Crimes against the Person Flashcards
Murder in first degree
intent to kill murders committed with premeditation and deliberation, felony murders, and especially cruel killings.
Murder in the second degree
any murder that does not meet the requisite elements of first degree murder (intent to inflict serious bodily injury)
Depraved heart
an unintentional killing that resulted from a conscious disregard of an unreasonable risk of death/serious injury.
Voluntary manslaughter
An intentional killing mitigated by adequate provocation (which is determined by a reasonable person)
Involuntary manslaughter
An unintentional killing resulting without malice aforethought caused by either reckless or criminal negligence. (or during the commission of an unlawful act.
Criminal negligence
requires D’s conduct create a high degree of risk of death or serious injury
Specific intent crimes
BAAFFLEPACS
Burglary and Robbery, Assault, Forgery, false pretenses, larceny, embezzlement, premeditated murder (1st degree), attempt crimes, conspiracy crimes, solicitation
General Intent crimes
Rape, Battery, Kidnapping, False imprisonment, involuntary manslaughter, depraved-heart
Battery
An intentional or reckless unlawful application of force
Assault
occurs where the D tried to hit but missed, or where D made the victim afraid.
Rape
at common law, rape was the act of unlawful sexual intercourse by a male with a female without her consent.
Kidnapping
At common law, kidnapping consisted of an unlawful restraint of a person’s liberty by force so as to send the victim to another location
Conspiracy
Conspiracy is established by showing that the D agreed with another to commit a crime. At Common law: could not “conspire” with a person without a guilty mind (like an officer).
MPC: Even if the other person is feigning agreement, you will be guilty.
