Personal Crimes Flashcards
Is Attempt SI or GI?
specific intent crime
what is involuntary MS?
an unintentional homicide committed with criminal negligence or during an unlawful act
a. 1. Criminal negligence—grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious injury or death
b. 2. Unlawful act—a killing committed during the commission of: •
i. A malum in se misdemeanor (e.g., assault, battery),
ii. A malum prohibitum (wrongs that are merely prohibited by statute such as parking violation, smuggling, etc.) or •
iii. A felony that is not treated as first-degree felony murder or second-degree murde
what is murder?
Murder at common law is the unlawful killing (neither justifiable nor excusable) of another human being with malice aforethought.
how to show malice?
a. intent to kill
b. intent to do serious bodily injury
c. reckless indifference to unjustifiably high risk to human life
intent to commit felony
ii. Causation: Δ’s act must be cause in fact (“but for”) and proximate cause of victim’s death 1. Proximate cause if the result is natural and probable cause of act, even if unanticipated
what is first degree murder?
Express malice is shown by any length of premeditation and deliberation before the unlawful taking of a human life;
- specific intent to kill
Premeditation: Reflection on intent to kill. “Should I kill this person?”
what is second degree murder?
Malice is implied where there is
- intent to kill (without premeditation),
- ntent to cause serious bodily harm,
- reckless indifference to human life (depraved heart, i.e wanton and willful disregard, extreme negligence), OR –intent to commit an inherently dangerous felony
what is FM? what is the malice element?
○ Any death caused in commission or attempted commission (substantial step toward completion) of a felony
§ (such as BARRK) is 1° felony murder.
§ Includes felony murder where the felony is not BARRK - 2° FM
○ Malice is implied from intent to commit the underlying felony. Resulting death must be a foreseeable result of the felony, but distinct from the felony
what is co-felon liability? what are the maj and min rules?
hen killing occurs during an IDF, one is liable for killing by an accomplice if the criminal acts could foreseeably result in death, and death occurs in furtherance of the felony
what is the co-felon dies? what is the theory called?
Redline limitation (co-felon death): In most jx, Δ not liable for FM if killing is justifiable or excusable, i.e., if police, victim, or bystander kills a co-felon, or co-felon kills self
what is voluntary MS?
a. “Heat of Passion: Intentional killing resulting from adequate provocation (uncooled heat of passion)
i. Adequate provocation is objective + subjective: Enough to excite sudden, uncontrollable passion such that a reasonable person would lose self-control (e.g., moment of discovering infidelity, threat of deadly force) + Δ was actually provoked
i) being struck in the face with an umbrella may be enough to require jury instruction for VMS
Cooling off is objective + subjective: Not enough time between Δ’s heat of passion and the killing for a reasonable person provoked in same way to cool off + Δ did not cool off
what is imperfect defense?
Murder may be REDUCED to MS if Δ had honest but unreasonable belief that deadly force was necessary (doesn’t qualify as full self-defense), or Δ was at fault in starting fight (see § V-c-i)
what is misfeasance?
vii. Misfeasance (involuntary homicide): One with a legal duty to act may be guilty of murder for failing to act
1. Murder if intent to kill arises from desiring or knowing of a substantial likelihood of death
MS if death is not specifically desired, even if Δ knew or should have known that V might get hurt
is consent a defense to murder or serious bodily injury?
no
what is battery? aggravated battery?
The unlawful application of force to the person of another resulting in bodily injury or offensive touching
i. The act must be intentional, reckless, or criminally negligent. Force may be indirect (e.g., siccing a dog) ii. Simple battery may rise to aggravated battery (a felony) where - Δ causes serious bodily injury, - Δ uses a deadly weapon (used in intended manner), or -V is specially protected (e.g., child, woman, police)
what are the defenses to battery?
- valid consent (no coercion or fraud),
2. defense (self/others, proportional force),
a. an initial aggressor can use deadly force if the other responds to his nondeadly force with deadly force
3. prevent crime
what are the types of assault?
- . “Attempted battery” assault: Δ intended to commit battery, no need to finish (V need not be aware)
- “Fear of battery” assault: Δ intentionally put V in reasonable apprehension of imminent bodily harm
-Simple assault may rise to aggravated assault (a felony) where Δ acts with intent to commit a violent crime (rape or murder), Δ uses a dangerous weapon, or V is specially protected
what is kidnapping?
Unlawful confinement of V w/o consent via movement of V or concealment of V in a “secret” place
i. Confinement: V is compelled to go where he doesn’t wish to go or remain where he doesn’t wish to remain
what is false imprisonment?
Unlawful confinement of a person without consent. Confinement must “interfere substantially” with V’s liberty
what is rape?
At common law, unlawful carnal knowledge of a woman by a man not her husband without effective consent. Modernly, there is no marital exception or gender restriction. Slightest penetration is sufficient
i. Lack of effective consent: Intercourse is by force or threat of force, V is incapable of consenting (has mental condition, unconscious, intoxicated), or V is fraudulently caused to believe that it is not intercourse
1. but fraudulent inducement to have sex + consent = consent
what are the specific intents homicide and personal cirmes?
1° premeditated murder
Voluntary manslaughter
Assault with intent to commit battery
what are the general intents homicide and personal cirmes?
Common law murder (without specific intent) - malice
Involuntary manslaughter
Battery;
Kidnapping
False imprisonment
Rape
