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Criminal FYLSE > Page 21 > Flashcards

Page 21 Flashcards

0
Q

How are heinous murders treated?

A

Not a majority rule, but murders that result from egregious actions are almost always 1st°

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1
Q

Examples of heinous murders that result from egregious actions:

A

Lying in wait, torture, bombs, terrorism, murder for pay, poison

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2
Q

What is second-degree murder?

A

The reckless and knowing killing of another (intent to kill without malice). Aka - All other murders that aren’t 1st°

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3
Q

What is serious bodily injury murder?

A

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

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4
Q

In order to have serious bodily injury murder, the intended injury must be what?

A

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)

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5
Q

How is intent assumed in serious bodily injury murder?

A

By the defendant’s conduct in light of the surrounding circumstances

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6
Q

What is omission to act murder?

A

The defendant has a duty to act, accompanied by an intent to kill/do serious bodily injury, and omits to act

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7
Q

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?

A

Murder

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8
Q

What are the three different types of second-degree murder?

A
  • serious bodily injury murder
  • omission to act murder
  • depraved heart murder
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9
Q

What are the physical harm crimes?

A

(FI)B MARK

  • false imprisonment
  • battery
  • mayhem
  • assault
  • rape
  • kidnapping
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10
Q

What is the main focus as far as testing goes for criminal law?

A

Homicide

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11
Q

As far as testing goes, what is important to know about the physical harm crimes?

A

Which ones are general and which are specific intent as well as SL

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12
Q

What type of intent crime is battery?

A

General intent

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13
Q

Can a battery be committed by an omission to act?

A

Yes, if there was a duty and by an affirmative act

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14
Q

What are the mental states for battery?

A

Intentional or reckless

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15
Q

If you intentionally rub your body on another, what crime have you committed?

A

Battery

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16
Q

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?

A

Battery based on negligence, which is a deliberate breach of the duty to protect someone from foreseeable risks of harm

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17
Q

What are the elements of battery?

A
  • unlawful conduct
  • intent
  • force
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18
Q

What does unlawful conduct mean for battery?

A

Act was without consent or privilege

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19
Q

Unlawful conduct for battery can be an act or what?

A

An omission to act when there is a duty to act

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20
Q

Does transferred intent apply to battery?

A

Yes

21
Q

What is intent for battery?

A

Intent to kill, injure, commit an unlawful act, or criminal negligence

22
Q

What are the two different options for intent for battery?

A
  • Intent to injure

- Criminal negligence

23
Q

What is intent to injure for battery?

A

D act/omits to act with intent to injure and legally causes an injury

24
Q

When is intentional touching/injury justified?

A

Situations of necessity or emergency

25
Q

What is an example of a time that intentional touching/injury would be justified?

A

If you pull a drowning swimmer out of the water by her hair

26
Q

What is intent through criminal negligence for battery?

A

D has no intent to injure, but the negligence supplies the intent and there must be a high degree of risk

27
Q

What is the force required for battery?

A

Defendant inflicts bodily injury or causes an offensive touching of the victim

28
Q

How can force for battery come through a third person or an object?

A

Defendant doesn’t have to actually touch the victim

29
Q

What are some examples of offensive touching for battery?

A

Kissing someone against their will or spitting on them

30
Q

What are some ways that force can be indirectly applied for battery?

A

Whipping a horse that the defendant is riding, telling a blind man to keep walking when a cliff is straight ahead

31
Q

Modernly, the crime of battery can be committed by what?

A

Recklessness, but not by mere negligence

32
Q

Is there such thing as an attempted battery?

A

No, that would be assault

33
Q

What is the MPC’s definition of battery?

A

Injury that is done purposely, knowingly, or recklessly, but negligence counts if it is caused by a deadly weapon

34
Q

MPC says that battery is limited to only what?

A

Physical injury, so unwanted sexual advances go in another category

35
Q

How does the MPC define assault?

A

To include both battery and assault

36
Q

How can you have consent to battery?

A

Consented touching, medical treatment, sports injury

37
Q

What is aggravated battery?

A

A felony that involves battery with intent to kill, rob, rape, etc.

38
Q

What type of intent crime is aggravated battery?

A

Specific intent

39
Q

Aggravated battery is often applied when what is involved?

A

Deadly weapon

40
Q

What makes aggravated battery a higher degree of battery?

A

Serious bodily injury is inflicted

41
Q

Rape and mayhem are subsections of what?

A

Aggravated battery

42
Q

What is the mental state for rape?

A

Recklessness

43
Q

What is the common law definition of rape?

A

Unlawful sexual intercourse with a woman without her consent by force, fear, or fraud

44
Q

What is the MPC definition of rape?

A

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

45
Q

Rape is considered what kind of felony?

A

An inherently dangerous one

46
Q

What type of intent crime is rape?

A

General intent

47
Q

Because rape is a general intent crime, that means that mistake of fact is not a defense unless….

A

Mistake was reasonable and in good faith given the circumstances

48
Q

What is an example of a good-faith mistake that could be a mistake of fact defense to rape?

A

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

49
Q

What is the mnemonic to help remember personal harm crimes?

A

(FI)B MARK

Criminal FYLSE (52 decks)

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