Homicide and Offenses Against the Person

Question 1

Common law murder

Answer 1

Unlawful killing of human being with malice aforethought

Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it and it was committed with one of the following states of mind:
- intent to kill (first degree)
- intent to inflict great bodily injury (second degree)
- Reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart or depraved heart), or
- intent to commit a felony (felony murder)

Question 2

Intentional use of a deadly weapon and intent

Answer 2

Intentional use of a deadly weapon authorizes a permissive inference of intent to kill

Question 3

Statutory modification of common law classification of murder

Answer 3

In some jurisdictions, murder is divided into degrees by statute

First degree
Second degree
Felony murder

Question 4

First degree murder

Answer 4

A murder will be second degree murder (similar to common law) unless it comes under the following circumstances
- deliberate and premeditated first degree murder
- first degree felony murder
- killings performed in certain ways or with certain victims

Question 5

Deliberate and premeditated first degree murder

Answer 5

Defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a very brief period

Acted with intent or knowledge that their conduct would cause death

Specific intent so has the other defenses
- knocking it to second degree

Question 6

First degree felony murder

Answer 6

In many states, a killing committed during the commission of an enumerated felony is felony murder and first degree murder

BARRK common law felonies for first degree - burglary, arson, rape, robbery, kidnapping
- statutes can create more - felonies that are inherently dangerous to human life are often specifically added
- other statutes may provide that a killing during any felony is felony murder, but it will typically be second degree felony murder

Question 7

Murder of a cop

Answer 7

Many states make the homicide of a police officer first degree murder

The defendant must know the victim is a law enforcement officer and the victim must be acting in the line of duty
- can still be off duty and acting in the line

Question 8

Second degree murder

Answer 8

If jurisdiction divides murder into degrees, a second degree murder is usually classified as a depraved heart killing - a killing done with a reckless indifference to an unjustifiably high risk to human life

Or any murder that is not classified as a first degree murder

Question 9

Felony murder

Answer 9

Any death caused in the commission of, or in an attempt to commit, a felony is murder

Malice is implied from the intent to commit the underlying felony

Limitations

Question 10

Felony murder limitation - committed or attempted to commit

Answer 10

The defendant must have committed or attempted to commit the underlying felony for felony murder to attach

A defense that negates an element of the underlying offense will also be a defense to felony murder

Question 11

Felony murder limitation - distinction

Answer 11

The felony must be distinct from the killing itself for felony murder to attach

Ex: commission of aggravated battery that causes a victims death does not qualify as an underlying felony for felony murder liability

Question 12

Felony murder limitation - foreseeable

Answer 12

In order for felony murder to attach, death must have been a foreseeable result of the felony

Question 13

Felony murder limitation - death and immediate flight

Answer 13

The death must have been caused before the defendant’s immediate flight from the felony ended

Once the felon has reached a place of temporary safety, subsequent deaths are not felony murder

Question 14

Felony murder limitation - co-felon murder

Answer 14

In most jurisdictions, the defendant is not liable for felony murder when a co-felon is killed as a result of resistance from the felony victim or the police

Question 15

Felony murder and proximate cause theory

Answer 15

Under the proximate cause theory, felons are liable for the deaths of innocent victims caused by someone other than a co-felon

Minority

Question 16

Felony murder and the agency theory

Answer 16

Under agency theory of felony murder, the killing must be committed by a felon or their agent (an accomplice) with limited exceptions in cases in which the victim was used as a shield or otherwise forced by the felon to occupy a dangerous place

Majority so if silent, apply this one

Question 17

Voluntary manslaughter

Answer 17

Killing that would be murder but for the existence of adequate provocation

Provocation is adequate only if
- sudden and intense passion in the mind of an ordinary person that causes them to lose self-control
- defendant was in fact provoked
- not sufficient time between provocation and the killing for passions of a reasonable person to cool, and
- the defendant in fact did not cool off

Question 18

Imperfect self-defense

Answer 18

Some states recognize an imperfect self-defense doctrine under which murder may be reduced to manslaughter even though
- defendant was at fault in starting altercation, or
- defendant unreasonably but honestly believed in the necessity of responding with deadly force

Question 19

Involuntary manslaughter

Answer 19

Killing is involuntary manslaughter if it was committed

• with criminal negligence (or by recklessness under the MPC), or
• in some states, during the commission of an unlawful act (felony or misdemeanor not included within felony murder rule). Foreseeability of health also may be a requirement

Question 20

Involuntary manslaughter vs abandoned and malignant heart murder

Answer 20

At common law, abandoned and malignant heart murder involves a high risk of death

Involuntary manslaughter based on reckless requires only a substantial risk

Question 21

Causation

Answer 21

Defendant’s conduct must be both the cause in fact and the proximate cause of the victim’s death

Cause in fact: but for

Proximate causation: natural and probable consequence of the conduct, even if the defendant did not anticipate the precise manner in which the result occurred
- superseding factors may break the chain of proximate causation

Question 22

Hastens an inevitable result and causation

Answer 22

An act that hastens an inevitable result is still the legal cause of that result

Question 23

Simultaneous acts and causation

Answer 23

Simultaneous acts of two or more persons may be independently sufficient causes of a single result

Question 24

Victim’s preexisting weakness and causation

Answer 24

A victim’s preexisting wakens or fragility, even if unforeseeable, does not break the chain of causation

Question 25

Year and a day rule

Answer 25

Traditionally, for a defendant to be liable for homicide, the death of the victim must have occurred within one year and one day from infliction of the injury or wound Most states that have reviewed this rule have abolished it

Question 26

Intervening Acts

Answer 26

Generally, an intervening act shields the defendant from liability if the act is a coincidence or is outside the foreseeable sphere of risk created by the defendant Third party's negligent medical care and the victim's refusal of medical treatment for religious reasons are both foreseeable risks, so def would be liable

Question 27

Battery

Answer 27

Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching Can be, but does not need to be, intentional and the force need not be applied directly General intent crime

Question 28

Aggravated battery

Answer 28

Most jurisdictions treat the following as aggravated batteries and punish as felonies - battery with a deadly weapon - battery resulting in serious bodily harm, and - battery of a child, woman, or police officer

Question 29

Assault

Answer 29

Either - an attempt to commit a battery, or - the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm Cannot be an assault if there is an actual touching of the victim

Question 30

Aggravated assault

Answer 30

Assault plus one of the following: - the use of a deadly or dangerous weapon, or - with the intent to rape, maim, or murder

Question 31

False imprisonment

Answer 31

Unlawful confinement of a person without the person's valid consent MPC requires that the confinement must interfere substantially with the victim's liberty Not confinement to simply prevent a person from going where they desire to go, as long as alternative routes are available to them and are reasonable alternatives

Question 32

Kidnapping

Answer 32

Unlawful confinement of a person that involves either - some movement of the victim, or - concealment of the victim in a secret place

Question 33

Aggravated kidnapping

Answer 33

Kidnapping for ransom Kidnapping for purpose of committing other crimes Kidnapping for offensive purposes Child stealing

Question 34

Rape

Answer 34

Traditionally, rape was the unlawful carnal knowledge of a woman by a man, not her husband, without effective consent Today, number of state statutes have renamed rape as gender-neutral sexual assault Slightest penetration is sufficient

Question 35

Statutory rape

Answer 35

Carnal knowledge of a person under the age of consent Strict liability crime - not necessary to show lack of consent and defendant's reasonable mistake to age do not prevent liability