Crimes Against the Person & Causation

Question 1

CL Battery (4)

Answer 1

1. intentional; and
2. offensive
3. use of physical force
4. against another person

Question 2

CL Assault (2)

Answer 2

1. actual use of force/touching not required
2. enough if D causes victim to fear an immediate battery/offensive touching

Question 3

MPC Battery & Assault

Answer 3

often merges both into a single offense of “assault”
- creates aggravated forms of assault offenses based on severity of injury

Question 4

Sex Crimes CL

Answer 4

used to require
1. victim make “prompt outcry”
2. victim resisted with her utmost force
3. testimony of victim alone was not enough to prove rape

Question 5

Modern Approach to Sex Crimes

Answer 5

• less victim-taxing
• all three requirements have been abandoned

Question 6

Common Law Murder (4)

Answer 6

1. Depraved Heart
2. Intent to kill
3. Intent to cause serious bodily harm
4. Felony Murder

Question 7

Depraved Heart

Answer 7

Substantial disregard for the risk to human life (ex. shooting at a playground during school hours)

Question 8

Intent to kill

Answer 8

Desired outcome of one’s conduct is to cause the specific death of another (ex. If you kill an unintentional target your specific intent transfers to the actual victim)

Question 9

Intent to cause serious bodily harm

Answer 9

The desired outcome of one’s conduct is to cause serious bodily injury but in the course of doing so death results

Question 10

Felony Murder

Answer 10

While in the commission of a felony death results. No intent to kill, but rather your intentional commission of the underlying felony is the mens rea.

Question 11

MPC Murder

Answer 11

First degree: usually encompasses premeditated murder and felony murder
Second degree: usually covers non-premeditated murders such as depraved heart or homicide resultant from an intent to cause serious bodily injury

Question 12

Transferred Intent

Answer 12

The doctrine states that the accused’s intent to kill a person A will satisfy the mens rea if his conduct, in fact, causes the death of person B
Actus reus: D is committing or attempting to commit a qualifying felony
Result element: death of another

Question 13

Manslaughter

Answer 13

Reckless killing of another
- Voluntary manslaughter is the traditional manslaughter that is a murder bumped down due to a successful EMED/Heart of Passion Defense.
- Involuntary manslaughter is the ordinary reckless conduct that results in the death of another

Question 14

EMED Defense (MPC)

Answer 14

knocking down murder to manslaughter
- extreme mental or emotional disturbance, is partial defense to the crime of murder
- Reasonable means - person in D’s situation under the circumstances as D perceived them to be. This is a subjective reasonableness rule.
- MPC places burden upon prosecutor to disprove EMED beyond a reasonable doubt.

Question 15

Causation

Answer 15

1. Factual or “Actual” Cause: factual cause of the result; and
2. Proximate or “Legal” Cause: Legal result

Question 16

Omission Crimes

Answer 16

1. Owes a legal duty to another; and
2. Fails to act upon that legal duty; and
3. Such failure to act caused the harm to the other
   (Kentucky v. Mitchell)