Crimes Against the Person

Question 1

Assault as a Threat

Answer 1

General Intent Crime

Intentional creation of victim’s reasonable apprehension of imminent bodily harm (words alone are usually insufficient)

Question 2

Assault as an Attempted Battery

Answer 2

Specific intent crime

Specific intent crime because it involves attempt

Question 3

Battery

Answer 3

General Intent Crime

An unlawful apprehension of force to the person of another resulting in bodily injury. or offensive touching

Question 4

Aggravated Assault/Battery

Answer 4

Usually arise when the assault or battery is carried out with the use of a weapon

Question 5

Rape - Common Law

Answer 5

Unlawful carnal knowledge of a woman by a man other than her husband without effective consent

Question 6

Rape - Modern Statutes

Answer 6

Often referred to as “sexual assault”

the slightest penetration is sufficient to complete the crime

Marital status insignificant

Question 7

Rape - Modern Statutes (Finding Lack of Consent - 3)

Answer 7

Consent will not be found if either:

1) penetration is accomplished by force or threat of immediate bodily harm

2) Victim is incapable of consenting due to lack of capacity (e.g. unconsciousness, intoxication, etc.) or

3) Victim is fraudulently caused to believe the act is not intercourse

Question 8

False Imprisonment

Answer 8

The unlawful confinement of a person without their consent

Consent cannot be obtained through coercion, threat, or deception

Can become kidnapping if the victim is moved and/or concealed

Question 9

Kidnapping (2)

Answer 9

The unlawful confinement of a person that involves either:

1) some movement of the victim (a.k.a.”asportation”) or

2) Concealment of the victim in an unknown, hidden, or secret location

Question 10

Murder - Definition

Answer 10

The unlawful killing of another human with malice aforethought

Question 11

Murder - 4 Mental States

Answer 11

1) Intent to Kill
2) Intent to inflict great bodily injury
3) Depraved / malignant heart
4) Felony Murder

Question 12

Murder - Depraved / Malignant Heart

Answer 12

A killing committed with reckless indifference to an unjustifiable risk of human life

Question 13

Murder - Felony Murder

Answer 13

Killing caused during the attempt or commission of an inherently dangerous or statutorily enumerated felony

Intent required = the intent necessary to commit the underlying felony

Statutorily Enumerated Felony = statute dictates that a killing resulting from the crime constitutes felony murder

Question 14

Murder - Causation

Answer 14

D’s act must be both the actual and proximate cause of the victim’s death

Any act by D hastening the victim’s death, even if already inevitable, is considered a cause

Question 15

First-Degree Murder (2)

Answer 15

Arises if a killing is either:

a) Deliberate & premeditated: D must have killed in a dispassionate manner and must have considered or reflected on his killing, even if only momentarily (specific intent crime = VI and mistake of fact are defenses

b) Felony Murder: Killing during an enumerated felony (many states list felonies that may serve as the basis for felony murder)

Question 16

Second-Degree Murder

Answer 16

A homicide not arising to first-degree murder

Question 17

Felony Murder - Definition

Answer 17

A killing that occurs during the attempt or commission of certain enumerated felonies

• Intent to commit felony murder = the intent necessary to commit the underlying felony
• Common felonies include burglary,, arson, rape, robbery and kidnapping

Question 18

Felonies Allowing for Felony Murder

Answer 18

1) Inherently dangerous felonies

2) Statutorily enumerated felonies (i.e. a criminal statute states that a killing occurring during its commission constitutes felony murder)

Question 19

Limitations on Liability for Felony Murder (5)

Answer 19

D must be guility of the underlying felony (valid defense to the underlying felony are also defenses to felony murder)

The underlying felony itself must be independent of a killing (e.g. involuntary manslaughter cannot be felony murder)

Victim’s death must be caused be foreseeable result (proximate cause)

Victim’s death must be caused before D reaches a place of temporary safety

D is not liable for the death of a co-felon killed by police or the original victim in a majority of states

Question 20

Voluntary Manslaughter - Definition

Answer 20

A killing resulting from an adequate provocation (heat of passion killing) or imperfect self-defense

Question 21

Voluntary Manslaughter - Adequate Provocation Required Elements (4)

Answer 21

1) Provocation would cause sudden and intense passion in an ordinary person, causing him to lose self-control

2) D was in fact provoked (i.e. D actually lost control)

3) There was insufficient time for an ordinary person to cool off between the provocation and the killing (very subjective and fact-based

4) D did not cool off between the provocation and the killing (Note: adequate provocation is not a defense to murder but it is a mitigating factor)

Question 22

Voluntary Manslaughter - Imperfect Self-Defense (2)

Answer 22

If D murders while acting in self-defense, his criminal liability can be reduced to voluntary manslaughter if either:

1) D initiated the altercation that required self-defense, or

2) D unreasonably believed deadly force was necessary (not recognized in all jurisdictions

Question 23

Involuntary Manslaughter - Definition

Answer 23

A killing committed with criminal negligence or during the commission of an unlawful act not constituting felony murder

Question 24

Involuntary Manslaughter - Criminal Negligence

Answer 24

Arises if D is grossly negligent

e.g. D is texting while driving and hits and kills a pedestrian in a crosswalk

Question 25

Involuntary Manslaughter - Commission of an Unlawful Act (Misdemeanors - 2)

Answer 25

A killing resulting from a misdemeanor will give rise to involuntary manslaughter if either:

1) Act was inherently wrongful, or
2) Death was a foreseeable or natural consequence of the misdemeanor act

Question 26

Involuntary Manslaughter - Commission of an Unlawful Act (Felonies - 2)

Answer 26

Any killing caused during the commission of a felony not giving rise to felony murder will be at least involuntary manslaughter