Crimes Against the Person

Question 1

What are the two theories of assault at CL?

Answer 1

1. assault as threat

2. assault as attempted battery

Question 2

What is assault as threat?

Answer 2

When D acts to create reasonable apprehension of imminent bodily harm. (think scaring someone); words alone usually insufficient

Question 3

What is assault as an attempted battery?

Answer 3

Specific intent crime; (involves attempt)

Question 4

What is battery?

Answer 4

An unlawful application of force to the person of another resulting in bodily injury or offensive touching.

ie a completed assault
general intent crime

Question 5

What should you know about rape?

Answer 5

1. slightest penetration is sufficient
2. marital status insignificant
3. Lack of sent if:
   - penetration by force or threat of immediate bodily harm
   - incapable of consenting due to lack of capacity
   - fraudulently caused to believe the act is not intercourse

Question 6

What is the crime of false imprisonment?

Answer 6

The unlawful confinement of a person without their consent.

Consent can’t be obtained by coercion, threat, or deception

Question 7

What is the crime of kidnapping?

Answer 7

the unlawful confinement of a person that involves either

a) some movement of the victim; or
b) concealment of the victim in an unknown, hidden, or secret location.

Note: false imprisonment can become kidnapping if the victim is moved and/or concealed.

Question 8

What is common law murder?

Answer 8

The unlawful killing of another human with malice aforethought.

Question 9

What is malice aforethought?

Answer 9

Arises when no mitigating facts reduce the killing to a lesser crime and D commits the killing with one of the following mental states:

1. intent to kill; 2. intent to inflict great bodily injury; 3. depraved/malignant heart; 4. felony murder

Question 10

What is depraved/malignant heart?

Answer 10

A killing committed with reckless indifference to an unjustifiable risk of human life.

Question 11

What is felony murder?

Answer 11

a killing caused during the attempt or commission of an inherently dangerous or statutorily enumerated felony.

Question 12

What is the intent required for felony murder?

Answer 12

The intent to commit the underlying felony.

Question 13

What is first-degree murder?

Answer 13

arises if a killing is either:

a) deliberate and premeditated or
b) felony murder

Question 14

What does it mean for the killing to be deliberate and premeditated?

Answer 14

D must have killed in a dispassionate manner and must have considered or reflected on his killing, even if only momentarily.

Question 15

What are defenses to first degree murder?

Answer 15

Voluntary intoxication and mistake of fact (because it is a specific intent crime)

Question 16

What is felony murder?

Answer 16

killing during an enumerated felony

Question 17

What is second degree murder?

Answer 17

A homicide not arising to first-degree murder.

Note: if 1st degree murder is not mentioned as a possibility in MBE question or answer choices, assume the ? involves second degree murder which is often the “default murder” on the MBE.

Question 18

What felonies allow for felony murder?

Answer 18

1. inherently dangerous felonies

2. statutorily enumerated felonies

Question 19

What are the 5 limitations on liability for FM?

Answer 19

1. D must be guilty of the underlying felony (valid defenses to the underlying felony are also defenses to the FM)
2. the underlying felony cannot itself be a killing (e.g. involuntary manslaughter cannot be felony murder)
3. victim’s death must be a foreseeable result of the felony
4. victim’s death must be caused before D reaches a place of temporary safety
5. D is not liable for the death of a co-felon killed by the police or the original victim.

Question 20

What is voluntary manslaughter?

Answer 20

a killing resulting from an adequate provocation (heat of passion killing) or imperfect self-defense.

Question 21

What are the 4 elements for adequate provocation for voluntary manslaughter?

Answer 21

1. provocation would cause sudden and intense passion in an ordinary person, causing him to lose self-control
2. D was actually provoked.
3. there was insufficient time for cooling off period
4. D did not cool off

Question 22

What is imperfect self-defense?

Answer 22

If D murders while acting in self-defense his criminal liability can be reduced to voluntary manslaughter if either:

a) D initiated the altercation that required self-defense OR
b) D unreasonably believed deadly force was necessary

Question 23

What is involuntary manslaughter?

Answer 23

A killing committed with criminal negligence or during the commission of an unlawful act not constituting felony murder.

Question 24

What is criminal negligence?

Answer 24

it arises if the D is GROSSLY negligent.

eg. texting while driving and hits and kills a pedestrian in a crosswalk

Question 25

What kind of unlawful act would give rise to involuntary manslaughter?

Answer 25

Any felony or misdemeanor not giving rise to liability for felony murder.

Question 26

Under the proximate cause theory of FM, is a felon liable for deaths of innocent victims caused by someone other than a co-felon?

Answer 26

Yes.

Question 27

Under the "agency theory" of FM, is a felon liable for the deaths of innocent victims caused by someone other than co-felons?

Answer 27

No. With the "shield" exception where victim was used as a shield or otherwise forced by the felon to occupy a dangerous space.