Offenses Flashcards
What are the Offenses Against Persons in criminal law?
Battery
Assault
Rape
Statutory Rape
False Imprisonment
Kidnapping
Mayhem
What are the Offenses Against Habitation in criminal law?
Burglary
Arson
What Defenses are available in criminal law?
Self-Defense
Defense of Others
Defense of Habitation
Can you define Battery?
Application of force to the person of the victim.
In criminal law, is Battery a general intent crime?
Yes, the intent to apply force to the victim will be presumed from the act.
What must the result of a Battery be?
Bodily injury or Offensive Contact
What are the two types of Assault in criminal law?
Attempted Battery
Apprehension of Receiving a Battery
Can you define Attempted Battery?
A substantial step toward the completion of a battery with the intent to commit a battery.
Can you define Apprehension of Receiving a Battery?
Intentionally causing reasonable apprehension of receiving an immediate battery.
Is Attempted Battery a specific intent crime?
Yes, specific intent is required to commit a battery.
Will an Attempted Battery merge into a completed Battery?
Yes, an Attempted Battery will merge into a completed Battery.
Is Apprehension of Receiving a Battery a specific intent crime?
Yes, specific intent to cause apprehension is required.
Does Apprehension of Receiving a Battery merge into a completed Battery?
No, Apprehension type assault will not merge.
So, Attempted Battery and Apprehension of Receiving a Battery are both specific intent crimes?
Correct
And Attempted Battery will merge into a completed Battery but Apprehension of Receiving a Battery will not merge?
Correct, only Attempted Battery will merge into Battery.
For Assault - Apprehension of Receiving a Battery, what constitutes reasonable apprehension?
Same as torts:
(1) Reasonable–judged by the reasonable person standard.
(2) Apprehension = expectation.
(3) Apprehension =/ fear.
(4) Fear = apprehension.
(5) Apparent ability to cause battery is all that is required.
d. Immediate battery–not future.
e. Result: no pain or injury required
Is there a third type of Assault?
Yes, Aggravated Assault.
What is Aggravated Assault?
Assault with a deadly weapon.
Assault with felonious intent.
Can you define Rape?
Sexual intercourse with a woman, by a man, not her husband, without consent.
Is Rape a general intent crime?
Yes, the intent to have non-consensual intercourse is inferred from the act.
How is Lack of Consent determined in Rape?
Forced used: no consent.
Threats used: no consent.
Incapacity: no consent.
Fraud: usually not rape.
So Force, Threats, or Incapacity = no consent?
Correct
But “Fraud” usually does not equal rape?
Correct, Fraud usually does not equal Rape.
Is a reasonable mistake as to consent a valid defense for Rape?
Yes, a reasonable mistake as to consent is a valid defense for Rape.
Can you define Statutory Rape?
Sexual intercourse with a woman under the age of 18 (majority rule). Some jurisdictions set at 16.
Is Statutory Rape a strict liability offense?
Yes, no Mens Rea is required.
Can one consent to Statutory Rape?
Consent is irrelevant. The act alone is a crime.
Is reasonable mistake as to age a valid defense in Statutory Rape?
No, reasonable mistake as to age is no defense.
Can you define False Imprisonment?
Confinement of a person with without consent.
Is False Imprisonment a general intent crime?
Yes, the intent to confine is presumed from the act.
How is “Confinement” determined?
- Movement in all directions blocked.
- Accomplished by barriers, force or threats of force.
How is “without consent” determined?
- Must have capacity to consent.
- Without fraud or duress.
Can you define Kidnapping?
Forcible abduction of a person from his country into another country.
Modernly: Secreting a person away.
Is Kidnapping a general intent crime?
Yes, the intent to confine is presumed from the act.
Is there another type of Kidnapping?
Yes, aggravated kidnapping.
What is Aggravated Kidnapping?
- Kidnapping for Ransom.
- Kidnapping for commission of other crimes.
Can you define Mayhem?
Common Law: Disablement or dismemberment of a bodily part with malice that impairs military service to the king.
Modernly: Disablement or dismemberment of a bodily part, or disfigurement with malice.
Is mayhem a malice crime?
Yes, mayhem is a malice crime.
How is malice for Mayhem determined?
- The defendant intended to disable, dismember or disfigure; or
- The disablement, dismemberment or disfigurement occurred because of the defendant’s reckless disregard of an obvious risk.
What type of injury is required for Mayhem?
Must be permanent. Reduction of injury by medical treatment will not be considered.
So Battery, Rape, False Imprisonment and Kidnapping are the general intent crimes toward persons?
Yes
So then Assault is specific intent, Statutory Rape is strict liability, and Mayhem is malice?
Yes
Can you define Common law Burglary?
At common law, burglary is a trespassory breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein.
What constitutes “trespassory” within common law burglary?
- Without the consent of the occupant.
- If open to public, may not be trespassory.
- Is implied within the breaking and entering.
What constitutes “breaking” within common law burglary?
- Actual: Moving aside any obstacle, however slight, will suffice.
- Constructive: Entry is accomplished by fraud or threats of force.
- Interior door doctrine: If there is no initial obstacle but an interior door, that is part of the structure, is opened, this will satisfy the element.
What are the two types of “breaking” within common law burglary?
Actual and Constructive
What constitutes “Actual” breaking in common law burglary?
Actual: Moving aside any obstacle, however slight, will suffice.
What constitutes “Constructive” breaking in common law burglary?
Constructive: Entry is accomplished by fraud or threats of force.
Can the “interior door doctrine” satisfy the burglary element of “breaking” in common law burglary?
Yes, the “interior door doctrine” satisfies the burglary element of “breaking”.
What is the interior door doctrine in common law burglary?
Interior door doctrine: If there is no initial obstacle but an interior door, that is part of the structure, is opened, this will satisfy the element of “breaking.”
What satisfies the element of “entering” in common law burglary?
Bodily entering: It is an entry if any part of the body breaks the perimeter.
Inanimate Objects entering: It is an entry if the inanimate object is used to carry out the felonious intent.
So the “entering” element within common law burglary can be satisfied by either a “bodily entry” or entry of an “intimate object” as long as the inanimate object is used to carry out felonious intent?
Correct, the “entering” element within burglary can be satisfied by either a “bodily entry” or entry of an “intimate object” as long as the inanimate object is used to carry out felonious intent
What constitutes a “dwelling house” in common law burglary?
- Must be used with regularity for sleeping purposes. 2. Includes other structures within the curtilage.
What constitutes “of another” - as in “dwelling house of another” within common law burglary?
Of Another: Cannot commit a burglary of your own dwelling.
So a “dwelling house” in common law burglary must be used for sleeping and includes other structures within the curtilage?
Correct, the “dwelling house” in common law burglary must be used for sleeping and includes other structures within the curtilage.
What constitutes “in the nighttime” within common law burglary?
Common Law: The countenance of a person could not be discerned by natural light. Modernly: Either 1/2 or 1 hour after sunset and before sunrise.
What satisfies “intent to commit a felony therein” within common law burglary?
Mens Rea
(a) Specific intent.
(b) Intent to commit a felony therein.
Concurrence of actus reus and mens rea.
Remember, interior door doctrine.
Mistake: reasonable and unreasonable is a valid defense.
Is Common law burglary a specific intent crime?
Yes, defendant must have the intent to commit a felony therein.
Is reasonable and unreasonable mistake a valid defense to common law burglary?
Yes, reasonable and unreasonable mistake a valid defense to common law burglary.
Can you define Statutory or Modern Burglary?
Entry into any structure with the intent to commit a crime therein.
So modernly, entry into any structure with the intent to commit a crime therein is burglary?
Correct
Does modern burglary include structures other than dwellings?
Yes, any structure will do.
Does modern burglary have to happen in the nighttime?
No, any time of day will do.
Is there any “breaking” requirement in modern burglary?
No, there is no breaking requirement.
So modernly, burglary can occur within any structure, any time of day, and no breaking is required? Just the intent to commit a crime therein?
Correct
Is modern burglary a specific intent crime?
Yes, the defendant must have the intent to commit any crime, even a misdemeanor therein.
In modern burglary, can the crime that the defendant intends to commit be any crime at all? Even a misdemeanor?
Correct, the intent to commit any crime will do.
Can you define Arson?
At common law, the burning of the dwelling house of another.
What satisfies the burning element in arson?
- Caused by fire, not explosion.
- Scorching, discoloration by heat, blackening by smoke or blistering of paint is insufficient.
- Charring or damage to the fiber of the wood of the structure is sufficient.
So “burning” in arson is any scorching, discoloration by heat, blackening by smoke, charring or damage to the fiber of the wood of the structure?
Correct
Can the “burning” element in arson be satisfied by explosion, or must it be caused by fire?
The ‘burning” can only be caused by fire, not explosion.
What satisfies the “dwelling house” element in arson?
Dwelling House
a. Same factors as burglary.
b. Modernly, jurisdictions extend arson to other structures.
So “dwelling house”, being “used regularly for sleeping purposes” is the same between common law burglary and arson?
Yes
What satisfies the “of another” element in arson?
a. At common law, burning your own house was not arson.
b. Renter who burns own house–is not arson.
c. Owner who burns renter’s house–is arson.
d. Burning one’s own home to defraud insurance is arson.
So, burning your own house is not arson?
Correct
What if I own the house but I am renting it out and I burn it down, is that arson?
Yes, that’s arson.
What if I burn my own house to defraud insurance? Is that arson?
Yes, that’s arson.
So I can burn my own house without it being arson as long as I am not renting it out and not burning it to defraud insurance?
Correct
Is arson a malice crime?
Yes
How do we establish malice in arson?
Either
(1) the defendant intended to burn the dwelling house; or
(2) the burning occurred because of the defendant’s reckless disregard for an obvious risk.
So malice in arson occurs when either the defendant intended to burn the dwelling house or the burning occurred because of the defendant’s reckless disregard for an obvious risk?
Correct
Can you define Self-Defense?
Defendant may use force that reasonably appears necessary to avoid unlawful force upon defendant.
What level or “force” is allowed in criminal self-defense?
Reasonable force to avoid harm.
Is retaliation allowed in self-defense?
No, retaliation is not allowed.
Can one use deadly force in self-defense?
Yes, but defendant must be in immediate danger of an unlawful deadly attack.
What are the three scenarios that determine a duty to retreat in self-defense?
- No fault of defendant
- Non-deadly attack initiated by defendant
- Deadly attack or dangerous crime initiated by defendant.
In “no fault of defendant”, what is the duty to retreat?
The majority rule - no duty to retreat.
In “non-deadly attack initiated by defendant”, what is the duty to retreat?
Retreat required if it can be accomplished with complete safety.
In “deadly attack or dangerous crime initiated by defendant”, what is the duty to retreat?
Withdrawal by defendant and withdrawal is communicated to the victim.
So, for self-defense: no fault = no duty to retreat, non-deadly attack initiated by defendant = retreat required if safe, deadly attack initiated by defendant = withdrawal by defendant and communication of withdrawal to victim.
Correct
Can you define Defense of Others?
Defendant may use force that reasonably appears necessary to avoid unlawful force upon a third party.
Who may be defended?
Common Law
(1) A close relationship must exist between third party
and defendant.
(2) Relative or master/servant.
Modern Majority Rule: Any one can be defended–even a complete stranger.
What force is allowed in defense of others?
Traditionally
- Alter ego doctrine: where the defendant steps into the shoes of the third party.
- Can only use the force that third party could have actually used–no mistakes allowed.
Majority Rule
- Defendant can use the force that defendant reasonably believed that the third party had the right to use.
- Allows for mistakes.
- Encourages public involvement.
Can you define defense of habitation?
Deadly force may be used to prevent the commission of a dangerous felony by trespasser.
What constitutes a dangerous felony for defense of habitation?
Burglary or Arson
What force may be used to prevent a trespass to real property under defense of habitation?
Reasonable non-deadly force may be used to prevent a trespass to real property.
So for defense of habitation, deadly force can be used to prevent the commision of a dangerous felony (burglary or arson) by a trespasser, but only non-deadly force can be used to prevent a simple trespass?
Correct
