Crimes against the Person Flashcards
What is the Year-and-a-Day Rule? NOTE: NY Distinction
CL (min) rule: death MUST occur w/in a year + a day of the homicidal act
Maj: does NOT follow year-and-a-day rule
NY does NOT follow the Yr + a day rule
Murder:
CL
(elements)
Murder =
- 1) Causing the death;
- 2) of another person
- 3) with “malice aforethought”
CL Murder:
Malice aforethought
(4 types)
-
Intent to kill
- *infer if use deadly weapon
- Intent to cause serious bodily injury
-
Depraved heart murder
- reckless indiferrence to human life
- Commisison of inherently dangerous felony
CL Murder:
For Intent to Kill (form of malice aforethought)-
2 special rules for inferring intent
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: Most often applies to (all) homicide, 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”
CL & NY
Felony murder
(limitations)
Felony murder = ANY killing caused during the commission of OR attempt to commit a felony
6 limitations:
- 1) D must have committed the felony
- (factually, not necessarily charged) of the underlying felony
- Defense to felony = defense to felony murder
- 2) Felony must be inherently dangerous
-
NY list: (brakes)
- battery
- robbery
- arson
- kidnapping
- escape
- sexual assault
-
NY list: (brakes)
- 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 felony OR during the immeidate flight from the felony Once D reaches place of temporary safety, the felony ends
- 5) Death must be foreseeable
- 6) Victim must NOT be a co-felon
CL & NY:
Felony Murder:
Vicarious Liability
Maj: Proximate cause theory
- D is liable for death caused by anyone if D’s felony is proximate cause
- ex: police oficer kills
Min: Agency theory
- D is liable only for deaths caused by co-felon
NY: proximate cause thoery
NY felony Murder:
Non-slayer defense
NY: Proximate cause theory for vicarious liability
BUT defense if:
- i) D did not cause the death
- ii) D did not carry deadly weapon
- iii) D had no reaspon to know co-felon was carrying deadly weapon
- iv) D had no reaspon to believe co-felon would do anything likely to result in death
Majority approach:
First degree murder
- i) intentionally killing another
- iii) with premeditation and deliberation
Maj:
2d Degree murder
2d degree murder = all other intentional murders
- 1) Causing the death;
- 2) of another person
- 3) with “malice aforethought”:
- intent to inflict serious bodily harm;
- OR EXTREME recklessness (i.e. reckless indifference to human life a/k/a “depraved heart”)
Battery:
Common Law
Battery =
- 1) the unlawful;
- 2) application of force to another;
- 3) resulting in EITHER bodily injury OR an offensive touching
Mental state = general intent
Assault:
CL elements + mens rea
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
Common Law:
False Imprisonment
False imprisonment =
- 1) the unlawful;
- 2) confinement of a person;
- 3) w/out his consent
- Mental state = general intent
Common law:
Kidnapping
Kidnapping =
- 1) false imprisonment (i.e. unlawful confinement w/o consent);
- 2) that involves either:
- moving the victim
- OR concealing the victim in a secret place
- Mental state = general intent
What are the 2 vicarious liability theories under CL felony murder? NOTE: NY Distinction
1) “Proximate cause” theory (majority rule) = 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 bystander, a police officer, etc) NY DISTINCTION: this is the approach followed in NY 2) “Agency” theory = felony murder doctrine applies ONLY IF the killing is committed by one of the co-felons
Common law:
Forcible Rape
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 2 types of involuntary manslaughter?
1) A killing committed w/ criminal negligence (i.e. a GROSS deviation from a reasonable std of care) 2) A killing committed during the commission of a crime to which the felony murder doctrine DOES NOT apply (i.e. “unlawful act” OR misdemeanor manslaughter)
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 Provocation needs to be OBJECTIVELY adequate (e.g. serious assault or battery; presently witnessed adultery; normally NOT words) ∆ was actually provoked (a subjective consideration) ∆ did not have time to “cool off” ∆ did not ACTUALLY cool off b/t the provocation and the killing
