essay list

Question 1

Other Common law Crimes Against the Person:

Answer 1

False Imprisonment, Kidnapping, Rape

Question 2

murder

Answer 2

(unlawful killing with malice aforethought). Malice aforethought exists if (1) Intent to kill; (2) Intent to inflict great bodily injury; (3) Reckless indifference to an unjustifiably high risk to human life; OR (4) Intent to commit a felony (felony murder).

Question 3

Voluntary manslaughter

Answer 3

a killing that would be murder but for the existence

of adequate provocation: (1) sudden and intense passion; and (2) no time to cool off.

Question 4

Involuntary manslaughter

Answer 4

a killing that was committed (1) with recklessness or criminal negligence OR (2) during the commission of a misdemeanor or an un-enumerated felony.

Question 5

Battery:

Answer 5

an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching (general intent crime).

Question 6

Assault:

Answer 6

either (1) an attempt to commit battery (specific intent crime) or (2) a threat (general intent crime) (there is merger: if there’s a touching it’s battery not assault and battery).

Question 7

effect of transferred intent

Answer 7

allows the criminal to be charged with more than one crime, i.e. attempted murder for A and murder for B

Question 8

attempt is often coupled with

Answer 8

murder and manslaughter

Question 9

robbery is often with

Answer 9

felony murder, accomplice liability

Question 10

defenses are most common with

Answer 10

crimes against the person

Question 11

criminal negligence

Answer 11

when conduct creates substantial risk of death and
defendant’s actions were a gross deviation from standard of care that reasonable person would have exercised in same situation
some states require knowing it create a substantial risk of death

Question 12

depraved heart and driving

Answer 12

generally not depraved heart unless also intoxicated

Question 13

robbery

Answer 13

the taking must be from the person or the
presence of the victim in an area within his control. The taking must be accomplished by force, intimidation, threat, or violence. The threat of violence must place the victim in actual fear at the time of the taking.
Robbery is a specific intent crime.

Question 14

abandonment defense

Answer 14

The majority of jurisdictions do not accept the defense of abandonment where the defendant has engaged in more than mere preparation for a crime.
A minority of jurisdictions allow an affirmative defense of abandonment at any time if voluntary. it cannot be in response to any extrinsic factor or external
circumstance.