Crimes against the person, homicide

Question 1

Homicide

Answer 1

The actual killing of one person by another

Question 2

Year-and-a-day rule

Answer 2

Common law rule: death only foreseeable if within one year and one day.

Most states have abolished or at least lengthened

Question 3

Exceptions to direct cause for homicides

Answer 3

Accomplice
Conspiracy
Co-felons (for felony murder)

Question 4

Deadly weapons doctrine

Answer 4

Can infer intent to kill from use of weapon designed to kill, or use of weapon in way that is lethal

Question 5

Serious bodily harm doctrine

Answer 5

Intent to cause serious bodily harm, with resulting death, equals intent to kill

Question 6

Depraved heart murder

Answer 6

If DFT acted with depraved heart / “wanton indifference” / conscious disregard for human life,
in light of extreme risk of death or serious bodily harm,
equivalent to intent to kill.

e.g. forced russian roulette

Question 7

Felony murder

Answer 7

If death occurred during commission (or attempt or flight) of specific felonies, and is prox caused by the felony, malice is established

Question 8

Felony murder - underlying types of felonies

Answer 8

Sometimes listed in a statute. If not, must be:

1. independent of the killing AND
2. inherently dangerous

typical cases: BARRK
Burglary, Arson, Rape, Robbery, Kidnapping

Question 9

Felony murder underlying crimes - jurisdiction types (2)

Answer 9

“Abstract” jx - majority rule. Does this type of crime, in EVERY circumstance, create danger of death/serious bodily harm?

“Context” jx - minority rule. In THIS CONTEXT, did crime create danger?

Question 10

Felony murder - timing “bookends”

Answer 10

Liability begins as soon as you could FIND ATTEMPT

Liability ends as soon as DFT reaches TEMPORARY SAFETY

Question 11

Felony murder - co-felon liability

Answer 11

Modern majority rule: co-felons are only liable for killings PERPETRATED BY CO-FELONS

Some jx use minority rule: co-felons liable for killings committed by others (cashier shoots back, hits bystander)

Common law rule: ALL co-felons liable for ANY killing prox caused by felony

Question 12

Felony murder: Non-violent felon exception

Answer 12

MINORITY RULE.

Co-felons not liable for felony murder if

1) not armed AND
2) unaware of co-felons’ lethal intents

Question 13

Felony murder: “deserving felon” rule

Answer 13

MINORITY RULE

Co-felons not liable for deaths of co-felons at hands of others

Question 14

Felony murder: red line rule

Answer 14

MAJORITY RULE (unlike other exceptions)

Co-felons not liable for deaths of co-felons caused by POLICE OR VICTIMS

Question 15

Degrees of murder

Answer 15

First degree murder: PREMEDITATION and DELIBERATION

Second degree: PREMEDITATION

Question 16

Manslaughter

Answer 16

Voluntary manslaughter: intentional killing, but circumstances mitigate malice

Involuntary manslaughter: unintentional killing (w/o malice), less bad than the unintentional murders like felony murder

Question 17

Voluntary manslaughter: types

Answer 17

Heat of passion: DFT was adequately PROVOKED, negating malice. Must be both

• objective: reasonable person would lose control (and not have time to cool off). usually, mere words not enough
• subjective: this defendant ACTUALLY DID lose control and actually did not cool off

Imperfect self-defense:
- honestly believed force was necessary, but judgment was unreasonable

Diminished mental capacity: MINORITY POSITION
- not sufficient to satisfy insanity, but mitigates

Question 18

Involuntary manslaughter

Answer 18

DFT created unjustifiable risk of death, and death resulted

But insufficient to be depraved heart murder.

e.g. mishandling loaded weapon, DUI, etc

Question 19

Misdemeanor manslaughter

Answer 19

Manslaughter arising from misdemeanor that is “evil per se”. e.g. slap across the face triggers serious health condition

Also applies, in some jx, to felonies that are not inherently dangerous

Question 20

Battery

Answer 20

Battery is the intentional / reckless / criminally negligent application of force to a victim

Battery is GENERAL INTENT. Simple battery is a MISDEMEANOR. Aggravated battery is a FELONY - jx dependent, but usually involves serious bodily injury, deadly or dangerous weapon, or category of victim (children, pigs)

Defenses: consent is the big one. Defense of others/self, if force proportional. Prevention of crime is ok if proportional.

Question 21

Assault - 2 types

Answer 21

Specific intent crime.

Failed attempted battery: this is common law assault. Proof of intent to commit battery is all that’s necessary, no awareness or possibility defenses.

Fear of battery assault: this is ALSO viable under modern rule. Threatening conduct intended to cause REASONABLE APPREHENSION of imminent harm is assault.

Aggravated felony assault: dangerous weapon, intent to rape/murder, or statutory protected victim

Question 22

Mayhem

Answer 22

Common law: intent to maim or do injury accompanied by act that either: DISMEMBERS, or DISABLES BODY PART USEFUL IN FIGHTING.

Modern majority: also includes PERMANENT DISFIGUREMENT

Some jx just make this agg battery

Question 23

False imprisonment

Answer 23

Intentional and illegal confinement of a victim, and victim actually is fully confined.

Question 24

Kidnapping

Answer 24

Common law - unlawful restraint of liberty, by force/show of force, so as to send victim to another country

Modern majority rule - taken to another location or concealed is enough. don’t need another country

Question 25

Rape

Answer 25

Common law: 3 elements. vaginal penetration, without consent, by force/threat

Modern majority: no resistance requirement. focus on OBJECTIVE evidence of lack of consent

Penetration itself counts as force. If reasonable person in DFT’s position would know no consent, that’s the second element. Mistake of fact ok if both honest and reasonable.

Statutory rape: if victim under age of consent (usually 16), intercourse automatically rape b/c no legal consent ability. NO mistake defense!