Crimes Against the Person: Assault and Battery

Question 1

common law battery

Answer 1

Unlawful application
of force to another
resulting in either:
bodily injury or
offensive touching

MENTAL STATE: general intent

Question 2

Common law assault

Answer 2

version 1: assault as an attempted battery (swing and miss)

version 2:  ("reasonable apprehension")
 the intentional creation
 other than by mere words
 of a reasonable apprehension in the mind of the victim
of imminent bodily harm (a fake punch)

Specific intent

Question 3

Assault in NY

Answer 3

Intentionally causing physical injury to another person

Question 4

Degrees of crimes in NY

Answer 4

Crimes go up or down a degree if they involve:

1) weapons
2) injury (physical –substantial, or serious– life threatening)
3) quantity (money, drugs)

Question 5

murder

Answer 5

causing the death of another person with malice aforethought

Question 6

malice aforethought

Answer 6

is satisfied if defendant has one of the following (4):

1) intent to kill
2) intent to inflict serious bodily harm
3) extreme recklessness meaning reckless indifference to human life
4) the intentional commission of an inherently dangerous felony (“felony murder”)

Ex. Dudley robs a bank, the gun accidentally goes off killing a teller– that’s felony murder

Question 7

deadly weapon rule

Answer 7

the intentional use of a deadly weapon creates an inference of an intent to kill

Question 8

transferred intent

Answer 8

if a defendant intends to harm one victim but accidentally harms a different victim instead, the defendant’s victim will transfer from the intended victim to the actual victim

only applies to crimes with completed harms, not attempt

Question 9

Felony murder

Answer 9

any killing caused during the commission of or attempt to commit a felony

Question 10

most common limitations on felony murder

Answer 10

1) D must be guilty of the underlying felony. If you have a defense to the felony, you have a defense to felony murder

Question 11

Note: the felony must be:

Answer 11

inherently dangerous

Question 12

New York limits felony murder to certain felonies: BRAKES

Answer 12

B- burglary
R-- robbery
A-- arson
K-- kidnapping
E-- escape
S-- sexual assault

Question 13

merger rule

Answer 13

the felony must be independent of the killing

Question 14

res gestae principle

Answer 14

the killing must take place during the felony or during immediate flight from the felony. Once the felons reach a place of temporary safety, the felony ends.

Question 15

the death must be..

Answer 15

foreseeable

Question 16

the victim must not be a…

Answer 16

cofelon

Question 17

proximate cause theory

Answer 17

if one of the co-felons proximately causes the victim’s death (even if the actual killing is committed by a third party), ALL the other co-felons will be guilty of felony murder

Question 18

Agency theory

Answer 18

the felony murder doctrine applies only if the felony theory is committed by co-felons

Question 19

non-slayer defense

Answer 19

NY provides a limited affirmative defense to felony murder if the defendant can prove each of the following four things:

1. the defendant did not kill the victim
2. the defendant did not have a deadly weapon
3. the defendant had no reason to believe that his co-felons had deadly weapons; and
4. the defendant had no reason to believe that his co-felons intended to do anything that was likely to result in death.

Question 20

first degree murder – majority approach

Answer 20

any intentional killing with

1) premeditation– D thought about it ahead of time
2) deliberation— D was cool, calm and collected

Question 21

Second degree murder- majority approach

Answer 21

all other intentional murders,

as well as depraved heart murder, where it still exists as a separate category of homicide,

intent to inflict serious bodily harm murder

Question 22

first degree murder in NY

Answer 22

An intent to kill; and the defendant is more than 18 years old and at least one aggravating factor:

1) victim is law enforcement officer engaged in official duties at time of killing
2) D committed a murder for hire
3) felony murder where the victim was intentionally killed
4) killing for the purpose of witness intimidation; or
5) there was more than one victim intentionally killed in the same criminal transaction

Question 23

Second degree murder in NY

Answer 23

intentional killing that does not qualify for first degree murder
Highly reckless killing demonstrating DEPRIVED INDIFFERENCE to human life by engaging in conduct that creates a grave risk of death, generally to more than one victim.

felony murder where the victim was not a co-felon and was killed unintentionally

Question 24

voluntary manslaugter

Answer 24

a killing committed intentionally
in the heat of passion
upon adequate provocation

Core requirements:

1) provocation myst be objectively adequate “reasonable person”
e. g. serious assault or battery OR presently witnessed adultery

2) defendant was actually provoked
3) defendant did not have time to cool off
4) the defendant did not actually cool-off between the provocation and the killing

Question 25

New York approach (Extreme Emotional Disturbance (“EED”) Manslaughter

Answer 25

an intentional killing committed under the influence of a reasonable and extreme emotional disturbance

Extreme emotional disturbance is a defense to second degree murder, which means defendant must prove EED by a preponderance of the evidence.

Question 26

Common law involuntary manslaughter

Answer 26

1) a killing committed during the commission of a crime, to which the felony murder doctrine does not apply

2) an unintentional killing committed:
Common law: with criminal negligence (gross deviation from reasonable standard of care)
MPC/modern trend: recklessly

Question 27

manslaughter in NY

Answer 27

first degree:

1) Extreme emotional disturbance manslaugther OR
2) an INTENT TO INFLICT SERIOUS BODILY INJURY

Question 28

NY second degree manslaughter

Answer 28

1) mental state – recklessness

defendant is aware of an consciously disregards a substantial and justifiable risk of death

Question 29

vehicular manslaugther

Answer 29

second degree vehicular manslaughter– causing death of another while DWI

First degree– second degree plus an additional aggravating factor, such as:

1) blood alcohol level of 18 or higher
2) the death of more than one victim

Question 30

criminally negligent homicide in NY

Answer 30

Mental state: criminal negligence

Def: defendant should have been aware of a substantial and unjustifiable risk of death.

Question 31

NY aggravated homicide

Answer 31

when the victim is the po po in the line of duty

Question 32

NYaggravated murder

Answer 32

when defendant is over the age of 18 and victim is under 14, and especially in a cruel and wanton manne

Question 33

Aggravated vehicular homicide

Answer 33

when D commits first degree vehicular manslaugther and engages in reckless driving