Crimes Against the Person Flashcards
Homicide
Unlawful killing of a human being by another.
Committed as a result of a criminal state of mind (mens rea).
Done without a defense.
Homicide WITH malice is Murder.
Homicide WITHOUT malice is Manslaughter.
Murder
Requires malice.
The actus reus is the criminal act that causes death (an act + volition or omission when the defendant had a duty).
If the victim is already dying, speeding up the death is considered to be the cause-in-fact of the death.
Year and a Day Rule (Murder)
Common Law: a death that occurs after more than a year and a day is unforeseeable.
Majority: either eliminated the rule, or extended the time period, during which defendant can be responsible.
Malice is Established by:
(I) Intent to Kill: The defendant acts with the purpose to kill another or with knowledge that their conduct will kill another.
Deadly Weapons Doctrine: Intent to kill is inferred from the defendant’s use of an instrument that is designed to kill or that is used in a manner likely to kill or inflict grievous bodily harm (i.e. swinging a bat at someone’s head).
(II) Intent to Cause Serious Bodily Harm: The defendant acts with the conscious desire or substantial certainty that their act will result in the victim’s serious/grievous injury.
(III) Depraved-Heart Murder: Unintentional killing resulting from: (1) Reckless or grossly negligent conduct; (2) That creates an extreme risk to others; and (3) Demonstrates a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury.
(IV) Felony Murder.
Felony Murder
Malice is automatically established by causing death during the commission of the right type of felony.
Elements:
(1) An intentional or accidental killing;
(2) proximately caused;
(3) during the commission or attempted commission;
(4) Of a serious or inherently dangerous independent felony (BARRK).
BARRK: Burglary, Arson, Rape, Robbery, and Kidnapping.
The death must be a foreseeable outgrowth of the felony.
The death must be the result of injuries inflicted during the commission, attempt, or immediate flight from a felony. Terminates when defendant reaches temporary safety.
Co-felon Responsibility in Felony Murder
When a crime is committed by multiple people and the victim is killed by one felon, whether the co-felon is responsible for that killing will vary depending on jurisdiction:
Modern majority agency rule: limits felony murder responsibility to a killing committed by a co-felon (excludes killings committed by non-felons).
Common law: Felony murder responsibility attaches to all felons for any homicide committed during a felony. Only requires that killing be proximately caused by the commission of the felony.
Exceptions:
Non-violent felon - Minority common law rule: A co-felon is exempt from felony murder responsibility if they are not armed and did not participate/have knowledge of the other co-felon’s intent.
Deserving victim - Minority common law rule: A co-felon is exempt from felony murder responsibility when anyone kills another co-felon.
Redline limitation - Majority common law rule: A co-felon is exempt from felony murder responsibility if the police or victim kills a co-felon.
First-Degree Murder
Common law and most degree jurisdictions: Proof that the defendant’s decision to kill was done with both premeditation and deliberation elevates second-degree to first-degree murder.
Premeditation means the defendant must think about the act of killing:
Common law: Can premeditate immediately.
Modern Majority: Some time is necessary to think, but it can be brief. Most jurisdictions require that the premeditation occurred after the intent to kill was formed, which means proof of some reflection.
Deliberation means the defendant must make a deliberate choice to kill, which requires rational thought.
Voluntary intoxication or diminished capacity may prevent deliberation.
Second-Degree Murder
any killing with malice, but without the additional element to prove first-degree murder.
Voluntary Manslaughter
Heat of Passion: an intentional killing mitigated by adequate provocation or other circumstances negating malice.
(I) Adequate Provocation:
(1) Objective component: 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 and rage must be hot (no time to cool off).
(2) Subjective component: There must be a casual connection between the provocation and the killing, and the defendant must actually have been provoked.
(II) Mitigating circumstances:
Minority: Mental disturbance short of insanity.
Majority: An honest but unreasonable judgement of necessity to use homicidal self-defense or defense of others (Imperfect Self-defense).
Involuntary Manslaughter
An unintentional killing resulting from unjustified risk creation (recklessness or gross negligence) that is not sufficiently extreme to rise to the level of implied malice.
Recklessness: The defendant is subjectively aware of the risk and ignores it.
Gross Negligence: The defendant is unaware of the risk, but a reasonable person would have been aware.
Misdemeanor Manslaughter (Majority)
An unintentional killing that occurs during the commission or attempted commission of a misdemeanor that is malum in se, or a felony that is not of the inherently dangerous type required for felony murder.
Battery
General intent crime established when:
(1) The defendant unlawfully applies force (can be indirect);
(2) The defendant does so intentionally, recklessly, or as a result of a criminally negligent state of mind; and
(3) The defendant has no legal justification or excuse.
Majority: Simple battery (misdemeanor) can be elevated to aggravated battery (felony) when the defendant (I) causes serious bodily injury; (II) uses a deadly weapon; or (III) there is a special category of victim.
Defenses:
(I) Valid consent;
(II) Self-defense and defense of others as long as proportional force is used; or
(III) Prevention of a crime so long as proportional force is used.
Assault
A Specific intent crime established by:
Common law: only by an attempted battery. Because there requires a specific intent to commit a battery, recklessness or negligence won’t suffice.
Modern Majority: A defendant commits a criminal assault by attempting to commit battery or by intentionally causing the victim to fear an immediate battery.
Failed attempted battery: requires proof that the defendant intended to actually batter a victim, but failed. So long as the defendant intended to commit battery, there is no defense that the victim was not aware of the assault or that the defendant was not presently able to commit the battery.
Fear of battery assault: The defendant never intended to actually batter the victim, but instead, intended to put the victim in fear of an immediate battery. The defendant must act with threatening conduct intended to cause reasonable apprehension of imminent harm to the victim.
Reasonable apprehension:
(I) This requires more of an “expectation” than a “fear”
(II) The victim must be aware of the threat of harm.
(III) No assault when a reasonable person would not expect imminent bodily harm.
Assault can rise to aggravated felony assault when:
(I) The defendant commits assault with a dangerous weapon;
(II) The defendant acts with intent to rape or murder; or
(III) the victim is specially protected by statute.
Mayhem
Common law: Intent to main or do bodily injury accompanied by an act that either:
(I) Dismembers; or
(II) Disables the victim’s use of some body part useful in fighting.
Modern Majority: expanded to include permanent disfigurement.
The crime is aggravated battery in jurisdictions that do not recognize the crime of mayhem.
False Imprisonment
The confinement of one person by another when it is (1) intentional, (2) against the law, and (3) the victim is fully confined.
