Crimes Against the Person

Question 1

Criminal Homicide

Answer 1

The unlawful killing of a human being by another.

A killing is unlawful when it is:
1.) without legal justification or excuse (no defense); or

2.) committed as a result of a criminal state of mind. (criminal mens rea)

• Homicide with malice equal murder
• Homicide without malice equals murder

Question 2

Murder (defined)

Answer 2

The unlawful killing of a human being with malice aforethought.

Malice may be either express or implied, intentional or unintentional

1. ) Malice is express if the act was expected to cause death
2. ) Malice is implied if the act created an extreme risk

Question 3

3 ways to establish malice

Answer 3

1. ) intent to kill: the defendant acts with the purpose to kill another or with the knowledge that their conduct will kill another
   * *Deadly weapons doctrine: intent to kill may be inferred from the defendant’s use of an instrument designed to kill or used in a manner likely to kill or inflict grievous bodily harm. (e.g., swimming a bat at the victim’s head)
2. ) Intent to inflict serious bodily harm: conscious desire or substantial certainty that the defendant’s actions will result in the victim’s injury
3. ) Depraved heart murder: unintended killing resulting from extreme risk creation that manifests wanton disregard for human life. (e.g, Russian roulette)

Question 4

Depraved Heart Murder (elements)

Answer 4

The unintentional killing resulting should result from:

1. ) reckless or grossly negligent conduct;
2. ) that creates an extreme risk to others; and
3. ) which demonstrates a wanton indifference to human life and conscious disregard of an unreasonable risk of death or serious bodily injury.

Question 5

Felony Murder (elements)

Answer 5

1. ) a killing
2. ) proximately caused;
3. ) during the commission or attempted commission;
4. ) of a serious or inherently dangerous felony
   * If these requirements are met, malice is automatically implied.

Question 6

“Right type of Felony”

Answer 6

Must be one that is either 1.) listed in a statute; or 2.) independent of the killing AND inherently dangerous

BARRK - Burglary, Arson, Rape, Robbery, and Kidnapping

Question 7

“Right connection to Felony”

Answer 7

the death must be a foreseeable outgrowth of the felony. Liberally applied, only coincidences are ruled out.

Question 8

“Right Time” (Felony Murder)

Answer 8

The death must be the result of injuries inflicted during the commission, attempted commission, or immediate flight from the felony.

*the felony starts when the defendant could be convicted of attempt & terminates when the defendant reaches a place of temporary safety.

Question 9

Co-Felon Liability

Answer 9

Majority: felony murder liability is limited to a killing committed by the hand of a co-felon

• exempts felony murder liability for killings at the hands of non-felons
• some apply when a non-felon kills another non-felon (i.e., bystander aims at a felon but kills another bystander)

Question 10

First-Degree Murder

Answer 10

Proof that the defendant’s decision to kill was done with both premeditation and deliberation elevates second-degree murder to first-degree murder

Question 11

Premeditation

Answer 11

The defendant must think about the act of killing.

• Majority: some time is necessary, but “brief” is enough time to decide
• most jurisdictions require a jury to find that premeditation occurred after the intent to kill was formed.

Question 12

Deliberate

Answer 12

The defendant must make the deliberate choice to kill; this requires rational thought.

*voluntary intoxication or diminished capacity may prevent.

Question 13

Voluntary Manslaughter (Heat of Passion)

Answer 13

1. ) Intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought.
   * Adequate Provocation: objective standard, a provocation that would lead a reasonable person to lose self-control and fly into a sudden homicidal rage

• *mere words are generally not enough
• *Rage must be “hot” – no cooldown.

Question 14

Involuntary Manslaughter

Answer 14

Unintentional killing resulting from unjustified risk creation (recklessness or gross negligence) that is not sufficiently extreme to rise to level of implied malice

• occurs when the defendant did not intend to kill or expect their conduct to cause death, but death still results from unjustified risk creation.
• E.g., mishandling firearm, DUI, shaking baby.

Question 15

Misdemeanor-Manslaughter Rule

Answer 15

unintentional killing that occurs during the commission or attempted of a malum in se misdemeanor or a non-BARRK felony.

Question 16

Battery (elements)

Answer 16

A general intent crime established where the defendant:

1. ) unlawfully applied force (can be indirect, like a rock if the defendant puts it in motion)
2. ) does so intentionally, recklessly, or as a result of criminal negligence; and
3. ) does so without legal justification or excuse.

Question 17

Aggravated Battery (elements)

Answer 17

simple battery (misdemeanor) can be elevated to an aggravated battery (felony) when the defendant:

1. ) causes serious bodily harm;
2. ) uses a deadly weapon; or
3. ) injures a special category of victim (child, pregnant, cop).

Question 18

Defenses to battery

Answer 18

1. valid consent
2. self-defense and defense of others, as long as proportional force was used; and
3. ) prevention of crime, so long as proportional force was used.

Question 19

Assault (types & elements)

Answer 19

Incomplete Battery (2 types)

1. ) Failed attempted battery: proof that the D intended to actually batter a victim but failed.
   * no defense that V was unaware of assault or that D was not presently able to commit the battery, as long as he intended to.
2. ) Fear of Battery Assault: the D never intended to actually batter the victim, but instead, to put the victim in fear of an immediate battery.
   * The D must act with threatening conduct intended to cause a reasonable apprehension of imminent harm to V.
   * V must be aware of the threat of harm.

Question 20

Aggravated Assault

Answer 20

assault can rise to aggravated assault when:

1. ) the D commits the assault with a dangerous weapon;
2. ) the defendant acts with the intent to rape or murder the victim; or
3. ) the victim is specially protected by statute.

Question 21

False Imprisonment

Answer 21

confinement of one person by another when it is intentional, against the law, and the victim is fully confined.

Question 22

Kidnapping (elements)

Answer 22

a person commits the offense of kidnapping when they:

1. ) abduct or steal away any person;
2. ) without lawful authority or warrant; and
3. ) holds that person against his or her will.

Question 23

Rape (elements)

Answer 23

Sexual intercourse against a victims will by force, threat, or intimidation.

• any penetration, however slight, will satisfy the requirements for rape.
• mistake of fact can be a defense because there is no requirement to prove extrinsic force, but the mistake must be both honest and objectively reasonable.

Question 24

Larceny (elements)

Answer 24

The unlawful taking of property in someone else’s possession with the intent to permanently deprive or steal; this is a specific intent crime.

*No intent if the defendant thinks the property is theirs, no matter how unreasonable

*If, at the time of taking, the defendant intends to return the property to the victim unconditionally,
and within a reasonable time, no intent IF the defendant has the ability to return

Question 25

Continuing trespass doctrine

Answer 25

if the D trespassorily takes property, but at the time intends it to be temporary, and later decides to permanently deprive the owner of the property, the continuing trespass doctrine establishes a concurrence between the unlawful taking and the subsequent requisite intent to steal.