Crimes Against The Person

Question 1

List the 6 Crimes against the Person.

Answer 1

(1) Criminal Assault
(2) Criminal Battery
(3) Mayhem
(4) Kidnapping
(5) Rape
(6) Homicide

Question 2

What is Criminal Assault?

Answer 2

Assault is

(1) The attempt to commit a battery OR
(2) Intentional creation, by other than mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm

(i.e., attempted battery)

Question 3

What is Criminal Battery?

Answer 3

Battery is

(1) Unlawful application of direct or indirect force
(2) To the person of another
(3) Resulting in Bodily injury or an offensive touching

Aggravated Battery: Victim a child, woman, police officer

Question 4

What is Mayhem?

Answer 4

Mayhem is

(1) Dismemberment or
(2) Disablement of body part

Question 5

What is Kidnapping?

Answer 5

Kidnapping is

(1) Confinement of a person, involving
(2) Movement or concealment of the victim in a secret place

Aggravated Kidnapping: Purpose of ransom, sexual offenses, child stealing, or to commit other crimes.

Question 6

What is Rape?

Answer 6

Rape is

(1) Unlawful carnal knowledge (without consent)
(2) Of a woman
(3) By a man who is not her husband

Modern statutes eliminate the protection of husbands.

Question 7

What is 2nd Degree Murder?

Answer 7

Murder is

(1) Unlawful killing of a human being (without justification)
(2) With malice aforethought (intent to kill, inflict great bodily harm, acting with a reckless disregard for life, in the course of committing a dangerous felony)

Question 8

What is Felony Murder?

Answer 8

Under the Felony Murder Rule, a defendant is culpable for a homicide committed during the perpetration of an inherently dangerous felony.

BARRK Felonies:
Burglary
Arson
Rape
Robbery
Kidnapping

Question 9

What is 1st Degree Murder?

Answer 9

“All murder is second-degree murder unless committed with premeditation and deliberation, or if the killing occurs during the commission of an enumerated felony, both of which render it first-degree murder.”

Premeditation occurs where one reflects on the idea of killing, even if briefly

Deliberation means killing in a cool, calm and dispassionate manner

Question 10

What is Voluntary Manslaughter?

Answer 10

Voluntary manslaughter is

(1) The intentional killing of a human being
(2) With adequate provocation

The provocation must be of a type that would arouse sudden and intense passion, without reasonable time for passions to cool (objectively), and the defendant must have been actually provoked, and not have cooled off (subjectively).

Question 11

What is Involuntary Manslaughter?

Answer 11

Involuntary manslaughter is

(1) homicide committed by criminal negligence (i.e., recklessness) or
(2) homicide committed during the commission of an unlawful act (misdemeanor or a non-enumerated felony)