Crimes Against the Person Flashcards
What are the elements of common law battery?
Elements:
The unlawful
application of force to another
resulting in either
bodily injury or
an offensive touching
Mental State: general intent
What are the elements of common law assault?
Version 1: attempted battery (e.g. a swing and a miss)
Version 2: “reasonable apprehension”
the intentional creation
other than by mere words
of a reasonable apprension in the mind of the victim
of imminent bodily harm.
Mental State: specific intent
What are the elements of assault in New York?
No battery - everything is assault. Attempted assault requires the intent to assault.
Elements:
intentionally
causing physically injury
to another person
First degree: second degree (above) with a weapon
**Third degree: **second degree, but with non-serious physical injury.
Common law “reasonable apprehension” assault = menacing in New York
With homicide, what is the year and a day rule?
The majority rule: death may occur at any time - applied in NY too.
The common law rule: death must occur within a year-and-a-day of the homicidal act.
What are the elements of common law murder?
Elements:
causing the death
of another person
with malice aforethought
Mental State: The requirement of “malice aforethought” is satisfied if the defendant has any of the following four mental states:
the intent to kill OR
the intent to inflict serious bodily harm OR
extreme recklessness, meaning reckless indifference to human life OR
the intentional commission of an inherently dangerous felony (“felony murder”)
What is the deadly weapon rule?
The intentional use of a deadly weapon creates an inference of an intent to kill. Deadly weapon is typically defined as any instrument used in a manner liekly to produce death or serious bodily injury.
What is transferred intent?
If a defendant intends to harm one victim, but accidentally harms a different victim instead, the defendant’s intent will transfer from the intended victim to the actual victim.
**Exception: **Transferred intent does not apply to attempts, only to crimes with “completed harms.”
What is felony murder and what are the most common limitations on felony murder in the common law and in NY?
Definition: any killing caused during the commission of or attempt to commit a felony.
Most common limitations:
The defendant must be *guilty *of the underlying felony.
The felony must be inherently dangerous.
In NY, felony murder is limited to certain felonies (“BRAKES”):
Burglary
Robbery
Arson
Kidnapping
Escape
Sexual Assault
Merger Rule: The felony must be independent of the killing.
“Res Gestae” principles: The killing must take place during the felony or during immediate flight from the felony. Once the felon(s) reach a place of temporary safety, the felony ends.
The death must be foreseeable.
The victim must not be a co-felon.
Vicarious Liability: there are two theories -
Proximate Cause theory: In most states, including NY, if one of the co-felons proximately causes the victim’s death, all of the other co-felons will be guilty of felony murder, even if the actual killing is committed by a third party (e.g. a police officer).
*Agency *theory: In some states, however, the felony murder doctrine applies only if the killing is committed by one of the co-felons.
What are the statutory homicide crimes in NY?
First Degree Murder:
an intent to kill; AND
the defendant is more than 18 years old; AND
at least one aggravating factor:
the victim is a law enforcement, engaged in official duties at the time of the killing;
the defendant committed a murder for hire;
felony murder, where the victim was intentionally killed
killing for the purpose of witness intimidation; OR
there was more than one victim intentionally killed in the same criminal transaction.
Second Degree Murder:
Intentional killing that does not qualify for first degree OR
Highly reckless killing demonstrating depraved indifference to human life by engaging in conduct that creates a “grave risk” or death, generally to more than one victim OR
felony murder, where the victim is not a co-felon and is killed unintentionally.
What is common law voluntary manslaughter and the core requirements?
Definition:
A killing committed intentionally
in the head of passion
upon adequate provocation.
Core Requirements: To qualify for voluntary manslaughter, an intentional homicide must satisfy four requirements -
The provocation must be objectively adequate, which means it would arouse a sudden and intentse passion in the mind of a reasoanble person. E.g.
serious assualt or battery
presently witnessed adultery.
The defendant was actually provoked.
The defendant did not have time to cool off.
The defendant did not actually cool off between the provocation and the killing.
What common law voluntary manslaughter called in NY and what are its requirements?
In New York, voluntary manslaughter is called extreme emotional disturbance (“EED”) manslaughter.
Definition: an intentional killing committed under the influence of a reasonable and extreme emotional disturbance.
Affirmative Defense: EED acts as an affirmative defense to second degree murder, which means that the defendant must prove EED by a preponderance of the evidence.
What is common law involuntary manslaughter?
There are two types:
A killing committed during the commission of a crime to which the felony murder doctrine does not apply (sometimes called “unlawful act” manslaughter).
An unintentional killing committed:
Common Law: with criminal negligence (i.e. a gross deviation from a reasonable standard of care).
MPC/Modern Trend: recklessly.
What are the statutory types of manslaughter in NY and their elements?
**First Degree Manslaughter: **EED manslaughter OR an intent to cause serious physical injury.
Second Degree Manslaughter:
Mental State: recklessness
The defendant is aware of *and *consciously disregards a substantial and unjustifiable risk of death.
Vehicular Manslaughter:
Second Degree vehicular manslaughter: causing the death of another person as a result of driving while intoxicated.
First Degree vehicular manslaughter: second degree vehicular manslaughter, plus an additional aggravating factor, such as:
a blood-alcohol level of .18 or higher; or
the death of more than one victim.
Criminally Negligent Homicide:
Mental State: criminal negligence
The defendant should have been aware of a substantial and unjustifiable risk of death.
What are the elements of the common law false imprisonment?
Elements:
The unlawful
confinement of a person
without his or her consent
Mental State: general intent
What are the elements of “unlawful” imprisonment in New York?
Second Degree:
unlawfully
restraining someone,
without their consent, and
with knowledge that the restriction is unlawful.
First Degree: Second degree, plus a risk of serious physical injury.
What are the elements of common law kidnapping?
Elements:
false imprisonment
that involves either moving the victim or concealing the victim in a secret place.
Mental State: general intent
What are the elements of statutory kidnapping in New York?
Second Degree: abducting someone
First Degree: second degree kidnapping, plus *one *of the following:
ransom
restraint of the victim for more than 12 hours with intent to rape, injure, or rob the victim, OR
the death of the victim.
What are the elements of common law rape?
Elements:
sexual intercourse
without the victim’s consent
accomplished
by force OR
by threat of force OR
when the victim is unconscious.
**Mental State: **general intent
What are the elements of statutory rape? What are the New York distinctions?
Elements:
sexual intercourse
with someone under the age of consent
Mental State:
Majority/New York Rule: strict liability
MPC/Minority Rule: a reasonable mistake age is a defense.
In New York, age of consent is 17. The defendant must be at least 21 and the victim 16 or younger.
