Crimes against the person Flashcards
Battery & aggravated battery
i. The unlawful
ii. application of force to another
iii. resulting in either
1. bodily injury OR
2. offensive touching
iv. Mens rea: general intent
v. aggravated battery—majority treat the following as aggravated battery and treat as felony
1. battery with deadly weapon
2. battery resulting in serious bodily harm
3. battery of a child, woman or cop
Assault
- The intentional creation
- other than by mere words
- of a reasonable apprehension in the mind of the victim
- of imminent bodily harm
iii. Mental state: specific intent
iv. Aggravated assault—more severe punishment than simple assault is assault with deadly weapon or with intent to rape and maim
What are some possible prosecutions for someone who batters and/or assaults someone
i. battery
ii. assault and attempted battery (swing and miss)
iii. assault alone (you fake the person out)
Mayhem
common law historically dismemberment or disablement of a bodily part
i. modern law—abolished as a separate offense and is now aggravated battery
Homicide year and a day rule
i. Majority rule: death may occur at any time
ii. common law rule: death must be within 1 year and a day of the homicide
Homicide crimes list
common law murder, murder with dif degrees by statute), felony murder, voluntary manslaughter, involuntary manslaughter
Murder definition and elements
- definition: the unlawful killing of another person with malice aforethought
- mens rea: 4 mental states for malice aforethought
a. first, intent to kill.
a. Deadly weapon rule: intentiona use of a deadly weapon creates inference of an inference of intent to kill. can be a lamp for ex, if they use it to kill. they can use a lamp in deadly manner
b. Second, intent to inflict serious bodily harm.
i. shooting someone in leg to maim, and if they die, sufficient for murder
c. Third, extreme recklessness, aka reckless indifference to human life AKA depraved heart murder
ii. for ex. shooting into air and the person dies.
d. fourth, intentional commission of an inherently dangerous felony. AKA felony murder.
Statutory violation and murder, murder degrees
degrees of murder: most states have 2 degrees of intentional murder
i. First degree: commited with premeditation and delieration (∆ was calm cool and collected) OR occurred during an enumerated felony
ii. Second degree murder: all other intentional murders, including depraved heart, and intent to do serious bodily hram murder
Felony murder
i. Defined: any killing caused during the commission or attempt to commit a felony
ii. Limits on felony murder:
1. ∆ must have commited the underlying felony
- felony must be inherently dangerous. some states enumerate it, always includes burglary, robbery, rape, arson and kidnapping
- the Merger rule:
a. Rule against multiple conviction for same tx—cant have trial or conviction of a person for a lesser included offense if he has been put in jeopardy for the greater offense. However, a court can impose multiple punishments at a single trial when the punishments are for 2 or more statutorily defined offenses specifically intended b the legislature to carry separate punishments, even though offenses arise from same tx.
b. the felony must be independent of the killing. therefore aggravated assault or battery cannot be the underlying crime. - Res gestae principles: killing must take place during the felony or during immediate flight. Once ∆ reaches place of reasonable safety the felony ends
- Death must be foreseeable
- victim must not be a co-∆
Vicarious liability for felony murder
- proximate cause theory: in some states if one of co-felons proximately causes the V’s death, all of the other co-felons will be guilty, even if the actual killing is by 3P (cop, bystander)
- Agency theory: other states, the felony murder doctrine applies only if the killing is commited by one of the co-felons
- see hypo. p. 14 in pdf
Voluntary manslaughter
- Definiton
a. killing that would otherwise be murder
b. committed inheat of passion
c. upon reasonable provocation– - Requirements: 4 reqs
a. provocation must be objectively adequate, meaning it would arouse sudden and intense passion in the mind of a reasonable person.
i. E.g. serious assault or battery OR presently witnessed adultery
b. the ∆ was ACTUALLY provoked – must actually be pissed off. cant kill based off personal justice/ personal morality.
c. the ∆ did not have the time to cool off
d. the ∆ did not actually cool off bw provocation and killing
Involuntary manslaughter
- Two types
a. A killing committed during the commission of a crime to which FMR doesn’t apply. aka “misdemeanor manslaughter”
b. The unintentional killing committed
i. at common law with criminal negligence
1. crim negligences: higher level. GROSS deviation from normal care. think drunk driving accident
ii. MPC: committed recklessly
cf: depraved heart murder is extreme recklessnes
Confinement
i. False imprisonment
1. The unlawful confinement of a person without his or her consent .
2. Mens rea: general intent
ii. Kidnapping
1. Required acts: false imprisonment that involves either moving the victim or concealing the victim in a secret place.
2. Mens rea: general intent
3. aggravated kidnapping—kidnapping for ransom, for purpose of committing other crimes, kidnapping for offensive purposes, and child stealing (consent of child is irrelevant bc child is incapable of giving consent)
List of sex offenses
forcible rape, statutory rape, adultery and fornication, incest, seduction, bigamy
Forcible rape
(can be used for FMR)
- required acts: sexual intercourse without vctims consent accomplished by
a. force, threat of force or when V is unconscious - Mens rea: general intent crime
