Lecture 4 - Other Offences Against the Person Flashcards
What is the difference between assault and battery?
Assault involves some from of physical contact between parties (however slight).
Battery is ATTEMPTED assault
However, some jurisdictions have allowed the threat of assault (ex brandishing a knife) to___
constitute assut
Under the MPC, assault combines the following 3 elements:
physical contact,
attempted physical contact,
and causing reasonable apprehension of bodily injury
What are the 3 elements of physical battery?
- The engagement of of the unlawful application of physical force
- Which results in either bodily injury or offensive touching
- And is acted u[on with purpose, knowledge, or recklessness (or negligence in some jurisdictions) to cause the result
for physical battery, it is presumed that___
the physical force must be unlawful and unjustified
For Assault, distant harms___
do not qualify. mere verbal threats of shooting someone would be insufficient, whereas brandishing a gun after making the threat would be
What is the general required mental state for assault?
merely intending to cause the victim to apprehend that some form of harm will befall them
What are the 3 basic elements of kidnapping?
- Confining or carrying away the victim,
This element is the most controversial and is also referred to as “asportation”
In common law, this was usually met only if the victim was transported across state lines
Now, it is met by the slightest movement of the victim by the perpetrator, so long as that moment was not in the commission of another crime
Ex. Kiddnapping and carjacking would not be counted seperatly as that would be charging twice for the same act - Forcibly by threat or or fear or deception, and
All jurisdictions agree that accomplishing the act through force is enough to meet the act requirement, while MPC jurisdictions recognize that the act requirement is met by fearer deception - For a nefarious purpose
This meets the mental requirement
What 3 things does the MPC recognize as nefarious purposes for kidnapping?
- To hold for ransom/as a shield
- To facilitate another felony or flight thereafter
- To inflict bodily injury on or to terrorize the victim or another
Does minimal contact count as physical battery?
yes. People v. Peck
Whether or not an assault has occurred is determined by___
whether a reasonable person in the circumstance would have felt a reasonable apprehension of bodily harm State v. Birthmark
What are the 4 factors of the test to determine if asportation has occurred (defined in Goolsby v. State)
- The duration of the movement
- Whether the moment occurred during the commission of a separate offence
- Whether such movement wass an inherent part of that separate offence
- Whether the movement itself presented a significant danger to the victim independent of the danger imposed by the separate offence
This test is factor based, and 2 of the 4 factors being met is sufficient to find asportation.
Under common law, what 3 categories is theft divided into?
- Larceny
- Theft by false pretences
- Embezzlement
Define larceny
tresspassory taking away something of someone else’s with the intent to permanently deprive the TO of that property, also included “larceny by trick”, which involves fraud to unlawfully gain possession over the item. Larceny either involves a physical taking or a ruse to deprive the true owner of their possessoon. Either way, the “intent to permanently deprive the TO” is essential
Define Theft by false pretences, and differentiate it from larceny
very similar to “larceny by trick”, but it requires that the actor acquire actual title (as opposed to mere possession) through the use of fraud. This is differentiated further from “larceny by trick” in which theft by false pretences has the TO intending to transfer title whereas larceny by trick does not
Define embezzlement
involves an actor’s lawful possession of another’s personal property, which is then converted or appropriated by the actor to purposefully deprive the TO of the property.
What differentiates larceny from embezzlement?
the actor lawfully has possession over the item, while in larceny the actor does not
Does the MPC follow such divisions of theft?
No. It has one all encompassing theft offence
What are the 4 factor for the MPC theft offence?
- Physically take and carry away, or
- Use deception, fraud or extortion to take…
- The victim’s property with…
- The intent to permanently deprive the victim of the property
What defines fraud and extortion?
if the taking is completed through less than physical means, such as deception or coercion, then it is classified as fraud or extortion - these offences all involve the victim wilfully given the defendant access to the property, but the fraud vitiates that consent
What defines extortion?
the perpetrator convinces the owner to convey property in exchange for the perpetrator promising not to engage in some illegal act - ex. Promising not to assault the victim if they are paid $500
What defines blackmail?
the perpetrator convinces the owner to convey property in exchange for the perpetrator promising not to engage in some LEGAL act
Under the MPC extortion and blackmail are___
consolidated into a more general extortion charge
For the mens rea of theft___
the defendant need only know that that the victim has possessory interest of the item. So, if the defendant is unaware that the property is owned by someone else, they cannot be guilty of theft
What defines robbery?
robbery involves the use of physical fore ti accomplish theft
According to the MPC, a person is guilty of robbery if, in the course of committing a theft they:
- Inflict serious bodily injury upon another, or
- Threatens another with or purposefully puts them in fear of immediate serious bodily injury, or
- Commits or threatens immediately to commit any felonyof the first or second degree
Jimmy is a pickpocket. Is Jimmy a robber?
No. At most, Jimmy has committed larceny.
Jimmy pickpockets a customer at Starbucks. the customer notices, and the two struggle for the customers wallet off the counter before Jimmy punches the customer and wrenches the wallet out of the customer’s hand. Is Jimmy a robber?
Because Jimmy used more force than would be strictly necessary to take the wallet, yes.
What defines burglary?
Traditionally, breaking into a private area with intent to commit a felony within. Today, the requirements have been lessened. Mere intent to trespass and commit a felony therein may be sufficient.
For a person to be convicted of burgerly, must the intended crime within the private space be completed?
No. The mere action of entering with intent to commit a crime is enough
Under common law, what is the message rea for arson?
a willful and malicious burning
