Crimes against the Person

Question 1

Assault

Answer 1

Assault is either an attempt to commit a battery or the intent to place another in fear of imminent injury.

Question 2

Battery

Answer 2

Battery is the intentional or reckless causing of a bodily injury or an offensive touching to another.

Question 3

Mayhem

Answer 3

Mayhem is the permanent dismemberment or disablement of a bodily part.

Question 4

Kidnapping

Answer 4

Kidnapping is the unlawful confinement of another, involving movement or concealment in a secret place.

Question 5

Rape

Answer 5

Rape is the unlawful sexual intercourse of a female, not one’s wife, without her consent.

Question 6

Homicide

Answer 6

Homicide is the unlawful taking of the life of another. The two types of homicide are murder and manslaughter.

Question 7

Murder

Answer 7

Murder is the unlawful killing of another person with malice aforethought.

Question 8

Malice-(murder)

Answer 8

Malice is the requisite mental state for murder and can be established by:

1. An intent to kill
2. An intent to commit grievous bodily injury;
3. A reckless indifference to the value of human life (also known as “depraved heart”
4. An intent to commit a dangerous felony, known as the felony murder rule.

Question 9

An intent to commit a dangerous felony, known as the felony murder rule

Answer 9

a. The intent to commit certain dangerous felonies supplies the malice requirement for murder where death is a natural and probable consequence of defendant’s conduct and occurs during the commission of the felony, even if the death is accidental. Including:
i. Death of co-felon:
ii. Death of bystander:

OR

b. Inherently dangerous felonies: The felony murder rule typically applies to the following inherently dangerous felonies: BARRK
i. Burglary
ii. Arson
iii. Rape
iv. Robbery
v. Kidnapping

Question 10

Causation (murder)

Answer 10

The defendant’s conduct must also be the cause in fact and the proximate cause of the death.

Question 11

Consent (Rape)

Answer 11

To be rape, the intercourse must be w/out the victim’s effective consent. Consent, even if given, may be ineffective in several situations:

1. Force
2. Threats
3. Woman Incapable of Consenting
4. Fraud

Question 12

Intent for murder

Answer 12

Intent can transfer for murder (just like in torts).

Question 13

“Fleeing felon”

Answer 13

Under the “fleeing felon standard,” a law enforcement officer can use deadly force against a fleeing felon if:

1. The use of deadly force is necessary to prevent the felon’s escape;
2. The fleeing felon has threatened the officer with a weapon or the officer has probable cause to believe that the felon has committed a crime involving the infliction or threatened infliction of serious physical harm; and
3. The officer gives the felon some warning of the imminent use of deadly force, if feasible.

Question 14

Manslaughter

Answer 14

In most states there are two types of manslaughter, voluntary and involuntary.

Question 15

Voluntary manslaughter

Answer 15

There are two types of voluntary manslaughter— heat of passion and imperfect self-defense.

Question 16

Heat of passion Manslaughter

Answer 16

Murder can be reduced to voluntary manslaughter if the defendant killed in the heat of passion and the following requirements are met:

a. Reasonable provocation: He acted in response to a provocation that would cause a reasonable person to lose self-control,
b. Acted in heat of passion: Defendant was in fact provoked at the time he acted,
c. No cooling off time: There was insufficient time for a reasonable person to cool off between the provocation and the killing, and
d. Defendant did not cool off: The defendant did not in fact cool off by the time he killed.

Question 17

Imperfect self-defense

Answer 17

Murder may also be reduced to voluntary manslaughter if the defendant kills under an unreasonable mistake about the need for self-defense.

Question 18

Involuntary manslaughter

Answer 18

Involuntary manslaughter can arise two ways:

1. Gross negligence
2. Misdemeanor-manslaughter

Question 19

Gross negligence

Answer 19

Involuntary manslaughter arises when a person’s behavior is grossly negligent and the conduct results in the death of another. Gross negligence is the disregard of a very substantial danger of serious bodily harm or death.

Question 20

Misdemeanor-manslaughter

Answer 20

Involuntary manslaughter also arises when the defendant commits a misdemeanor and a death occurs accidentally during its commission.

Question 21

First-degree murder

Answer 21

First-degree murder can arise two ways.

a. Premeditation and deliberation: First-degree murder applies when the killing was the result of premeditation and deliberation— in other words, where the defendant acted in a cool and dispassionate manner and had time to reflect upon the idea of killing, even if only for a moment.
b. Enumerated inherently dangerous felony under an application of the felony murder rule, such as the felonies of arson, robbery, burglary, rape, mayhem, or kidnapping.

Question 22

Second-degree murder

Answer 22

If the murder does not rise to the level of first-degree murder and is not reduced to manslaughter, the defendant will be guilty of second-degree murder.