Offenses Against the Person

Question 1

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

Answer 1

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.

Question 2

What are the types of common law murder?

Answer 2

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

Question 3

First Degree Murder

Answer 3

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

Question 4

Second Degree Murder

Answer 4

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.

Question 5

Felony Murder

Answer 5

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

Question 6

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

Answer 6

first degree murder

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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

Question 9

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

Answer 9

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

Question 10

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

Answer 10

no

Question 11

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

Answer 11

foreseeable

Question 12

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

Answer 12

yes

Question 13

When does the period for committing a felony murder end?

Answer 13

when the defendant reaches a point of temporary safety.

Question 14

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?

Answer 14

no

Question 15

Voluntary Manslaughter

Answer 15

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.,

Question 16

Explain the doctrine of imperfect self-defense.

Answer 16

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.

Question 17

Involuntary Manslaughter

Answer 17

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

Question 18

What underlying felonies does the felony murder rule apply to?

Answer 18

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

Question 19

Battery

Answer 19

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

Question 20

Must a battery be intentional?

Answer 20

no

Question 21

Must there be direct force applied in a battery?

Answer 21

no

Question 22

What kind of intent is required for criminal battery?

Answer 22

general intent

Question 23

Assault

Answer 23

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

Question 24

Are words enough to cause assault?

Answer 24

no, words are not enough.

Question 25

Aggravated Assault

Answer 25

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

Question 26

False Imprisonment

Answer 26

the unlawful confining of another to a bounded area.

Question 27

Kidnapping

Answer 27

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

Question 28

Rape

Answer 28

the sexual assault of another with any level of penetration.

Question 29

Statutory rape requires what level of intent?

Answer 29

none, it is a strict liability crime.

Question 30

Can a victim of statutory rape consent?

Answer 30

no

Question 31

Is mistake of fact a defense to statutory rape?

Answer 31

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

Question 32

Mayhem

Answer 32

either dismemberment or disablement of a bodily part.

Question 33

What are the crimes included under involuntary manslaughter?

Answer 33

criminal negligence and committing unlawful conduct.

Question 34

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

Answer 34

direct cause; proximate cause

Question 35

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

Answer 35

inevitable result

Question 36

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

Answer 36

yes, just like in torts.

Question 37

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

Answer 37

yes, therefore the defendant is still guilty.

Question 38

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

Answer 38

born alive

Question 39

Aggravated Kidnapping

Answer 39

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

Question 40

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

Answer 40

no