Crimes against the Person

Question 1

Structure for criminal law essay question?

4

Answer 1

1. criminal mind
2. moves the guilty hand
3. sometimes causing an injury
4. no defenses

Question 2

What kind of criminal law jurisdiction is N.C.?

Answer 2

Common law

Question 3

The determination as to whether a crime is a felony is based on whether
(4)

Answer 3

1. crime was a felony at common law
2. statute identifies as a felony
3. punishable by death
4. can be sent to state prison

Question 4

The Void-for-Vagueness Doctrine

Answer 4

North Carolina insists that criminal statutes clearly define the crime charged

• unless used in common law
• a person of reasonable intelligence would understand it

Question 5

Elements of the Crime

3

Answer 5

1. Mens Rea
2. Actus Rea
3. Causation

Question 6

Homocide the Year-and-a-Day Rule

Answer 6

does not have the rule

-if a person dies over a year and a day after the conduct occured, still liable for killing

Question 7

Degrees of Murder in N.C.

Answer 7

1st degree
2nd degree
Involuntary Manslaughter
Manslaughter

Question 8

1st Degree Murder NC

3

Answer 8

1. premediation and deliberation
2. felony murder; or
3. special means murder

Question 9

Special Means Murder NC

6

Answer 9

1. Nuclear Biological Chemical
2. lying in wait
3. torture
4. starving
5. imprisonment
6. poisoning

Question 10

Premeditation and deliberation require

2

Answer 10

premeditation = quantity of thought (long enough to create a plan)
+
deliberation = quality of thought (undisturbed by hot blood = reason not overcome by emotion)

Question 11

Second-degree murder is defined as

Answer 11

killings with malice

Question 12

Killings with Malice are?

2

Answer 12

1. intent to kill (express malice); or,

2. depraved heart murder (inherently dangerous conduct with a disregard for safety)

Question 13

Voluntary manslaughter requires?

2

Answer 13

1. intentional killing + adequate provocation

2. imperfect self defense

Question 14

Adequate provocation in N.C.

4

Answer 14

1. anger or fear
2. unlawful restraint
3. assault
4. adultery

Question 15

Adultery requirement for voluntary manslaughter

Answer 15

must catch in the act or where it is clear it was just completed

Question 16

Imperfect self defense occurs when? (3)

What’s the result?

Answer 16

North Carolina allows the reduction of murder to manslaughter where the defendant did not intend to kill or seriously injure, and:

1. uses excessive force
2. starts the fight and does not use excessive force
3. honest but unreasonable belief that deadly force was necessary

Question 17

Involuntary manslaughter in NC is:

Results from? (3)

Answer 17

is the unintentional killing of a human being without malice resulting from:

1. commission from an unlawful act that is not a felony
2. Egg-shell skull battery that results in death
3. gross negligence(gun deaths)/reckless homicide

Question 18

Felony murder covers what crimes?

6

Answer 18

1. arson
2. rape or a sex offense
3. robbery
4. kidnapping
5. burglary
6. Felony committed with use of deadly weapon

Question 19

For Felony murder, any co-felon or co-conspirator is liable under North Carolina law if:

Answer 19

a death occurs during the course of the felony; unless, it is a co-felon

Question 20

What is the requirement to apply felony murder to a killing

Answer 20

a death occurs during the course of the felony

≠ have to further the objective of the felony: any death caused will satisfy

Question 21

To show assault under North Carolina law there must be:

2

Answer 21

1. a battery/attempt to commit a battery (swing and a miss)
   or
2. act done to frighten (show of violence)

Question 22

An act done to frighten constitutes assault when?

2

Answer 22

reasonable apprehension of immediate bodily harm
+
Causes victim to engage in a course of action that they would have not normally followed (intimidation)

Question 23

Aggravated Assault, two things to remember?

Answer 23

1. Woman, child or handicapped person will be an aggravated assault
2. Assaults against people who work for the government will be an aggravated assault

Question 24

Assault with a deadly weapon occurs when someone assaults another with a deadly weapon can be compounded by
(2)

Answer 24

• intent to kill

- causing serious injury

Question 25

Pointing a gun at someone is

Answer 25

an assault

Question 26

Mayhem in N.C. involves | 3

Answer 26

1. castration 2. disfiguring someone 3. throwing acid

Question 27

Kidnapping under N.C. law is | 2

Answer 27

(1) False imprisonment = the unlawful confinement, restraint, or removal from one place to another; + (2) for the purpose of: (a) holding someone for a ransom (b) holding in involuntary servitude (c) using as a human shield (d) **≠ require movement**

Question 28

First-degree kidnapping occurs when the victim:

Answer 28

gets hurt is sexual assault Inherently dangerous

Question 29

Rape in N.C. Can only be | 3

Answer 29

``` penetration of a vagina with a penis + By force + against the will of the female (or if they are disabled/lack ability to consent) ```

Question 30

Rape is a first degree when? | 4

Answer 30

1. Using a deadly weapon or what someone believes is a deadly weapon 2. hurt the victim or another person while committing the rape (mental injuries count) 3. gang rape 4. if victim under age of 13, ∆ ≥ 12 + 4 yrs older than victim

Question 31

Sex crime when ∆ is in custodial position?

Answer 31

-can be consensual but taking advantage of Custodial positions are 1. person who assumed to the role of parent in the household 2. employees who have custody

Question 32

A person is guilty of a sexual offense in the second degree (a Class C felony) if

Answer 32

the person engages in a sexual act with another person: 1. sex act by force 2. without consent

Question 33

A person is guilty of a sexual offense in the first degree (a Class B1 felony)

Answer 33

if the person engages in a sexual act: 1. sex act by force 2. without consent 3. Rape aggregators to 1st degree rape (gang, injury, deadly weapon)

Question 34

Statutory Rape | -mistake of age as defense

Answer 34

not a defense

Question 35

When does statutory rape occur? | 3

Answer 35

felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old, Most Serious: if ∆ is ≥ 6 yr.s older Serious: if ∆ is between 4 and 6 years older Not statutory: if ∆ is