Crimes Against the Person Flashcards
Assault as a Threat
General Intent Crime
Intentional creation of victim’s reasonable apprehension of imminent bodily harm (words alone are usually insufficient)
Assault as an Attempted Battery
Specific intent crime
Specific intent crime because it involves attempt
Battery
General Intent Crime
An unlawful apprehension of force to the person of another resulting in bodily injury. or offensive touching
Aggravated Assault/Battery
Usually arise when the assault or battery is carried out with the use of a weapon
Rape - Common Law
Unlawful carnal knowledge of a woman by a man other than her husband without effective consent
Rape - Modern Statutes
Often referred to as “sexual assault”
the slightest penetration is sufficient to complete the crime
Marital status insignificant
Rape - Modern Statutes (Finding Lack of Consent - 3)
Consent will not be found if either:
1) penetration is accomplished by force or threat of immediate bodily harm
2) Victim is incapable of consenting due to lack of capacity (e.g. unconsciousness, intoxication, etc.) or
3) Victim is fraudulently caused to believe the act is not intercourse
False Imprisonment
The unlawful confinement of a person without their consent
Consent cannot be obtained through coercion, threat, or deception
Can become kidnapping if the victim is moved and/or concealed
Kidnapping (2)
The unlawful confinement of a person that involves either:
1) some movement of the victim (a.k.a.”asportation”) or
2) Concealment of the victim in an unknown, hidden, or secret location
Murder - Definition
The unlawful killing of another human with malice aforethought
Murder - 4 Mental States
1) Intent to Kill
2) Intent to inflict great bodily injury
3) Depraved / malignant heart
4) Felony 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 = the intent necessary to commit the underlying felony
Statutorily Enumerated Felony = statute dictates that a killing resulting from the crime constitutes felony murder
Murder - Causation
D’s act must be both the actual and proximate cause of the victim’s death
Any act by D hastening the victim’s death, even if already inevitable, is considered a cause
First-Degree Murder (2)
Arises if a killing is either:
a) Deliberate & premeditated: D must have killed in a dispassionate manner and must have considered or reflected on his killing, even if only momentarily (specific intent crime = VI and mistake of fact are defenses
b) Felony Murder: Killing during an enumerated felony (many states list felonies that may serve as the basis for felony murder)
Second-Degree Murder
A homicide not arising to first-degree murder
Felony Murder - Definition
A killing that occurs during the attempt or commission of certain enumerated felonies
- Intent to commit felony murder = the intent necessary to commit the underlying felony
- Common felonies include burglary,, arson, rape, robbery and kidnapping
Felonies Allowing for Felony Murder
1) Inherently dangerous felonies
2) Statutorily enumerated felonies (i.e. a criminal statute states that a killing occurring during its commission constitutes felony murder)
Limitations on Liability for Felony Murder (5)
D must be guility of the underlying felony (valid defense to the underlying felony are also defenses to felony murder)
The underlying felony itself must be independent of a killing (e.g. involuntary manslaughter cannot be felony murder)
Victim’s death must be caused be foreseeable result (proximate cause)
Victim’s death must be caused before D reaches a place of temporary safety
D is not liable for the death of a co-felon killed by police or the original victim in a majority of states
Voluntary Manslaughter - Definition
A killing resulting from an adequate provocation (heat of passion killing) or imperfect self-defense
Voluntary Manslaughter - Adequate Provocation Required Elements (4)
1) Provocation would cause sudden and intense passion in an ordinary person, causing him to lose self-control
2) D was in fact provoked (i.e. D actually lost control)
3) There was insufficient time for an ordinary person to cool off between the provocation and the killing (very subjective and fact-based
4) D did not cool off between the provocation and the killing (Note: adequate provocation is not a defense to murder but it is a mitigating factor)
Voluntary Manslaughter - Imperfect Self-Defense (2)
If D murders while acting in self-defense, his criminal liability can be reduced to voluntary manslaughter if either:
1) D initiated the altercation that required self-defense, or
2) D unreasonably believed deadly force was necessary (not recognized in all jurisdictions
Involuntary Manslaughter - Definition
A killing committed with criminal negligence or during the commission of an unlawful act not constituting felony murder
Involuntary Manslaughter - Criminal Negligence
Arises if D is grossly negligent
e.g. D is texting while driving and hits and kills a pedestrian in a crosswalk
