Crimes against the Person

Question 1

Murder/Define

Answer 1

Murder is the killing of another with malice aforethought.

Question 2

Murder/Malice Aforethought

Answer 2

Malice aforethought refers to intent to kill, intent to inflict serious bodily harm, reckless indifference to unjustifiably high risk to human life (“depraved heart”), and felony murder.

Question 3

Voluntary Manslaughter/Define

Answer 3

Voluntary manslaughter is a killing of another with adequate provocation (VAP!).

Question 4

Voluntary Manslaughter/Adequate Provocation

Answer 4

Adequate provocation is a sudden intense passion an ordinary person that causes him to loose self-control, and there is no cooling off period. -Insults and taunting followed by a sudden physical act would cause an ordinary person to be provoked.

Question 5

Felony Murder/Define

Answer 5

Felony murder is the killing of another during the commission of a felony.

Question 6

Felony Murder/Must(3)

Answer 6

Defendant must be guilty of the underlying the underlying felony. The killing must have been caused by the defendant or accomplice. The killing must occur before defendant reaches a temporary safety place.

Question 7

Felony Murder/Liability

Answer 7

Under conspiracy and accomplice liability, all participants in the felony will be liable for murder if the killing was foreseeable.

Question 8

Involuntary Manslaughter/Define

Answer 8

Involuntary manslaughter is a killing of another because of gross negligence.

Question 9

Battery/Define

Answer 9

Criminal battery is an unlawful application of force resulting in bodily injury or offensive touching to another.