Flashcards in Crim Law: Crimes Against The Person Deck (29)
AR: Unwanted touching of another person
MR: General intent
1. Injury not required
1. deadly or dangerous weapon,
2. serious bodily injury, or
3. child or police victim.
*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
Wanting to break John's nose, Edward swings a fist at him but clumsily misses. Is it assault?
Wanting to scare John, Edward swings a fist at him and purposefully misses. Is it assault?
Yes -- reasonable fear
Reenacting a scene, Edward swings a fist at John and purposefully misses. Is it assault
No -- no fear, no attempted battery.
1. deadly weapon, or
2. with intent to rape, maim, or murder
Homicides (common Law)
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
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.
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.
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.
AR: Killing during course of felony
MR: None (Strict Liability)
Felony Murder Liability Limitations
a. CL: by anyone
b. Modern: co-defendant
2. During = to and from scene
1. independent of the homicide
2. Beyond reasonable doubt
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.
Getaway driver hits and kills pedestrian. Is this foreseeable?
Yes. during crime--reasonable to foresee getaway driver driving fast
Firefighter dies trying to extinguish arsonist's blaze. Is this foreseeable?
YES--- first responders getting injured is almost always foreseeable.
Bystander dies of heart attack witnessing terrorist attack. is this foreseeable?
Manslaughter: Voluntary Manslaughter
Murder (intentional killing) + heat of passion
Heat of Passion =
a. sudden and intense reaction
b. adequate provocation
1. Inflame ordinary person
2. words alone insufficient
c. no Cooling off period
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)
Murder by Degrees (modern)
1. First degree
2. First degree felony
3. Second degree murder
First- Degree Murder
AR: Unlawful killing of another person
MR: With premeditation & deliberation
* The only specific intent homicide.
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).
Catch-all: Every other CL murder (intentional, serious bodily injury, depraved heart, felony murders not specified as first degree).
AR: Sexual intercourse by force or threat of force without consent
MR: General Intent regarding consent
*Mistake: reasonable mistake as to consent exculpates.
AR: Sex with minor
MR: None (SL)
* Mistake: mistake as to age is NO defense
AR: unlawful confinement of victim against will
MR: general intent