crimes against the person

Question 1

assault

Answer 1

intentional creation of victim’s reasonable apprehension of imminent bodily harm or an attempted battery

Question 2

battery

Answer 2

general intent crime; an unlawful application of force to the person of another resulting in bodily injury or offensive touching

Question 3

rape - lack of consent

Answer 3

consent will not be found if:
1) penetration accomplished by force/threat of immediate bodily harm
2) victim is incapable of consenting due to lack of capacity
3) victim is fraudulently caused to believe the act is not intercourse

Question 4

false imprisonment

Answer 4

unlawful confinement of a person without their consent

Question 5

kidnapping

Answer 5

the unlawful confinement of a person that involves either some movement of the victim or concealment of the victim in an unknown, hidden, or secret location

Question 6

murder

Answer 6

the unlawful killing of another human with malice aforethought

Question 7

malice aforethought

Answer 7

arises when no mitigating facts reduce killing to a lesser crime and D commits the killing with one of the following mental states:
1) intent to kill
2) intent to inflict great bodily injury
3) depraved/malignant heart
4) felony murder

Question 8

first-degree murder

Answer 8

arises if a killing is either deliberate and premeditated or felony murder

Question 9

second-degree murder

Answer 9

a homicide not arising to first-degree murder; often “default murder” on MBE

Question 10

felony murder

Answer 10

a killing that occurs during the attempt or commission of inherently dangerous felonies or statutorily enumerated felonies; D must be guilty of the underlying felony

Question 11

voluntary manslaughter

Answer 11

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

Question 12

adequate provocation elements

Answer 12

1) provocation would cause sudden and intense passion in an ordinary person
2) D was in fact provoked
3) insufficient time to cool off between provocation and killing
4) D did not cool off between provocation and killing

Question 13

imperfect self-defense

Answer 13

if D murders while acting in self-defense, 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

Question 14

involuntary manslaughter

Answer 14

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