Crimes against the person

Question 1

CL murder

Answer 1

unlawful killing of a human being with malice aforethought.

MR: malice
AR: vol, invol act arising from a vol act, omission where there’s a duty
CIF: but-for
PXC: natural and probable conseq. CL: year & a day rule
-felony

Question 2

ways to establish malice for murder at CL

Answer 2

intent to kill
intent to cause serious bod harm
depraved-heart murder (wanton indiff to human life and conscious disregard of an unreasonable risk of death or serious bod inj)
felony
----
MD: lying in wait
poison
during dangerous felony

Question 3

felony murder els

Answer 3

• killing caused during commission
• dangerous felony (inherently or committed in a dangerous manner)
• death is a foreseeable outgrowth of D’s actions
• felony

Question 4

majority rule where there’s a felony happening, and a non-felon causes a death (sec guard misses the robbers and shoots a bystander)

Answer 4

no felony murder liability for the bad guy.

FM only extends when the killing is committed by one of the agents of the underlying felony

Question 5

1d murder

Answer 5

intent to kill
premeditation and deliberation (min: split second decision to kill is enough)
felony murder
some places, murder + lying in wait/ poison/ torture
-felony
—-
MD:
willful:spec purp
deliberate: full and conscious knowledge of the purpose to kill
premeditated: plan to kill preceded the killing by an appreciable amount of time

Question 6

2d murder

Answer 6

any murder that doesn’t meet the els of 1d murder
-felony
—
MD: intent to kill, but no deliberation and premed
-intent to inflict such serious bod harm that death is the likely result
-depraved heart: reckless and wanton unconcern and indiff as to whether anyone is harmed or not
-felony murder

Question 7

vol manslaughter

Answer 7

intentional killing mitigated by adequate provocation

[MBE: or other circ negating malice aforethought]

adequate provocation/ heat of passion killing: objective- such that a reas person would lose self control
-MD: finding spouse in bed with someone else isnt adequate prov
other mitigating circ: imperfect self defense
-felony

Question 8

invol manslaughter

Answer 8

unintentional killing without malice aforethought

caused by recklessness, crim neg, or during the commission or attempt of an unlawful act
-felony

Question 9

battery

Answer 9

MR: intentional/ reckless/ crim neg
AR: application of force to the person of the vic
CIF
PXC

Question 10

assault

Answer 10

attempted battery
MR: intent to injure

OR
intentionally causing vic to fear an immediate battery
MR: intend to cause reasonable apprehension of imminent harm.
AR: usu need an act, not just a threat
—
MD: includes CL crimes of assault and battery

Question 11

if D is found guilty of assault and battery,

Answer 11

they merge and D is found guilty only of battery

Question 12

mayhem

Answer 12

MR: intent to maim or do bodily inj
AR: act that dismembered vic or disabled use of a body part used in fighting  (modern: any permanent disfiguring)
CIF 
PXC
-felony

Question 13

false imprisonment

Answer 13

MR: intent to confine
AR: unlawful confinement 
bounded area 
no reas means of escape 
V aware of confinement or injured by it 
CIF 
PXC
----
MD: unlawful detention of a person against his will

Question 14

kidnapping

Answer 14

MR: intentional
AR: restraint of V’s liberty by force or show of force, V taken to another location
CIF
PXC
-felony
—-
MD: force or fraud
carry or cause person to be carried outside MD
w intent to have the person carried or cocealed

Question 15

rape

Answer 15

MR: general intent, so just intent to do the act
AR: unlawful sexual intercourse (penetration, however slight) without consent 
-consent is measured objectively 
CIF
PXC
-felony
----
MD: vaginal intercourse 
by force or threat of force
without consent