Offenses Against the Person

Question 1

Battery

Answer 1

Unlawful application of force to the person resulting in either bodily injury or offensive touching.

• need not be intentional (application of force w/ criminal neg)
• force need not be applied directly, i.e poison drink
• general intent crime

Question 2

Assault

Answer 2

Attempt to commit battery OR
intentional creation - other than by mere words – of a reasonable apprehension of imminent bodily harm.

(if touching has occurred, no assault, its battery)

Question 3

Aggravated Assault

Answer 3

Assault + Use of deadly or dangerous weapon or with the intent to rape, maim, or murder.

Question 4

Homicide: Murder (GR)

Answer 4

Murder is the unlawful killing of another human with malice aforethought.

1. Intent to Kill (1st degree)
2. Intent to inflict great bodily harm (2nd degree)
3. Intent to commit a felony (1st degree)
4. Reckless indifference to an unjustifiably high risk to human life (2nd degree)

Casue in fact - actual cause (but for)

Proximate Cause - 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.

Question 5

Homicide: Degrees of Murder - 1st Degree

Answer 5

First Degree
1. Premeditated killing - D must have acted with intent or knowledge that his conduct would cause death

2. Felony Murder - any killing, even accidental, committed during the course of an inherently dangerous felony.
3. Homicide of a Police Officer - D must know the victim is a law enforcement officer and the victim must be acting in the line of duty. (off duty can still be in line of duty if identifies himself as officer)

Question 6

Homicide: Degrees of Murder - 1st Degree - Defenses to Felony Murder (5)

Answer 6

1. If D has defense to underlying felony
   (tricky, i.e, A & B rob store. A drunk. B accidentally shoots and kills C. A not guilty because she has defense of voluntary intox for robbery)
2. Underlying felony cannot be killing
3. Deaths must be foreseeable
4. Deaths cause while fleeing, are felony murders. BUT once D reaches point of temporary safety, deaths thereafter are NOT felony murders.
5. On MBE, D NOT liable for death of a co-felon, as a result of resistance by the victim or the police.

Question 7

Homicide: Degrees of Murder - 2nd Degree

Answer 7

Depraved heart - a killing done with reckless indifference to an unjustifiable high risk to human life OR murders that are not classified as first-degree.

Question 8

Homicide: Degrees of Murder - Voluntary Manslaughter

Answer 8

(1) Killing in the heat of passion resulting from an adequate provocation by the victim
(2) Provocation must be one that would arouse sudden and intense passion in the 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
(4) D in fact did NOT cool off between provocation and killing

Question 9

Homicide: Degrees of Murder - Voluntary Manslaughter - Imperfect self defense

Answer 9

If D has HONEST but UNREASONABLE belief that his life was in imminent danger, this defense will reduce murder to manslaughter.

MBE has to tell me to apply, minority rule

Question 10

Homicide: Degrees of Murder - Involuntary Manslaughter

Answer 10

A killing of criminal negligence OR

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

Question 11

False Imprisonment

Answer 11

Unlawful confinement of a person without his valid consent.

note- if a known alternate route is available, confinement element will not be met

Question 12

Kidnapping

Answer 12

Confinement of a person with either some movement OR concealment in a secret place

Question 13

Sex Offenses: Rape

Answer 13

MBE - slightest penetration completes crime.

Statutory Rape - SL crime. Consent and mistake of fact are NOT defenses.