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Criminal law > Offenses against the person > Flashcards

Offenses against the person Flashcards

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1
Q

Mayhem

A
  1. Intentional
  2. Maiming or permanently disabling or
  3. Battery causing great bodily harm.

MaIming = Maim, intentional

Common law notion of aggravated forms of battery and/or assault; created in order to classify violent felonies that did not result in death

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2
Q

Battery

A
  1. Intention infliction of
  2. Unlawful
  3. Harmful or offensive
  4. Bodily (human) contact

Generally is intentional, but may be committed recklessly or negligently. If done recklessly (without intent), voluntary intoxication is not a defense, whereas it may be a defense to intent.

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3
Q

Murder mental states

A
  1. Intent to kill
  2. Intent to do serious bodily injury
  3. A reckless indifference to the value of human life (possibly giving rise to felony-murder)
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4
Q

Voluntary manslaughter

A
  1. Intentional killing of another
  2. Human being in the
  3. Sudden heat of passion in
  4. Response to
  5. Adequate provocation

Hi SIR

Heat of passion = ordinary person, avg. disposition
Adequate provocation = CL words alone ≠
Cool off (no reasonable opportunity to)
Causally linked MOTIVATION to killing
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5
Q

Involuntary manslaughter definition

A

Killing of another human being with:

  1. Criminal negligence (gross dev. fm. std. of care)
  2. Commission of non-felony
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6
Q

Assault

A
  1. Attempt to commit a battery; OR
  2. Intentional causing of
  3. Apprehension of
  4. Imminent harmful or offensive bodily contact
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7
Q

False imprisonment

A
  1. Unlawful
  2. Confinement of a person without valid
  3. Consent
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8
Q

Kidnapping

A
  1. Unlawful
  2. Confinement of a person with
  3. Movement or Hiding
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9
Q

Malicious

A
  1. Acting with intent or

2. reckless disregard of an known risk

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10
Q

Classifying criminal homicide

A

Intentional killing (2, 3 & 4 are DEEMED intentional):

Murder = Malice (express or implied)

  1. Intent to kill (EXPRESS M1)
  2. Grievous bodily injury (intent to inflict) (IMPLIED M2)
  3. Reckless indifference TAUJHRTL (DHM) (IMPLIED M2)
  4. Felony (intent to commit - FMR / BARRK) (IMPLIED)

VM = Malice + Adequate Provocation

Unintentional killing: IVM

  1. Criminal negligence
  2. Misdemeanor (MM)
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11
Q

Criminal homicide requirements and steps in analysis

A
  1. Voluntary act or omission - actus reus
  2. Culpable mental state - mens rea
  3. Causation (actual and proximate)
  4. Concurrence (temporal/timing and motivational)

Step 1: Unlawful killing of a human?
Step 2: Malice aforethought (intent, IIGBI, DHM, FMR)
Step 3: SHoP?

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12
Q

Murder definition

A
  1. Unlawful killing
  2. Human being
  3. Malice aforethought
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13
Q

Limitations on FMR

A
  1. Inherently dangerous (BARRK)
  2. Merger (distinct from underlying F ≠ battery (IVM))
  3. Time/distance (liable until temporary safety)
  4. Nexus (logical - causal link)
  5. 3P killing (agency/MAJ vs. proximate/MIN)
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14
Q

IVM criminal negligence vs. RTAUJHRTHL (DHM)

A
  1. Gross deviation (from reas. standard of care) or misdemeanor = IVM
  2. Recklessness = AWARENESS of D

Main difference is awareness of risk by D

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15
Q

M1 vs. M2

A

M1 =

  1. Premeditation,
  2. FM (BARRK)
  3. HM (poison, ambush)

M2 =

  1. Non-HM, not SHoP/VM
  2. IIGBI, not SHoP/VM
  3. DHM / RTAUJHRTHL, not SHoP/VM
  4. FM not BARRK

Premeditation with malice aforethought; intent to kill, not heinous or premeditated (and cannot be mitigated to VM)

Heinous = poison, lying in wait, torture, mutilation

Intent to inflict grievous bodily injury

Reckless indifference to an unjustifiably high risk - depraved heart murder that cannot be mitigated to VM

Intent to commit a felony not specifically listed under M1 (BARRK - burglary, arson, rape, robbery, kidnapping)

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16
Q

MPC does not recognize which three types of killing or charges/crime?

Instead, what does it recognize and what are the elements?

A
  1. Does not recognize involuntary manslaughter.
  2. Does not recognize FMR.
  3. Does not recognize degrees of murder.

MPC elements for manslaughter:

  1. Reckless homicide - conscious disregard of a known risk with
  2. Extreme and Reasonable emotional disturbance

Note: Would be murder, but for extreme and reasonable emotional disturbance.

17
Q

MPC murder definition

Gross recklessness meaning under MPC

Main difference with CL

A
  1. A killing committed
  2. Purposely or knowingly, or with
  3. Gross recklessness (under the circumstances manifesting extreme indifference to human life)

MPC does not require premeditation and deliberation, nor does it recognize intent to inflict GBI.

18
Q

FMR three approaches

When can D be liable for 3P killing under each?

Which is the majority approach?

A
  1. Agency (majority) - done in furtherance of the felony, D not generally liable for 3P killings, except when V is a shield
  2. Proximate cause - reasonably foreseeable - D can be liable for 3P killing
  3. Provocative act - D shoots first, D can be liable for 3P killing
19
Q

MPC manslaughter elements

Objective or subjective standard?

A
  1. reckless or
  2. under influence of extreme emotional or mental distress

Subjective standard applies → determined from the viewpoint of a person in D’s situation under the circumstances as D BELIEVED THEM TO BE.

20
Q

MPC manslaughter elements that apply under CL, but not MPC

A
  1. Provocation

2. Cooling-off period

21
Q

MPC does not recognize FM, but does assume that what type of mens rea will allow an inference of what is called malice aforethought under CL?

What predicate crimes will allow an inference of that mens rea?

A

Reckless under MPC is sufficient for murder in the absence of purposely or knowingly:

Burglary
Arson
Rape / forcible deviate sexual intercourse
Robbery
Kidnapping
Felonious escape (prison escape, typically)

22
Q

4 mental states for criminal homicide under MPC.

What constitutes recklessness under MPC?

A

Purposely, knowingly, gross recklessness, criminal negligence.

Extreme indifference to the value of human life = gross recklessness under MPC.

23
Q

MPC manslaughter is a criminal homicide committed when (two scenarios)

A
  1. Reckless, not extreme indifference to value of human life, OR
  2. Extreme emotional or mental disturbance (reasonable).
24
Q

MPC negligent homicide elements (2)

A
  1. Failed to perceive substantial and unjustified risk, AND

2. Gross deviation from RPSC.

25
Q

Rape elements under common law

A
  1. Woman V
  2. Man
  3. Not husband
  4. Nonconsensual
  5. Sexual intercourse

Criminal law (7 decks)

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