Crimes Against the Person Flashcards
Assault & Battery
Assault: 2 theories
1) Assault as a threat
2) Assault as attempted battery
Assault & Battery
Assault: As a threat
intentional creation of victim’s reasonable apprehension of imminent bodily harm
- Words alone usually sufficient
- General intent crime
Assault & Battery
Assault: As attempted battery
Specific intent crime because it involves attempt
Assault & Battery
Battery
An unlawful application of force to the person of antoher resulting in bodily injury or offensive touching
- A completed assault
- General intent crime
Assault & Battery
Assault & Battery: Aggravated counterparts
Both assault and battery have aggravated counterparts, which usually arise when the crime is carried out with use of a weapon
False Imprisonment & Kidnapping
False imprisonment
The unlawful confinement of a person without their consent
False Imprisonment & Kidnapping
Kidnapping
The unlawful confinement of a person that involves either:
- Some movement of the victim (asportation), or
- Concealment of the victim in an unknown, hidden, or secret location
Murder
Murder
The unlawful killing of another human being with malice aforethought
Murder
Murder: Malice aforethought
Arises when no mitigating facts reduce the killing to a lesser crime and D commits the killing with one of the following mental states:
- Intent to kill
- Intent to inflict great bodily injury
- Depraved/malignant heart
- Felony murder
Murder
Murder: Depraved/malignant heart
A killing committed with reckless indifference to an unjustifiable risk of human life
Murder
Felony murder
Killing caused during the attempt or commission of an inherently dangerous or statutorily enumerated felony
- Intent required is the intent needed to commit the underlying felony
Murder
Felony Murder: Common felonies
Burglary, arson, rape, robbery, kidnapping (BARRK)
Murder
Felony Murder: Limitations on Liability
- D must be guilty of underlying felony (felony defense = murder defense)
- Victim’s death must be a foreseeable result (proximate cause) of felony
- Victim’s death must be caused before D reaches place of temporary safety
- Majority rule: does not apply to death of co-felons
Murder
Murder: First degree
Arises if a killing is either
1) Deliberate and premeditated (specific intent)
2) Felonly murder
Murder
Murder: Second degree
A homicide not arising to first degree murder
- MBE assumes second-degree murder is “default”
Voluntary Manslaugter
Voluntary Manslaugter: Definition
A killing resulting from an adequate provocation (heat of passion killing) or imperfect self-defense
Voluntary Manslaugter
Voluntary Manslaugter: Adequate provocation elements
1) Provocation would cause sudden and intense passion in an ordinary person, causing him to lose self-control
2) D was in fact provoked (actually lost control)
3) There was insufficient time for an ordinary person to cool off between the provocation and the killing
4) D did not cool off between the provocation and the killing
- NOT a defense, but can reduce murder to voluntary manslaughter
Voluntary Manslaugter
Voluntary Manslaugter: Imperfect self-defense
If D murders while acting in self-defense, his criminal liability can be reduced to voluntary manslaughter if either:
- D initiated the altercation that required self-defense, or
- D unreasonably believed deadly force was necessary
Involuntary Manslaugter
Involuntary Manslaugter: Definition
A killing committed with criminal negligence or during the commission of an unlawful act not constituting felony murder
Involuntary Manslaugter
Involuntary Manslaugter: Criminal negligence
Arises if D is grossly negligent
E.g. D is texting while driving and hits and kills a pedestrian in a crosswalk
Involuntary Manslaugter
Involuntary Manslaugter: Commission of an unlawful act
- Misdemeanor (if act was inherently wrongful or death was a foreseeable or natural consequence of the misdemeanor act)
- Felony (one not giving rise to felony murder)
