Crimes Against the Person

Question 1

Crimes against persons

Answer 1

Murder
Manslaughter
Felony Murder
Battery
Assault
False Imprisonment
Kidnapping
Rape

Question 2

Common Law Murder

Answer 2

Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought requires one of the following states of mind:
-Intent to kill
-Intent to inflict great bodily harm
-Reckless indifference to an unjustifiably high risk to human life
-Intent to commit a felony

Question 3

Murder Degrees

Answer 3

First Degree = premeditated or committed during commission of (or an attempt to commit) an enumerated felony (BARRK)

Second Degree = any other murder

Question 4

Felony Murder Limitations

Answer 4

-a defense that negates an element of the underlying offense will be a defense to felony murder
-the felony must be distinct from the killing itself
-death must have been a foreseeable result of the felony
-death must have been caused before felon has reached a place of temporary safety
-not typically liable for death of a co-felon
-liable for deaths of innocent victims (proximate cause theory) OR only liable for those deaths if committed by a felon or accomplice

Question 5

Voluntary Manslaughter

Answer 5

Murder is lowered to voluntary manslaughter if there was adequate provocation that would arouse sudden and intense passion in the mind of an ordinary person such that they would lose self-control, the defendant was provoked, there was not enough time for a reasonable person to cool off, and the defendant did not cool off.

Murder may also be lowered to voluntary manslaughter if the defendant unreasonably but honestly believed he needed to respond with deadly force.

Question 6

Involuntary Manslaughter

Answer 6

A killing will be involuntary manslaughter if it was committed with criminal negligence (common law) or recklessness (MPC) or it was committed during the commission of an unlawful misdemeanor or un-enumerated felony.

Question 7

Battery Elements

Answer 7

1. Unlawful application of force
2. To the person of another
3. Resulting in bodily injury or offensive touching

Question 8

Assault Elements

Answer 8

1. An attempt to commit a battery or
2. The intentional creation (other than by mere words) of a reasonable apprehension of imminent bodily harm

Question 9

False Imprisonment Elements

Answer 9

1. Unlawful confinement of a person (MPC requires the confinement to interfere substantially with victim’s liberty)
2. Without the person’s valid consent

Question 10

Kidnapping

Answer 10

Unlawful confinement of a person that involves

1. Some movement of the victim or
2. Some concealment of the victim in a secret place

Question 11

Rape

Answer 11

1. Penetration
2. Without effective consent
3. In the absence of a marital relationship

Consent is ineffective if:
-actual force
-threats of immediate bodily harm
-incapable of consenting