Page 21 Flashcards
How are heinous murders treated?
Not a majority rule, but murders that result from egregious actions are almost always 1st°
Examples of heinous murders that result from egregious actions:
Lying in wait, torture, bombs, terrorism, murder for pay, poison
What is second-degree murder?
The reckless and knowing killing of another (intent to kill without malice). Aka - All other murders that aren’t 1st°
What is serious bodily injury murder?
One who intends to do serious bodily injury short of death, but that actually succeeded in killing, is guilty of murder despite his lack of intent to kill
In order to have serious bodily injury murder, the intended injury must be what?
Serious, not trivial, but it doesn’t have to pose an immediate threat of death (can be loss of consciousness, or anything that requires medical treatment)
How is intent assumed in serious bodily injury murder?
By the defendant’s conduct in light of the surrounding circumstances
What is omission to act murder?
The defendant has a duty to act, accompanied by an intent to kill/do serious bodily injury, and omits to act
If a defendant doesn’t warn the victim (that he has a duty to protect) because he wants him to be seriously injured, knowing it is substantially certain to occur, and the victim dies, what is the defendant guilty of?
Murder
What are the three different types of second-degree murder?
- serious bodily injury murder
- omission to act murder
- depraved heart murder
What are the physical harm crimes?
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- false imprisonment
- battery
- mayhem
- assault
- rape
- kidnapping
What is the main focus as far as testing goes for criminal law?
Homicide
As far as testing goes, what is important to know about the physical harm crimes?
Which ones are general and which are specific intent as well as SL
What type of intent crime is battery?
General intent
Can a battery be committed by an omission to act?
Yes, if there was a duty and by an affirmative act
What are the mental states for battery?
Intentional or reckless
If you intentionally rub your body on another, what crime have you committed?
Battery
If you deliberately neglect to care for your invalid grandfather who you have a duty to care for, and he gets bedsores, what crime have you committed?
Battery based on negligence, which is a deliberate breach of the duty to protect someone from foreseeable risks of harm
What are the elements of battery?
- unlawful conduct
- intent
- force
What does unlawful conduct mean for battery?
Act was without consent or privilege
Unlawful conduct for battery can be an act or what?
An omission to act when there is a duty to act
Does transferred intent apply to battery?
Yes
What is intent for battery?
Intent to kill, injure, commit an unlawful act, or criminal negligence
What are the two different options for intent for battery?
- Intent to injure
- Criminal negligence
What is intent to injure for battery?
D act/omits to act with intent to injure and legally causes an injury
When is intentional touching/injury justified?
Situations of necessity or emergency
What is an example of a time that intentional touching/injury would be justified?
If you pull a drowning swimmer out of the water by her hair
What is intent through criminal negligence for battery?
D has no intent to injure, but the negligence supplies the intent and there must be a high degree of risk
What is the force required for battery?
Defendant inflicts bodily injury or causes an offensive touching of the victim
How can force for battery come through a third person or an object?
Defendant doesn’t have to actually touch the victim
What are some examples of offensive touching for battery?
Kissing someone against their will or spitting on them
What are some ways that force can be indirectly applied for battery?
Whipping a horse that the defendant is riding, telling a blind man to keep walking when a cliff is straight ahead
Modernly, the crime of battery can be committed by what?
Recklessness, but not by mere negligence
Is there such thing as an attempted battery?
No, that would be assault
What is the MPC’s definition of battery?
Injury that is done purposely, knowingly, or recklessly, but negligence counts if it is caused by a deadly weapon
MPC says that battery is limited to only what?
Physical injury, so unwanted sexual advances go in another category
How does the MPC define assault?
To include both battery and assault
How can you have consent to battery?
Consented touching, medical treatment, sports injury
What is aggravated battery?
A felony that involves battery with intent to kill, rob, rape, etc.
What type of intent crime is aggravated battery?
Specific intent
Aggravated battery is often applied when what is involved?
Deadly weapon
What makes aggravated battery a higher degree of battery?
Serious bodily injury is inflicted
Rape and mayhem are subsections of what?
Aggravated battery
What is the mental state for rape?
Recklessness
What is the common law definition of rape?
Unlawful sexual intercourse with a woman without her consent by force, fear, or fraud
What is the MPC definition of rape?
Purposely, knowingly, or recklessly having sexual intercourse with a female that is either: less than 10, unconscious, compelled by force or threat of death/grievous bodily harm/extreme pain/kidnapping, or if defendant has intoxicated her
Rape is considered what kind of felony?
An inherently dangerous one
What type of intent crime is rape?
General intent
Because rape is a general intent crime, that means that mistake of fact is not a defense unless….
Mistake was reasonable and in good faith given the circumstances
What is an example of a good-faith mistake that could be a mistake of fact defense to rape?
You get drunk and have sex with someone imagining they consented, as long as it was reasonable and a sober person would’ve made the same mistake, it can be a defense
What is the mnemonic to help remember personal harm crimes?
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