Crimes Against the Person

Question 1

Battery

Answer 1

Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching (misdemeanor)
MR: GI, can be as low as criminal negligence

Question 2

Aggravated Battery

Answer 2

(1) Deadly weapon is used; (2) serious bodily injury is caused, OR; (3) V is a child, woman, or PO (felony)

Question 3

Assault

Answer 3

Either (1) an attempt to commit a battery or (2) the intentional creation–other than by mere words–of a reasonable apprehension in the mind of the victim of imminent bodily harm [some states require apparent ability to succeed]

Question 4

Aggravated Assault

Answer 4

Assaults (1) with a dangerous weapon or (2) with intent to rape, maim, or murder

Question 5

Homicide - Murder (CL)

Answer 5

Unlawful killing of another human with malice aforethought

Question 6

Malice Aforethought

Answer 6

This exists if D has any of the following states of mind: (1) intent to kill, (2) intent to inflict great bodily injury; (3) reckless indifference to an unjustifiably high risk to human life (depraved heart), or; (4) intent to commit a felony

Question 7

Homicide - Voluntary Manslaughter (CL)

Answer 7

Killing that would otherwise be murder but is distinguishable because of adequate provocation

Question 8

Adequate Provocation

Answer 8

(1) that which would arouse a sudden and intense passion in the mind of an ordinary person; (2) D was in fact provoked; (3) insufficient time to cool off; (4) D in fact did not cool off

Question 9

Homicide - Involuntary Manslaughter (CL)

Answer 9

Criminal negligence (or recklessness) OR unlawful act manslaughter (misdemeanor manslaughter or felony not included in felony murder)

Question 10

Homicide - 1d Murder (Modern)

Answer 10

Deliberate and premeditated murder OR felony murder committed during burglary, arson, rape, robbery, and kidnapping

Question 11

Homicide - 2d Murder (Modern)

Answer 11

All other murders that P cannot prove are 1d, including some felony murders and felony murders not on the felony list

Question 12

Felony Murder

Answer 12

(1) Commission of underlying felony (substantive defense negates); (2) Felony independent of killing; (3) Foreseeability of death; (4) During the commission of a felony

Question 13

Agency v. Proximate Cause Theory of Felony Murder

Answer 13

Agency: Felon is liable for murder if the killing was committed by the felon or an accomplice (not a PO)
PC: Felon is liable for deaths of innocent victims caused by someone other than a co-felon because they created situation

Question 14

Causation

Answer 14

Requires factual and proximate; hastening death, simultaneous sufficient act, preexisting condition all OK, intervening acts shield D if it’s act of nature

Question 15

False Imprisonment

Answer 15

(1) Unlawful (2) confinement of a person (3) without his valid consent

Question 16

Kidnapping

Answer 16

Confinement of a person that involves some movement or concealment of the victim

Question 17

Rape

Answer 17

Intercourse accomplished by force, threats, incapacity to consent, fraud (sometimes)