Page 23 Flashcards

0
Q

Are conditional threats enough for assault?

A

No, because menacing conduct plus words is usually necessary

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1
Q

Are words alone enough for assault?

A

No, because menacing conduct plus words is usually necessary

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2
Q

Is there such a thing as attempted assault?

A

No, because assault is already an attempted battery

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3
Q

Does harm have to be caused for assault?

A

No

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4
Q

What are the two requirements of MPC assault (just the attempted battery component)?

A

Must come very near committing a battery, and the assaulter must have the present ability to commit the battery

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5
Q

Is present ability to commit an assault for the intentional scaring component necessary?

A

No

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6
Q

In order to commit an assault through intentional frightening there must be an intention to what and what must happen?

A

To cause fear and actual fear must result

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7
Q

What are the elements of intentional scaring for assault?

A
  • intent to cause reasonable apprehension
  • apprehension results
  • conduct that arouses apprehension
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8
Q

For the intent element for intentional frightening for assault, there must be intent to cause reasonable apprehension or what?

A

For the victim to suffer bodily harm

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9
Q

What standard is used to determine whether apprehension was appropriate in an intentional frightening for assault?

A

Reasonable person standard

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10
Q

What does apprehension mean for assault?

A

Expectation or anticipation, not fear

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11
Q

Must the victim be aware of the threat of harm for an intentional frightening for assault?

A

Yes because there must have been apprehension

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12
Q

The threat of harm for assault must be what?

A

Immediate

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13
Q

Is it necessary to have actual pain or injury for an intentional frightening for assault?

A

No, any threatened conduct that is offensive or insulting is fine

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14
Q

What is a conditional assault?

A

Conditioning a threat on an act of the victim

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15
Q

What is example of a conditional assault?

A

Saying you will shoot someone if they don’t do something

16
Q

If a victim complies with a conditional assault, can that be a defense because they avoided injury?

17
Q

What is aggravated assault?

A

Felonies like intent to commit rape, or deadly assault murder, where you must intend to do the further horrible thing. Ie: intent to kill, rob, rape, etc.

18
Q

If an assault is happening on a specific type of person, like a cop, then the D must know what?

A

That the victim falls into that category

19
Q

Does aggravated assault merge?

A

Yes, so if the defendant completes the crime, he is just guilty of it

20
Q

What is false imprisonment?

A

Intentional, unlawful confinement of one person by another

21
Q

What type of intent crime is false imprisonment?

A

Specific intent

22
Q

What are the elements of false imprisonment?

A
  • Intentional unlawful

- confinement

23
Q

When would someone have a privilege to confine another?

A

Police officer, or committing a citizen’s arrest

24
What does confinement mean for false imprisonment?
Victim must be: - fully confined by erected barriers - applying force/threatening to apply immediate physical force, or - invalidly asserting authority
25
Must a victim try to resist or escape if the defendant has the apparent ability to effectuate a threat of confinement for false imprisonment?
No
26
If a victim knows of reasonable means of escape is he confined?
No
27
Does a victim have to search for potential escape routes if he is confined?
No
28
What is kidnapping?
False imprisonment plus movement of the victim
29
What is required for movement of the victim for kidnapping?
Usually a substantial movement of the victim's person
30
What kind of intent crime is kidnapping?
Specific intent
31
What is the rule for asportation for kidnapping?
It must be substantially greater than that which would normally occur as an incident to the underlying crime
32
What is the minority approach to kidnapping?
False imprisonment plus asportation plus the defendant's purpose must be a wrong (like ransom or a felony)
33
How can kidnapping happen by fraud?
When you induce someone to get into your car for a legitimate purpose, then take them somewhere else
34
If you take someone from one place to another thinking the law has authorized it, are you guilty?
No because kidnapping requires an intent to act without authority of law
35
What is perjury?
The crime of giving false testimony under oath about material facts
36
Perjury requires proof of what?
That defendant stated material facts to be true, knowing they were false or believing that or false, or without knowledge of the truth
37
What is subornation?
Knowingly causing perjury by another person
38
What is a theft crime?
Those that involve a wrongful taking of property from the victim by the defendant