Crimes Against the Person Flashcards
Common Law Murder
Unlawful killing with malice
caused by a
Voluntary Act
involuntary act arising from a voluntary act
or omission
Must be the actual and proximate cause
Death results within one year and one day of the act
Homicide
Killing caused by another with
criminal intent and
without legal excuse or justification
Circumstances creating liability for death where D did not commit the acts causing death
- Accomplice
- conspiracy
- Substantial factor
- Co-Felon Liability
Intent to Kill Murder
consciously desires to kill another
or makes death an inevitable result,
absent justification, excuse, mitigation, or voluntary manslaughter.
Specific Intent Crime
Deadly Weapons Doctrine
intent to kill is inferred from intentional use of an instrument calculated to produce death or serious bodily injury.
Intent to Cause Serious Bodily Harm
Conscious desire or substantial certainty
actions will result in victims injury.
inferred by intentional use of any deadly weapon
in a way likely to cause serious injury.
Depraved-Heart Murder
unintentional killing -
Conduct involving wanton indifference to human life
conscious disregard of unreasonable risk of death or serious injury.
Where D creates such a risk for a logical and socially reasonable purpose, conduct would not be depraved heart murder
ie. encouraging someone to play Russian Roulette with one bullet in the chamber - depraved heart murder.
Felony Murder
Unintentional Killing
Proximately caused
during the commission or attempted commission of
a serious or inherently dangerous felony
Jurisdictional Limitations on Felony Murder Rule
- Underlying felony is collateral - independent of the homicide.
- Inherently Dangerous - burglary, arson, robbery, rape, kidnapping.
- Some have expanded definition beyond ‘inherently dangerous’ and those that are dangerous by the manner of commission, while a minority restrict it to inherently dangerous felonies only.
When a felony begins and ends for purposes of the felony murder rule
Starts when D can be convicted of attempting the underlying felony
Felony need not be completed
Ends when the felon has reached a place of temporary safety.
Agency Theory for Felony Murder (Majority Rule)
No liability for death caused by a non-felon.
Killing must be caused by an agent of the underlying felony.
Vicarious Liability for Felony Murder - Common Law Rule
All felons are liable for killings occurring during the perpetration of a felony regardless of who commits them.
First Degree Murder
committed with premeditation and deliberation
Cannot have implied malice
Premeditation requires some quantity of thought.
Deliberation requires some rational thought to make a deliberate choice to kill.
Voluntary intoxication or diminished capacity may disable the ability to think rationally.
Other elements may be added by legislature that can elevate murder to 1st degree murder such as felony murder, lying in wait, poison, terrorism.
Second Degree Murder
Any intentional killing with malice but without additional element to make it 1st degree.
Voluntary Manslaughter
intentional killing without Malice
mitigated by adequate provocation or
other circumstance negating malice
Sudden heat of passion - where a reasonable person would have been driven to a homicidal rage. Mere words are not enough.
Adequate Provocation for Voluntary Manslaughter
Objective Std -
reasonable person would lose control and did not ‘cool off’
causal connection with grounds for provocation
mere words inadequate
Other Mitigating Circumstances sufficient to reduce murder to voluntary manslaughter.
- Imperfect Self Defense -
honest but unreasonable belief in necessity to use deadly force in self defense. - Diminished Mental Capacity - mental disturbance short of insanity
Involuntary Manslaughter
unintentional killing resulting from unjustifiable risk creation.
Not sufficiently extreme to rise to implied malice.
caused by
recklessness - subjective awareness of risk but ignores it
criminal negligence - should have been aware of risk
during the commission of or attempted commission of an unlawful act.
Misdemeanor-Manslaughter Rule
unintentional killing during the commission of a misdemeanor
that is malum in se (battery or assault), or a
felony not inherently dangerous
The misdemeanor need not be independent cause of death.
Assault and Battery at Common Law
Considered only misdemeanors and therefore could not be used as underlying felonies for purpose of felony murder
Battery
Intentional, reckless, or criminally negligent
application of force
to the victim.
General Intent Crime
force may be direct or indirect.
need not be applied directly by D if d put force in motion
Circumstances elevating Battery to Aggravated Battery
- Cause Serious Bodily injury
- use of a deadly weapon
3 Special Victim - woman, child, or law enforcement officer
Criminal Assault - 2 types
Either
Attempt to commit battery
intentional causing victim to fear immediate battery
Majority Rule Attempted Battery
- requires intent to commit battery.
- intent to frighten is not sufficient
- Intent to injure is required -
recklessness or negligence is not sufficient - Victim unaware not a defense to ATTEMPTED battery
- Lack of ability not a defense in most states however a minority of states do require the ability to commit the battery
Reasonable apprehension
Threat must be to commit a present battery,
not a future action
Any threatened contact, including offensive or insulting is sufficient
Victim need not be afraid, only reasonably anticipate that D’s actions will result in bodily harm.
* An unaware victim will negate the element.
Mayhem
intent to maim or cause bodily injury accompanied by:
- dismemberment
- disabling use of body part useful in fighting
Modern law includes permanent disfigurement
Aggravated Assault conditions
D commits an assault with a dangerous weapon or
D acts with the intent to seriously injure, rape, or murder the victim
False Imprisonment
Intentional, unlawful confinement of a person and not privileged
Victim must be fully confined
Confinement not limited by method
Victim not required to resist or attempt to escape where D has apparent ability to effectuate threats.
Kidnapping - common law and modern
At common law - unlawful restraint by force to send the victim to another country
Modern law - sufficient if victim is taken to another location or concealed
Aggravated Kidnapping (certain states)
Restraint of a small child
kidnapper is masked
holding the victim for ransom
takes for purpose of robbery or sexual offense
Rape at Common Law
unlawful sexual intercourse penetration by male with a female without consent by force.
A man could not rape his wife at common law.
Traditionally force was required
now May be accomplished by mere threat - force not required
If the victim is incapable of consent it is rape
Inherently dangerous felonies
Barrk
Burglary Arson Robbery Rape Kidnapping
Timeline for Death at Common Lawand Resulting Homicide
If the death resulted more than one year and one day after D’s act, D was not the legal cause of death.
Most states have abrogated this rule or extended the period.
4 Circumstances where D who does not personally kill V is liable anyway.
- Accomplice Liability
- Conspiracy
- Substantial Factor
- Co-Felon Liability - Felony Murder
deadly weapon doctrine
Intent to kill is inferred
use of instrument designed to kill
or used in a manner likely to kill or inflict grievous bodily harm.
Requirement of collateral (independent) felony for felony murder rule
A felony where the primary felonious purpose IS NOT to cause serious physical harm will be independent or collateral sufficient for FM rule.
Felonies that fail this test are - manslaughter, aggravated battery, aggravated assault, and mayhem.
Requirement that the independent felony be inherently dangerous for Felony Murder to apply
The inevitable secondary effect of the felony is serious risk to human life.
Felonies that are both independent and inherently dangerous as usually qualifying for felony murder rule.
BARRK
Burglary - absent intent to harm someone in the home Arson Rape Robbery Kidnapping
Having the right connection to the felony element - felony murder rule
death is a foreseeable outgrowth of the felony.
Deaths totally unrelated to the felony
occur as mere coincidence
are excluded from felony murder rule
Right time of killing for felony murder to apply
The killing is the result of the injuries inflicted during the commission, attempt or flight from the felony.
The felony starts from the point D could be convicted of attempt to commit the felony and ends when the felon reaches a place of temporary safety
Circumstances that will strip malice from an intentional killing
- Adequate provocation triggering sudden heat of passion.
- Diminished mental capacity
- Imperfect self defense
Felony Murder Analysis
Right type of felony - independent inherently dangerous
Right Connection to the felony - foreseeability
Right time of death
if a non-killer, right connection to the killer - non-violent felon exception; deserving victim exception; redline limitation
2 types of assault
Failed Battery Assault - know imminent apprehension
Fear of battery Assault - imminent apprehension
Aggravated Battery Circumstances
D caused serious injury
Use of a deadly weapon
D batters a special victim - child, woman, police
Defenses to Battery
Consent - though not to breach of peace
Self Defense and Defense of others with proportional force
Prevention of Crime - proportional force
Felony Murder Common Law Exceptions:
Non-Violent Felony Exception
Non-violent co-felons are exempt from felony murder liability
Felony Murder at Common Law Exceptions:
Deserving Victim Exception
Felony Murder exemption for killing of a co-felon
Felony Murder at common law exceptions:
Redline Limitation
All killings at the hand of a non-felon when the killing is a justifiable or excusable homicide.
ie. police officer responding to felony kills someone justifiably, no felony murder liability.
All murders require what?
Malice
How to erase malice
- Imperfect Self Defense
- Heat of passion
- voluntary intoxication
Defenses to Battery
Consent
Proportional Self Defense
Proportional Defense of Others
Prevention of a Crime - Proportional Force
Assault - Defined
Incomplete Battery
- Failed Attempted Battery - if D intended battery, V need not be aware of battery, D need not be able to complete battery.
- Fear of Battery Assault - D puts V in fear of immediate battery. D acts with threatening conduct to place V in fear of imminent battery.
Elevating Factors for Aggravated Assault
use of a weapon
Intent to rape or murder
special victim
Rape, Consent, Modern Objective Test
Reasonable person in defendants situation
would have known victims lack of consent
it is rape
Mistake of fact can be a defense - must honest and reasonable
