Crim Law: Crimes Against The Person Flashcards Preview

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Flashcards in Crim Law: Crimes Against The Person Deck (29)
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1

Battery

AR: Unwanted touching of another person
MR: General intent
1. Injury not required

2

Aggravated Battery

Battery +
1. deadly or dangerous weapon,
2. serious bodily injury, or
3. child or police victim.

3

Assault

*form of attempt
AR: attempted battery OR putting someone in reasonable fear of an imminent battery.
MR: Specific intent
* Merges into battery once unwanted touching occurs

4

Wanting to break John's nose, Edward swings a fist at him but clumsily misses. Is it assault?

Yes--attempted battery

5

Wanting to scare John, Edward swings a fist at him and purposefully misses. Is it assault?

Yes -- reasonable fear

6

Reenacting a scene, Edward swings a fist at John and purposefully misses. Is it assault

No -- no fear, no attempted battery.

7

Aggravated Assault:

Assault +
1. deadly weapon, or
2. with intent to rape, maim, or murder

8

Homicides (common Law)

1. Murder
2. Manslaughter

9

Murder (CL)

AR: Unlawful Killing of another person
MR: Malice Aforethought =
1. Intent to kill,
2. Intent to inflict serious bodily injury,
3. Gross recklessness in risking human life (depraved heart or implied malice) OR
4. Felony murder

10

Fanny texts while driving through school zone (with flashing signs) at 50 mph. Hits and kills child. Is it murder?

Yes. It was gross recklessness in risking human life because she knew she was in school zone.

11

Fanny texts while driving through school zone (with flashing signs) at 50 mph. Hits and injures child. Is it attempted murder?

No. Her object was not to kill.

12

Fanny shoots John in the back with intent to paralyze him but kills him instead. Is it murder?

Yes. She intended to inflict serious bodily injury.

13

Felony Murder

AR: Killing during course of felony
MR: None (Strict Liability)

14

Felony Murder Liability Limitations

1. Killing
a. CL: by anyone
b. Modern: co-defendant
2. During = to and from scene
3. Felony
1. independent of the homicide
2. Beyond reasonable doubt
4. Foreseeability

15

Co-felon, who agreed not to bring gun to bank robbery, shoots and kills teller. Was this foreseeable?

Yes--course of crime it can be foreseen someone would get hurt/killed.

16

Getaway driver hits and kills pedestrian. Is this foreseeable?

Yes. during crime--reasonable to foresee getaway driver driving fast

17

Firefighter dies trying to extinguish arsonist's blaze. Is this foreseeable?

YES--- first responders getting injured is almost always foreseeable.

18

Bystander dies of heart attack witnessing terrorist attack. is this foreseeable?

NO.

19

Manslaughter: Voluntary Manslaughter

Murder (intentional killing) + heat of passion

20

Heat of Passion =

a. sudden and intense reaction
b. adequate provocation
1. Inflame ordinary person
2. words alone insufficient
c. no Cooling off period

21

Manslaughter: Involuntary Manslaughter

1. AR: unlawful killing of another person
MR: Negligence or recklessness
*gross recklessness = depraved heart murder.
2. AR: Killing during course of misdemeanors (or felony not included in felony murder)
MR: None (SL)

22

Murder by Degrees (modern)

1. First degree
2. First degree felony
3. Second degree murder

23

First- Degree Murder

AR: Unlawful killing of another person
MR: With premeditation & deliberation
* The only specific intent homicide.

24

First-Degree Felony Murder

AR: Killing during course of specified felony
MR: NONE (SL)
* First degree felony murder felonies: serious felonies enumerated by statute (eg. rape, burglary, robbery, arson, kisnapping).

25

Second-Degree Murder

Catch-all: Every other CL murder (intentional, serious bodily injury, depraved heart, felony murders not specified as first degree).

26

Rape

AR: Sexual intercourse by force or threat of force without consent
MR: General Intent regarding consent
*Mistake: reasonable mistake as to consent exculpates.

27

Statutory Rape

AR: Sex with minor
MR: None (SL)
* Mistake: mistake as to age is NO defense

28

False Imprisonment

AR: unlawful confinement of victim against will
MR: general intent

29

Kidnapping

AR: Movement of victim against will.
MR: General intent regarding consent
*some courts requirement movement beyond that incident to other crimes, such as robbery or rape.