Offenses Against the Person Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Under the common law, murder is defined as . . .

A

the unlawful killing of another human being with malice aforethought. Such a state exists if there is 1) intent to kill; 2) intent to commit a felony; 3) intent to inflict great bodily harm; or 4) reckless indifference to an unjustifiably high risk to human life.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the types of common law murder?

A

first degree murder, second degree murder, and felony murder.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

First Degree Murder

A

the premeditated killing of another human being with knowledge and intent that one’s actions would kill the other person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Second Degree Murder

A

1) a depraved heart killing; i.e. a killing with reckless indifference to an unjustifiably high risk to human life; or 2) murders that are not classified as first degree murders.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Felony Murder

A

any killing, whether intentional or accidental, committed during the course of a felony.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Killing a police officer is generally considered what kind of murder?

A

first degree murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

To be convicted of first degree murder for killing a police officer, what must be shown by the prosecution?

A

1) the defendant must know the victim was a police officer; and 2) the victim must have been acting in the line of duty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Must a police officer be on duty in order for their murder to qualify as first degree murder?

A

no, but they must somehow identify themselves as a police officer, unless the defendant already knew they were a cop.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If a defendant has a defense to the underlying felony, can he still be liable for felony murder?

A

no. A defense to the underlying felony negates felony murder. He must be charged with another form of murder.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Can a defendant be charged with felony murder if he was committing a misdemeanor when the death occurred?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

For a defendant to be successfully charged with felony murder, the murder must be ________________.

A

foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Are murders committed while fleeing the scene of a crime considered felony murders?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When does the period for committing a felony murder end?

A

when the defendant reaches a point of temporary safety.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Where more than one suspect are committing a felony, and the co-suspect is killed during the commission of the felony, is the surviving defendant guilty of felony murder?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Voluntary Manslaughter

A

a killing in the 1) heat of passion resulting from an adequate provocation by the victim; 2) which would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control; 3) there is not enough time to cool off; and 4) the defendant did not cool off between the provocation and the killing.,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Explain the doctrine of imperfect self-defense.

A

under the doctrine of imperfect self-defense, where a defendant has an honest but unreasonable belief that his life in imminent danger, this defense will reduce murder to manslaughter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Involuntary Manslaughter

A

the killing of someone with either 1) criminal negligence; or 2) during the commission of an unlawful act.

18
Q

What underlying felonies does the felony murder rule apply to?

A

burglary, arson, rape, robbery, kidnapping. (BARRK)

19
Q

Battery

A

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

20
Q

Must a battery be intentional?

A

no

21
Q

Must there be direct force applied in a battery?

A

no

22
Q

What kind of intent is required for criminal battery?

A

general intent

23
Q

Assault

A

an attempt to commit a battery; or the intentional creation of a reasonable apprehension of imminent bodily harm.

24
Q

Are words enough to cause assault?

A

no, words are not enough.

25
Q

Aggravated Assault

A

an assault combined with either use of a dangerous weapon; or with the intent to rape, main or murder.

26
Q

False Imprisonment

A

the unlawful confining of another to a bounded area.

27
Q

Kidnapping

A

confinement of a person with either some movement or concealment in a secret place.

28
Q

Rape

A

the sexual assault of another with any level of penetration.

29
Q

Statutory rape requires what level of intent?

A

none, it is a strict liability crime.

30
Q

Can a victim of statutory rape consent?

A

no

31
Q

Is mistake of fact a defense to statutory rape?

A

no, even where the victim actively lies about their age.

32
Q

Mayhem

A

either dismemberment or disablement of a bodily part.

33
Q

What are the crimes included under involuntary manslaughter?

A

criminal negligence and committing unlawful conduct.

34
Q

To be found guilty of a crime, a defendant’s acts must be both the _________________ and the _______________ of the harm suffered by the victim.

A

direct cause; proximate cause

35
Q

An act which hastens an __________________ is still the legal cause of death.

A

inevitable result

36
Q

Is negligent medical care a foreseeable risk for the purposes of homicide crimes?

A

yes, just like in torts.

37
Q

Is a victim’s refusal of medical treatment for religious reasons a foreseeable risk for purposes of homicide crimes?

A

yes, therefore the defendant is still guilty.

38
Q

Traditionally, a baby must be _____________ to be the victim of a homicide crime.

A

born alive

39
Q

Aggravated Kidnapping

A

kidnapping for the purposes of ransom, committing other crimes, offensive purposes, or child stealing.

40
Q

Can a child’s consenting to be kidnapped negate guilt of an otherwise guilty kidnapper?

A

no