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Crim/pro > Offenses against the person > Flashcards

Offenses against the person Flashcards

1
Q

Battery: definition

A

unlawful application of force to the person resulting in either bodily injury OR offensive touching

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2
Q

Must battery be intentional?

A

No

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3
Q

Must force be applied directly to constitute battery?

A

No, e.g. poisoning

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4
Q

What intent is necessary for battery?

A

general intent (awareness of acting in proscribed manner)

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5
Q

Assault: definition

A

attempt to commit battery (unlawful application of force to person resulting in bodily injury or offensive touching)

OR

intentional creation - other than by mere words - of a reasonable apprehension of imminent bodily harm

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6
Q

Aggravated assault = assault +

A

use of deadly or dangerous weapon

OR

with intent to rape, maim, murder

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7
Q

Homicide: general definition of murder

A

unlawful killing of another human being with malice aforethought

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8
Q

Homicide: What counts as “malice aforethought”? (first degree and second degree)

A

first degree:

  • intent to kill
  • intent to inflict great bodily harm
  • intent to commit felony

second degree:
- reckless indifference to an unjustifiably high risk to human life (depraved heart)

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9
Q

Homicide: What causation is necessary?

A

Cause in fact (but for)

Proximate cause

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10
Q

Homicide: general rule for proximate cause

A

D responsible for all results that occur as a natural and probable consequence of his conduct, even if he did not anticipate the exact manner in which they would occur

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11
Q

Homicide: limitations on proximate cause

A

death > 1 year and 1 day later

intervening cats (coincidence or unforeseeable)

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12
Q

First-degree murder: premeditated killing: victim must be…

A

human and dead

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13
Q

First degree murder: premeditated killing: what intent necessary?

A

D must have acted with intent or knowledge that his conduct would cause death

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14
Q

First degree murder: felony murder - what counts? what limitations?

A

Any killing - even an accidental killing - committed during the course or attempt of a felony

Deaths must be foreseeable

Not liable for death of co-felon

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15
Q

First degree murder: what defenses are available to felony murder?

A

If D has a defense to underlying felony, he has defense to felony murder

Deaths must be foreseeable

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16
Q

First degree murder: deaths caused while fleeing felony murders - are they felony murders?

A

Yes

BUT once D reaches point of temporary safety, deaths caused thereafter are NOT felony murders

17
Q

3 types of first degree murder

A
  • premeditated murder
  • felony murder
  • homicide of a police officer
18
Q

First degree murder: homicide of a police officer

A

(1) D must know vic is law enforcement officer

(2) vic must be acting in line of duty

19
Q

Second degree murder is aka…

A

depraved heart killing - RECKLESS disregard of unjustifiably high risk to human life

20
Q

What intent is necessary for second degree murder?

A

reckless indifference to an unjustifiably high risk to human life

21
Q

Voluntary manslaughter

A

(would be murder but for adequate provocation)

(1) killing in heat of passion resulting from ADEQUATE PROVOCATION by vic (D IN FACT provoked; if RP would have been provoked but D wasn’t, no defense) (subjective)
(2) provocation must be one that would arouse sudden and intense passion in the mind of an ordinary, RP such to cause him to lose self control (objective)
(3) there must have been insufficient TIME b/w provocation and killing for the passions of a RP to COOL (objective)
(4) D in fact did not col off b/w provocation and killing (subjective)

22
Q

Types of manslaughter (3)

A

(1) voluntary
(2) imperfect self defense
(3) involuntary

23
Q

Manslaughter: imperfect self-defense

A

If D has an honest BUT unreasonable belief that his life was in imminent danger, this defense will reduce a murder to manslaughter

24
Q

Involuntary manslaughter

A

Killing of criminal NEGLIGENCE

OR

Misdemeanor manslaughter - killing someone while committing a misdemeanor or unenumerated felony

25
Q

False imprisonment

A

Unlawful confinement, w/o no known alternate route, of person w/o his valid consent

26
Q

Kidnapping

A

confinement of person w/ either: some movement (asporation) OR concealment in secret place

27
Q

Rape

A

intercourse w/o consent

the slightest penetration completes the crime of rape

28
Q

Rape: when is consent lacking?

A
  • actual force
  • threat of great and immediate bodily harm
  • incapable of consent (unconscious, intoxicated, mental condition)
  • fraud caused to believe not intercourse
29
Q

Statutory rape

A

Strict liability crime

Consent and mistake of fact are not defenses

30
Q

First degree felony murder: felonies (BARRK)

A
  • burglary
  • arson
  • rape
  • robbery
  • kidnapping

Crim/pro (20 decks)

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