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Criminal Law > Offenses Against the Person & Sex Offenses > Flashcards

Offenses Against the Person & Sex Offenses Flashcards

1
Q

Offenses Against the Person

A
  1. Battery
  2. Assault
  3. Aggravated Assault
  4. Homicide
  5. False Imprisonment
  6. Kidnapping
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2
Q

Battery

A
  • Unlawful application of force to the person resulting in either:
    • bodily injury,
    • or offensive touching
  • General Intent Crime
    • need not be intentional
  • need not be applied directly
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3
Q

Assault

A
  • an attempt to commit a battery, or
  • the intentional creation, other than by mere words, of a reasonable apprehension of imminent bodily harm
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4
Q

Distinction between Assault & Battery

A

Battery requires actual touching

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5
Q

Aggravated Assault

A

Assault +:

  • the use of a deadly or dangerous weapon, or
  • with the intent to rape, mame or murder
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6
Q

Homicide: Murder:

A

Murder is the unlawful killing of another human being with Malice aforethought

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7
Q

Malice Aforethough:

A
  1. intent to kill; or
  2. intent to inflict grave bodily harm; or
  3. intent to commit a felony; or
  4. reckless indifference to an unjustifably high risk to human life
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8
Q

Malice Aforethought Types into degrees:

A

First Degree

  1. intent to kill; or
  2. intent to commit a felony; or

Second Degree

  1. reckless indifference to an unjustifably high risk to human life; or
  2. intent to inflict grave bodily harm
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9
Q

Causation for Murder

A

Need:

  1. cause in fact
  2. and proximate cause
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10
Q

Cause-in-Fact

A
  • Defendant’s conduct must be the cause in fact for the victim’s death
    • the death would not have occured “but for” the defendant’s conduct
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11
Q

Proximate Cause

A

Defendant 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 it would occur.

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12
Q

Degrees of Murder

A
  1. First Degree Murder
  2. Second Degree Murder
  3. Manslaughter
    1. voluntarty manslaughter
    2. involuntary manslaughter
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13
Q

First Degree Murder Types:

A
  1. Premeditated Killing
  2. Felony Murder
  3. Homicide of a Police Officer
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14
Q

Premeditated Killing

A
  1. Victim must be a human (dead human)
  2. Defendant must have acted with intent or knowledge that his conduct would cause death
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15
Q

Felony Murder

A

Any killing (even accidental) committed during the course of a felony

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16
Q

Defenses to Felony Murder

A
  1. Defense to the underlying felony
  2. The felony they are committing must be a felony other than the killing
  3. the deaths must be foreseeable
  4. Deaths that occur after the defendant reaches a point of temporary safety
  5. On the MBE, defendant is not liable for the death of a Co-felon as a result of resistance by police or victims.
17
Q

Homicide of a Police Officer

A
  1. Defendant must know the victim is a police officer
  2. the victim must be acting in the line of duty
18
Q

Second Degree Murder

A
  • depraved heart killing
  • murders that are not classified as first degree murders
19
Q

Depraved Heart

A

reckless indifference to an unjustifiably high risk to human life

20
Q

Voluntary Manslaughter

A
  1. killing in the heat of passion resulting from adequate provocation by the victim
  2. provocation must be on that would arise a sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control;
  3. must not be a space of time between provocation and killing for the passions of a reasonable person to cool; and
  4. the defendant did not infact cool off between provocation and killing
21
Q

Involuntary Manslaughter

A
  1. a killing of criminal negligence; or
  2. misdemeanor manslaughter - killing someone while committing a misdemeanor or unumerated felony
22
Q

Imperfect self-defense

A
  • only some states recognize
  • defendant has an honest but unreasonable belief that his lif was in imminent danger
    • this defense will reduce murder to manslaughter
23
Q

False Imprisonment

A

Unlawful confinement of a person without valid consent

  • a known alternate route negates the confinement element
  • consent precludes it from being false imprisonment
24
Q

Kidnapping

A

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

25
Q

Sex Offenses

A
  1. Rape
  2. Statutory Rape
  3. Crimes Against Nature and Other Sex Crimes
26
Q

Rape

A

slightest penetration completes the crime of rape

27
Q

Statutory Rape

A

Strict liability crime

Criminal Law (5 decks)

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