Offenses Against the Person

Question 1

Battery

Answer 1

1-rule-unlawful application of force to the person resulting in either bodily injury or offensive touching
2-a battery need not be intentional
3-the force need not be applied directly
4-remember that battery is a general intent crime

Question 2

Assault

Answer 2

1-an attempt to commit a battery; or
2-the intentional creation-other than by mere words-of a reasonable apprehension of imminent bodily harm
3-the assault/battery distinction: if there has been an actual touching, the crime is battery

Question 3

Aggravated Assault

Answer 3

-an assault plus 1 of the following:
1-the use of a deadly or dangerous weapon; or
2-w/ the intent to rape, make, or murder

Question 4

Homicide

Answer 4

1-murder (generally)-murder is the unlawful killing of another human being w/ malice aforethought–such a state of mind exists if there is: a-intent to kill; or b-intent to inflict great bodily harm; or c-intent to commit a felony; or d-reckless indifference to an unjustifiably high risk to human life
2-cause in fact-defendant’s conduct must be the cause in fact of the victim’s death–in other words, the death would not have occurred but for the defendant’s conduct
3-proximate cause–the general rule is that a D is 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

Question 5

1st Degree Murder

Answer 5

a. premeditated killing
i-1st, the victim must be human and dead
ii-the defendant must have acted w/ intent or knowledge that his conduct would cause death
b. felony murder
i-any killing-even an accidental killing-committed during the course of a felony
ii-defenses to felony murder:
A-if D has a defense to underlying felony, then he has a defense to felony murder
B-the felony they are committing must be a felony other than the killing
C-the deaths must be foreseeable
D-deaths caused while fleeing from a felony are felony murders, BUT once D reaches a point of temporary safety deaths caused thereafter are NOT felony murders
E-on MBE, defendant is not liable for the death of a co-felon as a result of resistance by the victim or the police
c-homicide of a police officer
1-D must know the victim is a law enforcement officer, and 2-victim must be acting in the line of duty

Question 6

2nd Degree Murder

Answer 6

a-in many states, 2nd degree murder is classified as a depraved heart killing-a killing done w/ reckless indifference to an unjustifiably high risk to human life; or
b-murders that are not classified as 1st degree murders

Question 7

Voluntary Manslaughter

Answer 7

1-killing in the heat of passion resulting from an adequate provocation from victim
2-the provocation must be one that would arouse sudden and intense passion in mind of an ordinary person such to cause him to lose self-control
3-there must not have been sufficient time between the provocation and the killing for the passions of a reasonable person to cool; and
4-the defendant in fact did not cool off between the provocation and the killing

Question 8

Imperfect Self-Defense

Answer 8

1-if Defendant has an honest but unreasonable belief that his life was in imminent danger, this defense will reduce a murder to manslaughter
2-NOTE-only some states recognize this

Question 9

Involuntary Manslaughter

Answer 9

1-a killing of criminal negligence or

2-misdemeanor manslaughter–killing someone while committing a misdemeanor or an unenumerated felony

Question 10

False Imprisonment

Answer 10

1-rule-unlawful confinement of a person w/o his valid consent
2-NOTE-if a known alternate route is available, the confinement element will not be met for purposes of false imprisonment
3-NOTE-one’s consent to the confinement precludes it from constituting false imprisonment

Question 11

Kidnapping

Answer 11

rule-confinement of a person w/ either some movement OR concealment in a secret place