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
