Offenses Against the Person

Question 1

Battery elements?

Answer 1

Unlawful application of force

To the person

Resulting in either bodily injury or offensive touching

Question 2

A battery must/need-not-be intentional.

Answer 2

Need not be

Question 3

Force must/need-not-be applied directly to constitute a battery.

Answer 3

Need not be.

Question 4

Battery is a ____ intent crime.

Answer 4

General

Question 5

An assault is an attempt to commit a battery OR the intentional creation, other than by mere words, of a reasonable. . .

Answer 5

Apprehension of imminent bodily harm.

Question 6

Primary difference between assault and battery?

Answer 6

Actual touching = battery

Question 7

Aggravated assault is an Assault plus one of these two elements:

Answer 7

Use of a deadly or dangerous weapon

Intent to rape, maim, or murder

Question 8

Murder is the unlawful killing of another with . . .

Answer 8

Malice aforethought

Question 9

Malice aforethought exists in which four situations? Plus degree

Answer 9

Intent to kill (1st)

Intent to inflict great bodily harm (2nd)

Intent to commit a felony (1st)

Reckless indifference to an unjustifiably high risk to human life (2nd)

Question 10

A homicide D is responsible for all results that occur as a _____ and _______ _______ of his conduct, even if he did not anticipate the exact manner in which they would occur.

Answer 10

Natural and probable consequence

Question 11

Three kinds of 1st degree murder?

Answer 11

Premeditated

Felony Murder

Murder of a police officer

Question 12

Premeditated murder requires that the defendant act with ___ and _____ that his conduct would cause death.

Answer 12

Intent and knowledge

Question 13

Other than insanity, what defense to felony murder?

Answer 13

Any defense to the underlying felony

Question 14

For felony murder liability to attach, what must be true of the deaths?

Answer 14

Must be foreseeable

Question 15

If a D is fleeing the scene of a felony, when will deaths cease being foreseeable?

Answer 15

When he has reached a point of temporary safety.

Question 16

A D is/isnt liable for the death of a co-felon as a result of victim resistance or police response.

Answer 16

Isn’t

Question 17

In order to be found guilty of first degree police murder, must D know the victim was law enforcement? Must the victim be acting in the line of duty?

Answer 17

Yes x2

Question 18

In many states, 2nd degree murder is classified as a ____ ___ killing.

Answer 18

Depraved heart

Question 19

Four requirements for voluntary MS.

Answer 19

Killing in the heat of passion resulting from adequate provocation from the victim

Provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such that he would lose self-control

There must not have been sufficient time between the provocation and the killing for passions to cool

The D in fact did not cool off b/w the provocation and the killing

Question 20

What is an imperfect self-defense? What effect?

Answer 20

D has an honest by unreasonable belief that his life was in imminent danger

Will reduce murder to MS

Question 21

Involuntary MS encompasses one of two scenarios.

Answer 21

A killing of criminal negligence; OR

A misdemeanor MS (killing someone while committing a misdemeanor or an unenumerated felony)

Question 22

False imprisonment is an . . .

Answer 22

Unlawful confinement of a person with his valid consent

Question 23

What is kidnapping? Confinement of a person w/ one of these two things . . .

Answer 23

Movement OR

Concealment in a secret place

Question 24

Only thing we need to know about rape?

Answer 24

Slightest penetration completes the crime

Question 25

Statutory rape is a ____ liability crime.

Answer 25

Strict.

Question 26

Because statutory rape is a strict liability crime, ______ and ______ __ ____ are no defenses.

Answer 26

Consent and Mistake of Fact