Crimes Against the Person

Question 1

Homicide

Answer 1

Engages in conduct
With a culpable mental state
That caused a death

Question 2

Open count

Answer 2

Charge all the homicides

Question 3

Murder

Answer 3

Premeditated
Depraved heart
Felony murder

Question 4

Manslaughter

Answer 4

Voluntary = heat of passion
Involuntary = negligence or misdemeanor

Question 5

Premeditated murder (1st degree)

Answer 5

Unlawful
Killing
Of another human
With malice aforethought (premeditation)

Question 6

Premeditation

Answer 6

Can be any amount of time
Totality of the circumstances

Question 7

Inferences of premeditation

Answer 7

Planning an activity
Motive
Nature of the killing

Question 8

Depraved heart

Answer 8

Extreme indifference to human life
Knowingly created a grave risk of death
Causes the death of another

Question 9

Felony murder

Answer 9

Anybody can be charged for a murder that takes place during a felony
Don’t have to pull the trigger
Some jurisdictions require a violent felony
Felony has to be close in time to the murder

Question 10

Special victims

Answer 10

Raises the penalty
Have to prove the mens rea of knowing they were that person (I.e. undercover cop)

Question 11

Voluntary manslaughter

Answer 11

Heat of passion
- adequate provocation (more than words)
- killing was done in the heat of passion
- no cooling off period
- causal connection between provocation, passion, and the act

Question 12

Assault

Answer 12

Attempted battery
In fear of immediate battery or apprehension of harm
Aggravating
- deadly weapon

Question 13

Battery

Answer 13

Touching of another
Not resulting in death
Aggravating
- deadly weapon
- great bodily injuries (lasting damage to a body part or organ)

Question 14

Kidnapping

Answer 14

Any movement
Against their will
Intent to cause harm