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Criminal Law > Crimes Against the Person > Flashcards

Crimes Against the Person Flashcards

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1
Q

Assault & Battery

Assault: 2 theories

A

1) Assault as a threat

2) Assault as attempted battery

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2
Q

Assault & Battery

Assault: As a threat

A

intentional creation of victim’s reasonable apprehension of imminent bodily harm

  • Words alone usually sufficient
  • General intent crime
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3
Q

Assault & Battery

Assault: As attempted battery

A

Specific intent crime because it involves attempt

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4
Q

Assault & Battery

Battery

A

An unlawful application of force to the person of antoher resulting in bodily injury or offensive touching

  • A completed assault
  • General intent crime
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5
Q

Assault & Battery

Assault & Battery: Aggravated counterparts

A

Both assault and battery have aggravated counterparts, which usually arise when the crime is carried out with use of a weapon

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6
Q

False Imprisonment & Kidnapping

False imprisonment

A

The unlawful confinement of a person without their consent

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7
Q

False Imprisonment & Kidnapping

Kidnapping

A

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
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8
Q

Murder

Murder

A

The unlawful killing of another human being with malice aforethought

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9
Q

Murder

Murder: Malice aforethought

A

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
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10
Q

Murder

Murder: Depraved/malignant heart

A

A killing committed with reckless indifference to an unjustifiable risk of human life

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11
Q

Murder

Felony murder

A

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
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12
Q

Murder

Felony Murder: Common felonies

A

Burglary, arson, rape, robbery, kidnapping (BARRK)

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13
Q

Murder

Felony Murder: Limitations on Liability

A
  • 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
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14
Q

Murder

Murder: First degree

A

Arises if a killing is either

1) Deliberate and premeditated (specific intent)
2) Felonly murder

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15
Q

Murder

Murder: Second degree

A

A homicide not arising to first degree murder

  • MBE assumes second-degree murder is “default”
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16
Q

Voluntary Manslaugter

Voluntary Manslaugter: Definition

A

A killing resulting from an adequate provocation (heat of passion killing) or imperfect self-defense

17
Q

Voluntary Manslaugter

Voluntary Manslaugter: Adequate provocation elements

A

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
18
Q

Voluntary Manslaugter

Voluntary Manslaugter: Imperfect self-defense

A

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
19
Q

Involuntary Manslaugter

Involuntary Manslaugter: Definition

A

A killing committed with criminal negligence or during the commission of an unlawful act not constituting felony murder

20
Q

Involuntary Manslaugter

Involuntary Manslaugter: Criminal negligence

A

Arises if D is grossly negligent

E.g. D is texting while driving and hits and kills a pedestrian in a crosswalk

21
Q

Involuntary Manslaugter

Involuntary Manslaugter: Commission of an unlawful act

A
  • 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)

Criminal Law (7 decks)

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