generically to cover what the common law or state legislatures regard as seriously “deviate” or “unnatural” sexual practices.

Question 6

Mayhem

Answer 6

Mayhem is the malicious maiming or disfiguring of another.

Question 7

False Imprisonment

Answer 7

False imprisonment is the intentional confinement of another person against his will.

Question 8

Kidnapping

Answer 8

Kidnapping is the movement of a person against his will from one place to another.

Question 9

Homicide

Answer 9

Homicide is the killing of one human being by another human being.

Question 10

Murder

Answer 10

Murder is a homicide committed with malice aforethought.

Question 11

Malice Aforethought

Answer 11

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.

Question 12

First Degree Murder

Answer 12

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.

Question 13

Torture

Answer 13

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.

Question 14

Willful

Answer 14

Willful means voluntary and intentional.

Question 15

Deliberate

Answer 15

Deliberate means carefully considered.

Question 16

Premeditated

Answer 16

Premeditated means thought out or planned beforehand.

Question 17

Felony Murder Rule

Answer 17

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.

Question 18

Second Degree Murder

Answer 18

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.

Question 19

Voluntary Manslaughter

Answer 19

Voluntary manslaughter is a murder which, because of mitigating circumstances, is treated as less heinous than first or second degree murder.

Question 20

Heat of Passion

Answer 20

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.

Question 21

Involuntary Manslaughter

Answer 21

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.