Homicide and Offenses Against the Person Flashcards
What is involuntary manslaughter?
Killing committed with criminal negligence, or criminal recklessness in some jurisdictions.
What are the elements of kidnapping?
(1) Unlawful confinement of a person and either (2a) the movement of that person or (2b) the concealment of that person in a secret place
What are the elements of false imprisonment?
(1) The unlawful confinement (2) of a person (3) without that person’s valid consent.
MPC: Confinement must interfere substantially with a person’s liberty
What are the elements of battery?
(1) The unlawful application of force (2) to the person of another (3) resulting in physical injury or offensive contact.
What is assault?
Either an attempted battery OR
The intentional creation of a reasonable apprehension of imminent bodily harm in the mind of the victim, by more than just words.
What is required to reduce murder to voluntary manslaughter?
(1) There must have been provocation which would arouse sudden and intense passion in the mind of an ordinary person and cause them to lose control
(2) The defendant’s passions must have actually been provoked
(3) There must not have been sufficient time between the provocation and the killing for the passions of a reasonable person to cool
(4) The defendant must not have actually cooled off
What is the definition of first degree murder in most jurisdictions?
Murder committed with purpose/knowledge, where the defendant reflected on the killing in a cool and dispassionate manner
What was the CL definition of murder?
The unlawful killing of another with malice aforethought
Which mental states were sufficient to establish malice aforethought at CL?
Intent to kill, intent to inflict serious bodily injury, reckless/depraved heart murder, intent to commit a dangerous felony
What are the rules pertaining to when a defendant is liable for deaths caused by third parties under the felony murder rule?
A defendant usually is not liable for the death of a co-felon due to resistance by the victim or police.
Agency rule (majority): D is only liable for deaths caused by them or their agents // Proximate cause rule: D is liable for the death of any innocent victim
What are the limitations on the felony murder rule?
Murder must be independent from the felony (not the same act), murder must be a foreseeable consequence of the felony, rule does not apply to deaths after felon has reached a place of “temporary safety”
What five felonies were considered “dangerous” under CL?
Burglary, arson, rape, robbery, and kidnapping (or attempt)
