Crimes against the person

Question 1

homicide

Answer 1

the unlawful killing of a human being by another

homicide with malice = murder
homicide without malice = manslaughter

Question 2

elements of murder

Answer 2

1. an unlawful killing
2. of a human being
3. with malice aforethought

Question 3

what is the actus reus and mens rea of murder?

Answer 3

actus reus: criminal act that causes death (an act + voluntary or omission when the defendant had a duty)

mens rea: express malice (act expected to cause death) or implied malice (felony murder)

Question 4

3 ways to establish malice

Answer 4

1. intent to kill
2. intent to inflict serious bodily injury
3. depraved-heart murder

Question 5

intent to kill

Answer 5

D acts with the purpose to kill another or with knowledge that their conduct will kill another.

Question 6

deadly weapons doctrine

Answer 6

intent to kill may be inferred from the D’s use of an instrument designed to kill or used in a manner likely to kill or inflict serious bodily harm. (swinging a bat at V’s head)

Question 7

intent to cause serious bodily harm

Answer 7

The defendant acts with the conscious desire or substantial certainty that their act will result in the victim’s serious/grievous injury. No intent to kill, but V ends up dying.

Serious/grievous bodily harm = significant but not fatal injury.

Question 8

Depraved heart murder

Answer 8

unintentional killing resulting from:
1. reckless or grossly negligent conduct
2. that creates an extreme risk to others; and
3. demonstrates a wanton indifference to human life.

Question 9

Year and a day rule

Answer 9

At common law, a death that occurs after more than a year and a day is unforeseeable. If occurred more than a year and a day, defendant is not responsible.

Question 10

Felony murder

Answer 10

1. a killing
2. proximately caused
3. during the commission or attempt
4. of an inherently dangerous felony (BARRK)
   –burglary, robbery, rape, arson, kidnapping

Question 11

right time for felony murder

Answer 11

the death must be the result of injuries inflicted during the commission, attempt, or immediate flight from a felony

-clock starts ticking at time of attempt, and runs until that person reaches temporary safety

Question 12

right connection to felony murder

Answer 12

the death must be a foreseeable outcome of the felony (liberally applied, only coincidences are ruled out)

Question 13

Co-felon responsibility (modern majority rule)

Answer 13

a co-felon is liable for all killings by co-felons

Exempts felony murder responsibility for killings committed by non-felons. (if victim shoots a co-felon)

Question 14

co-felon responsibility (common law)

Answer 14

Co-felons are liable as long as the killing are proximately caused by the commission of the felony. (doesn’t matter who kills and who dies)

Question 15

first-degree murder

Answer 15

killing that is premeditated and deliberate

Question 16

premeditation

Answer 16

means the defendant must think about the act of killing.

Common law – Can premeditate immediately.

Modern majority – Some time is necessary to think, but it can be brief.
Most jurisdictions require that the premeditation occurred after the intent to kill was formed, which means proof of some reflection.

Question 17

deliberation

Answer 17

D makes deliberate choice to kill, which requires rational thought

voluntary intoxication or diminished capacity may prevent deliberation.

Question 18

second-degree murder

Answer 18

killing with malice but without premeditation and deliberation

Question 19

voluntary manslaughter

Answer 19

(heat of passion)
An intentional killing that has been downgraded due to mitigating factors negating malice:

Adequate provocation (“heat of passion”);
Imperfect self-defense; or
Diminished capacity

Question 20

elements of an adequate provocation

Answer 20

1. D acted in response to provocation that would have lead an ordinary, reasonable-person to lose self control (mere words not enough);
2. There was insufficient time to cool off (subjective standard); and
3. D had not cooled off and was “in the heat of passion” at the time of the killing

Question 21

imperfect self-defense

Answer 21

An honest but unreasonable judgment of necessity to use homicidal self-defense or defense of others.

Question 22

In what scenarios does imperfect self-defense exist?

Answer 22

-D was unreasonably mistaken about the danger;
-D was unreasonably mistaken about the need for deadly force; or
-D was the aggressor

Question 23

involuntary manslaughter

Answer 23

unintentional killing committed with gross negligence (criminal); or
during the commission of a misdemeanor or other unlawful act

(ex- mishandling loaded weapons, DUI, shaken baby)

Question 24

misdemeanor-manslaughter

Answer 24

(majority rule)
unintentional killing that occurs during the commission or attempt of a malum in se misdemeanor or non-BARRK felony.

Question 25

battery

Answer 25

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

Question 26

mens rea for batter

Answer 26

general intent crime- only intent to do the contact or touching.

Question 27

when battery can be elevated to aggravated battery

Answer 27

when D: -causes serious bodily injury -uses a deadly weapon; or -there is a special category of victim (child, pregnant woman, or police officer)

Question 28

common defenses to battery

Answer 28

-valid consent (think people playing football) -self-defense or defense of others -prevention of a crime

Question 29

assault

Answer 29

1. unsuccessful attempt to commit battery; or 2. placing another in apprehension of immediate harm

Question 30

When does V have reasonable apprehension of imminent harm?

Answer 30

When V reasonably anticipates that D’s act(s) will result in immediate bodily harm or offensive contact (subjective standard) Words must be in conjunction with an overt threatening act or gesture to constitute assault.

Question 31

common law rule for assault

Answer 31

attempted battery is the only way to commit criminal assault.

Question 32

when assault can be elevated to aggravated felony assault

Answer 32

1. The defendant commits assault with a dangerous weapon. 2. The defendant acts with the intent to rape or murder; or, 3. The victim is specially protected by statute. Kids, pregnant women, police officers

Question 33

Mayhem

Answer 33

common law: -intent to maim or do bodily injury; and -act that either dismembers or disables the V modern majority: expanded to include permanent disfigurement.

Question 34

false imprisonment

Answer 34

elements: 1. the unlawful and intentional 2. confinement of one person by another 3. that person is fully confined

Question 35

kidnapping

Answer 35

when a person intentionally abducts another by means of force or the threat of force. abduction (modern majority): V is taken to another location or secretly confined where they are not likely to be found.

Question 36

common law rape

Answer 36

1. carnal knowledge of a woman not his wife 2. against her will; and 3. by force or threat

Question 37

modern majority rape

Answer 37

slightest penetration + lack of consent -honest and reasonable mistake of fact can be a defense.

Question 38

statutory rape

Answer 38

D has intercourse with a person below the statutorily prescribed age of consent (usually 16), even if the victim expresses consent. *strict liability

Question 39

bigamy

Answer 39

when one individual is married to more than one person *strict liability

Question 40

incest

Answer 40

crime or sexual relations between individuals whoa re closely related.