Crimes Against Persons Flashcards
(24 cards)
Homicide
Unlawful killing of another with malice aforethought
Actus reus: voluntary act, involuntary act arising from voluntary act, or failure to act where there is a duty.
Mens rea for murder
- Intent to kill
- Intent to cause sbi
- Depraved heart
- Felony murder
Intent to cause sbi
Look at surrounding circumstances including words and behavior of D.
Deadly weapons doctrine
Infer intent to kill if intentionally used a instrument in such a way calculated to produce death or sbi.
Depraved heart murder
Unintentional killing resulting from a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or sbi.
FMR agency rule
Killer must be felon.
not apply when non Felon kills felon or bystander.
* majority rule.
Felony murder rule
Killing proximity caused during the commission or attempted commission of an inherently dangerous felony.
* underlying felony is independent of the homicide.
FMR proximate cause
Felon liable for death that is proximate result of the felony even if killer is not a felon.
* minority rule
FMR redline limit
FMR not apply if the person killed was one of the felons.
FMR non violent co felon
Non violent co felon not liable for FMR if he was not armed and did not know of the co felons intentions.
* minority rule
FMR FL
Classified as degrees and attempted, and includes:
Barrk drug trafficking, escape, aggregated child abuse, aggregated battery of elderly, aircraft piracy, bomb, carjacking, aggregated stalking, terrorism, resisting officer with violence.
Second degree murder
All other murders.
Eg Ds mens rea is intent to inflict sbi.
First degree murder
Intent to kill with premeditation and deliberation, FMR, lying in wait, poison, terrorism, torture.
First degree murder FL
Unlawful killing of another human being when perpetrated from a premeditated design to effect the death of the person killed or of any human being or in commission or attempt to comment FMR felonies.
Second degree murder FL
Unlawful killing of another when perpetrated by an act imminently dangerous to another and evincing a deprived mind regardless of human life. Or when committing or attempting to commit FMR but D not the felon who committed the other felony.
Voluntary Manslaughter
Intentional killing mitigated by adequate provocation. a reasonable person would lose self control.
Third degree murder FL
Unlawful killing of a human being without any design to effect death by a person engaged in the preparation of any non FMR felony.
Misdemeanor manslaughter rule
Unintentional killing during commission of type of felony which is not inherently dangerous or a misdemeanor.
Involuntary manslaughter
Unintentional killing without malice aforethought caused by reckless or criminal negligence or during commission of unlawful act.
Manslaughter FL
Includes assisted suicide.
Assault
Put person in reasonable apprehension of bodily harm
Aggregated assault- with use if deadly weapon.
Threat of future violence is not an assault.
Kidnapping
Unlawful restraint of a persons liberty by force or show of force.
Battery
Intentional or criminally negligent unlawful application of force to the person of the victim.
Aggregated battery: knowing and intentionally causes great bodily harm, permanent disability or uses deadly weapon or when D knows V is pregnant.
Rape
Unlawful sexual intercourse by a male with a female w/o consent.
Threat enough force.
