Crimes Against the Person

Question 1

What are the crimes against persons?

Answer 1

assault
battery
rape
false imprisonment
kidnapping
murder
FM
voluntary manslaughter
involuntary manslaughter

Question 2

What are the two variations of CL assault?

Answer 2

1. assault as threat - general intent crime (intentional creation of V’s reasonable apprehension of imminent bodily harm); words are not sufficient
2. assault as attempted battery - specific intent crime (bc involves attempt)

Question 3

What is battery?

Answer 3

unlawful application of force to another, resulting in injury or offensive touching (completed assault)

general intent crime

Question 4

Under modern statutes, how can assault or battery be “aggravated”?

Answer 4

carried out with use of weapon

Question 5

What is CL rape?

Answer 5

unlawful carnal knowledge of a woman by a man other than her husband w/o consent

Question 6

What is rape under modern statutes?

Answer 6

slightest penetration that lacks consent (marital status is insignificant)

Question 7

When does lack of effective consent exist?

Answer 7

1. penetration is accomplished by force or threat of immediate bodily harm;
2. V is incapable of consenting due to lack of capacity (unconscious, intoxicated); or
3. V is fraudulently caused to believe the act is not intercourse

• fraud or trickery does not constitute rape

Question 8

What is false imprisonment?

Answer 8

unlawful confinement of a person w/o consent (cannot get consent through coercion, duress, threat, deception)

Question 9

What is kidnapping?

Answer 9

unlawful confinement of person that involves either

1. some movement of the V, or
2. concealment of the V in an unknown, hidden, or secret location

Question 10

How can false imprisonment become kidnapping?

Answer 10

if V is moved and/or concealed

Question 11

What is CL murder?

Answer 11

unlawful killing of another human w/ malice aforethought

Question 12

How do you establish malice aforethought?

Answer 12

D commits killing with one of the following mental states:

1. intent to kill
2. intent to inflict great bodily injury
3. depraved/malignant heart (killing w/ reckless indiff or unjustifiable risk to human life)
4. felony murder (killing caused during attempt or commission of inherently dangerous felony or statutorily enumerated one) (need intent to commit felony)

Question 13

What is 1st degree murder?

Answer 13

killing that is

1. deliberate and premeditated (D must have killed in dispassionate manner and have considered/reflected on killing, even if for a moment) or
2. felony murder - killing during enumerated fel.

Question 14

Are voluntary intox. and mistake of fact valid defenses to 1st degree murder?

Answer 14

yes - specific intent crime

Question 15

What is 2nd degree murder?

Answer 15

homicide not arising to 1st degree

Question 16

What is felony murder?

Answer 16

killing that occurs during the attempt or commission of certain enumerated felonies (intent to commit the felony is necessary)

Question 17

What are the felonies allowing for FM?

Answer 17

1. inherently dangerous

2. statutorily enumerated

Question 18

How do you show FM?

Answer 18

1. D must be guilty of underlying felony (valid defenses to underlying felony apply)
2. V’s death must be a foreseeable result of felony
3. V’s death must be caused before D reaches a place of temporary safety

Question 19

Is D liable for death of a co-felon killed by police?

Answer 19

No

Question 20

Is D liable for death of co-felon killed by victim?

Answer 20

No

Question 21

What is voluntary manslaughter?

Answer 21

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

Question 22

What constitutes adequate provocation?

Answer 22

1. the prov. would cause sudden and intense passion in ordinary person (causing loss of self-control)
2. D was in fact provoked and actually lost self-control
3. D (in eyes of ordinary person) did not have sufficient time to cool off between prov. and killing (fact-based)
4. D did not cool off between the prov. and killing

Question 23

Is adequate provocation a defense to murder?

Answer 23

No, but can be a mitigating factor that reduces murder charge to vol. mansl.

Question 24

How do you show imperfect self-defense?

Answer 24

D murders while acting in self-defense and crim. liability can be reduced from murder to mans. if:

1. D initiated the altercation that required self-d and
2. D unreasonably believed deadly force was necessary

Question 25

What is involuntary manslaughter?

Answer 25

killing committed w/ criminal negligence or during the commission of an unlawful act not constituting FM

Question 26

What constitutes criminal negligence?

Answer 26

1. D is grossly neg

D texting while driving and hits and kills ped

Question 27

What constitutes commission of unlawful act for invol. mans.?

Answer 27

felony or misdemeanor not giving rise to FM