Offenses Against the Person

Question 1

What are the elements of criminal battery?

Answer 1

(1) unlawful application of force to the person

(2) resulting in either bodily injury or offensive touching

Question 2

What mental state is required for criminal battery?

Answer 2

criminal negligence

Question 3

Does force need to be applied directly to be criminal battery?

Answer 3

no (e.g., poisoning is battery)

Question 4

What are the elements of criminal assault?

Answer 4

EITHER:
• attempt to commit a battery
OR:
• intentional creation (other than by mere words) of a reasonable apprehension of immediate bodily harm

Question 5

What are the elements of aggravated assault?

Answer 5

assault plus either:
• use of a deadly or dangerous weapon, or
•with intent to rape, maim, or murder

Question 6

Define murder

Answer 6

the unlawful killing of another human being with malice aforethought

Question 7

The mental state to commit 1st degree murder can be shown in what 3 ways?

Answer 7

(1) intent to kill,
(2) intent to inflict great bodily harm, or
(3) intent to commit a felony

Question 8

The mental state to commit 2nd degree murder can be shown in what way? What is this standard called?

Answer 8

reckless indifference to an unjustifiably high risk to human life; “depraved heart”

Question 9

What are the but-for and proximate cause requirements for homicide?

Answer 9

• but-for = defendant’s conduct was cause in fact of victim’s death
• proximate = victim’s death was a natural and probable consequence of defendant’s conduct, even if he did not anticipate the exact manner in which it occurred

Question 10

What are the three kinds of 1st degree murder?

Answer 10

(1) premeditated murder
(2) felony murder
(3) homicide of a police officer

Question 11

What elements are required to prove premeditated murder?

Answer 11

defendant acted with intent or knowledge that his conduct would cause death

Question 12

What is felony murder?

Answer 12

any killing–even accidental–committed during the course of a felony

Question 13

What are the defenses to felony murder?

Answer 13

any defense the defendant has to the underlying felony

Question 14

When felons flee, what event cuts off liability for subsequent felony murder deaths?

Answer 14

Reaching a point of temporary safety

Question 15

Is a defendant liable for the death of a co-felon as a result of resistance by the victim or the police?

Answer 15

no

Question 16

For a defendant to be liable for felony murder, the deaths must be _____.

Answer 16

foreseeable

Question 17

When is homicide of a police officer 1st degree murder?

Answer 17

(1) defendant knows victim is a police officer, and

(2) victim is acting in the line of duty

Question 18

What are the elements of voluntary manslaughter?

Answer 18

(1) killing in the heat of passion resulting from an adequate provocation by the victim
(2) provocation that would arouse sudden and intense passion in an ordinary person
(3) not sufficient time for the passions of a reasonable person to cool
(4) defendant in fact did not cool off between the provocation and the killing

Question 19

What is the effect of a defendant’s honest but unreasonable belief that his life was in imminent danger?

Answer 19

his liability is reduced from murder to manslaughter

Question 20

What are the elements of involuntary manslaughter?

Answer 20

• a killing of criminal negligence, or

* misdemeanor manslaughter (killing while committing a misdemeanor or unenumerated felony)

Question 21

What are the elements of criminal false imprisonment?

Answer 21

(1) unlawful confinement of a person

(2) without his valid consent

Question 22

What are the elements of kidnapping?

Answer 22

• confinement of a person through some movement, or

* concealment in a secret place