Crimes against the Person Flashcards
What are the elements for CL murder?
1) Causing the death; 2) of another person with 3) malice aforethought. Mental state: The req. of “malice aforethought” is satisfied if the ∆ has any of the following four mental states: 1) the intent to kill 2) the intent to inflict serious bodily harm 3)extreme recklessness, meaning reckless indifference to human life and 4) the intentional commission of an inherently dangerous felony (felony murder)
What are the 2 special rules for CL “intent to kill” murder?
1) Deadly weapon rule = the intentional use of a deadly weapon creates an INFERENCE of an intent to kill 2) Transferred intent = if a ∆ intends to harm one victim, BUT accidentally harms a DIFFERENT victim instead, the ∆’s intent will TRANSFER from the intended victim to the actual victim NOTE: applies most frequently to murder, but can also apply to other crimes, such as battery and arson EXCEPTION: transferred intent does NOT APPLY to attempts, only to crimes w/ “completed harms”
What are the 2 versions of AND the req’d mentals state for CL criminal assault?
Version 1 = attempted battery (i.e. a swing/miss) Version 2 = reasonable apprehension, which reqs… 1) The intentional creation; 2) Other than by mere words; 3) of a reasonable apprehension in the mind of the victim; 4) of imminent bodily harm (i.e. a fake punch) Mental state = specific intent
What are the 3 elements of ANDreq’d mental state for CL criminal battery?
Battery = 1) the unlawful; 2) application of force to another; 3) resulting in EITHER bodily injury OR an offensive touching Mental state = general intent
What are the 3 elements of AND the req’d mental state for CL criminal false imprisonment?
False imprisonment = 1) the unlawful; 2) confinement of a person; 3) w/out his consent Mental state = general intent
What is CL felony murder AND its 6ltds?
Felony murder = ANY killing caused during the commission of OR attempt to commit a felony 6 ltds = 1) ∆ must be GUILTY of the underlying felony (Defense to felony = defense to felony murder) 2) Felony must be inherently dangerous 3) The merger rule: the felony must be INDEPENDENT of the killing i.e. aggrevated assault or battery CANNOT be the underlying crime for felony murder 4) Killing must take place DURING the felonyOR during the immediate flight from the felony Once ∆ reaches place of temporary safety, the felony ends 5) Death must be foreseeable 6) Victim must NOT be a co-felon
What are the 2 vicarious liability theories under CL felony murder?
1) “Proximate cause” theory (majority rule - including NY) = if one of the co-felons proximately causes the victim’s death, then ALL of the other co-felons will be guilty of felony murder, EVEN IF the actual killing is committed by a 3d party (e.g. a police officer) 2) “Agency” theory = felony murder doctrine applies ONLY IF the killing is committed by one of the co-felons
What are the 3 elements of AND the req’d mental state for CL forcible rape?
1) sexual intercourse (ANY type of penetration) 2) w/o the victim’s consent; 3) accomplished by: (i) force; (ii) threat of force; OR (iii) when the victim is unconscious Mental state = general intent
What are the 2 types of CL involuntary manslaughter?
1) A killing committed during the commission of a crime to which the felony murder doctrine DOES NOT apply (sometimes called unlawful act manslaughter) 2) An unintentional killing committed w/ criminal negligence (i.e. a GROSS deviation from a reasonable std of care) or recklessly (MPC/modern trend)
What are the 2 elements of AND req’d mental state for CL kidnapping?
1) false imprisonment 2) that involves either moving the victimORconcealing the victim in a secret place Mental state = general intent
What are the 2 elements of AND the req’d mental state for CL statutory rape? NOTE: NY Distinction
Statutory rape = 1) sexual intercourse (ANY type of penetration); 2) with someone UNDER the age of consent Mental state = strict liability w/ no defense (majority rule) Minority rule = a REASONABLE mistake of age is a defense NY DISTINCTION: age of consent is 17 (i.e.∆ MUST be at least 21, and the victim 16 or younger)
What are the 3 elements of CL voluntary manslaughter?
Voluntary manslaughter = 1) an intentional killing; 2) committed in the heat of passion; 3) upon adequate provocation. To qualify must satisfy 4 reqs. 1) Provocation must be OBJECTIVELY adequate, it would arouse as sudden and intense passion in the mind of a reasonable person (e.g. serious assault or battery; presently witnessed adultery; normally NOT words) 2) ∆ was actually provoked (subjective consideration) 3) ∆ did not have time to “cool off” (objective 4) ∆ did not ACTUALLY cool off b/t the provocation and the killing (subjective
In NY, what is 2d degree unlawful imprisonment (as well as 1st degree)?
2d degree unlawful imprisonment = 1) unlawfully; 2) restraining someone; 3) without their consent; AND 4) with knowledge that the restriction is unlawful ————— 1st degree unlawful imprisonment = 1) 2d degree unlawful imprisonment; AND 2) a risk of serious physical injury
In NY, when is a homicide crime elevated to “aggravated”?
1) aggravated homicide: when the victim of the homicide is a police officer killed in the line of duty (i.e. Aggravated Murder, Aggravated Man 1, Aggravated Man 2, Aggravated Crim. Negl. Homicide) 2) aggravated murder: when the ∆, over the age of 18, causes the death of a child UNDER the age of 14 in an especially cruel and wonton manner = aggravated murder 3) aggravated vehicular homicide: when the ∆commits first degree vehicular manslaughter and engages in reckless driving
In NY, what is 2d degree criminal assault (along with 1st and 3d)?
2d degree assault = 1) intentionally causing; 2) serious physical injury ————- 1st degree assault = 1) 2d degree assault; AND 2) a weapon ———— 3d degree assault = 1) intentionally causing; 2) non-serious physical injury ———— NOTE: 1) All versions of assault in NY req INJURY (there is no “offensive touching”) 2) Attempted assault reqs intent to assault 3) Menacing: Merely creating a “reasonable apprehension” (w/o intent to actually injury) is NOT assault (this is a seperate crime, “menacing”) 4) Battery is NOT a separate crime in NY!!
