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Flashcards in Crimes against the Person Deck (45)
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1
Q

What is the Year-and-a-Day Rule? NOTE: NY Distinction

A

CL (min) rule: death MUST occur w/in a year + a day of the homicidal act

Maj: does NOT follow year-and-a-day rule

NY does NOT follow the Yr + a day rule

2
Q

Murder:

CL

(elements)

A

Murder =

  • 1) Causing the death;
  • 2) of another person
  • 3) with “malice aforethought”
3
Q

CL Murder:

Malice aforethought

(4 types)

A
  1. Intent to kill
    1. *infer if use deadly weapon
  2. Intent to cause serious bodily injury
  3. Depraved heart murder
    1. reckless indiferrence to human life
  4. Commisison of inherently dangerous felony
4
Q

CL Murder:

For Intent to Kill (form of malice aforethought)-

2 special rules for inferring intent

A

1) Deadly weapon rule = the intentional use of a deadly weapon creates an INFERENCE of an intent to kill
2) Transferred intent = if a ∆ intends to harm one victim, BUT accidentally harms a DIFFERENT victim instead, the ∆’s intent will TRANSFER from the intended victim to the actual victim

NOTE: Most often applies to (all) homicide, but can also apply to other crimes, such as battery and arson EXCEPTION: transferred intent does NOT APPLY to attempts, only to crimes w/ “completed harms”

5
Q

CL & NY

Felony murder

(limitations)

A

Felony murder = ANY killing caused during the commission of OR attempt to commit a felony

6 limitations:

  • 1) D must have committed the felony
    • (factually, not necessarily charged) of the underlying felony
    • Defense to felony = defense to felony murder
  • 2) Felony must be inherently dangerous
    • ​NY list: (brakes)
      • ​battery
      • robbery
      • arson
      • kidnapping
      • escape
      • sexual assault
  • 3) The merger rule: the felony must be INDEPENDENT of the killing
    • i.e. aggrevated assault or battery CANNOT be the underlying crime for felony murder
  • 4) Killing must take place DURING the felony OR during the immeidate flight from the felony Once D reaches place of temporary safety, the felony ends
  • 5) Death must be foreseeable
  • 6) Victim must NOT be a co-felon
6
Q

CL & NY:

Felony Murder:

Vicarious Liability

A

Maj: Proximate cause theory

  • D is liable for death caused by anyone if D’s felony is proximate cause
    • ex: police oficer kills

Min: Agency theory

  • D is liable only for deaths caused by co-felon

NY: proximate cause thoery

7
Q

NY felony Murder:

Non-slayer defense

A

NY: Proximate cause theory for vicarious liability

BUT defense if:

  • i) D did not cause the death
  • ii) D did not carry deadly weapon
  • iii) D had no reaspon to know co-felon was carrying deadly weapon
  • iv) D had no reaspon to believe co-felon would do anything likely to result in death
8
Q

Majority approach:

First degree murder

A
  • i) intentionally killing another
  • iii) with premeditation and deliberation
9
Q

Maj:

2d Degree murder

A

2d degree murder = all other intentional murders

  • 1) Causing the death;
  • 2) of another person
  • 3) with “malice aforethought”:
    • intent to inflict serious bodily harm;
    • OR EXTREME recklessness (i.e. reckless indifference to human life a/k/a “depraved heart”)
10
Q

Battery:

Common Law

A

Battery =

  • 1) the unlawful;
  • 2) application of force to another;
  • 3) resulting in EITHER bodily injury OR an offensive touching

Mental state = general intent

11
Q

Assault:

CL elements + mens rea

A

Version 1 = attempted battery (i.e. a swing/miss)

Version 2 = reasonable apprehension, which reqs…

  • 1) The intentional creation;
  • 2) Other than by mere words;
  • 3) of a reasonable apprehension in the mind of the victim;
  • 4) of imminent bodily harm (i.e. a fake punch) Mental state = specific intent
12
Q

Common Law:

False Imprisonment

A

False imprisonment =

  • 1) the unlawful;
  • 2) confinement of a person;
  • 3) w/out his consent
  • Mental state = general intent
13
Q

Common law:

Kidnapping

A

Kidnapping =

  • 1) false imprisonment (i.e. unlawful confinement w/o consent);
  • 2) that involves either:
    • moving the victim
    • OR concealing the victim in a secret place
  • Mental state = general intent
14
Q

What are the 2 vicarious liability theories under CL felony murder? NOTE: NY Distinction

A

1) “Proximate cause” theory (majority rule) = if one of the co-felons proximately causes the victim’s death, then ALL of the other co-felons will be guilty of felony murder, EVEN IF the actual killing is committed by a 3d party (e.g. a bystander, a police officer, etc) NY DISTINCTION: this is the approach followed in NY 2) “Agency” theory = felony murder doctrine applies ONLY IF the killing is committed by one of the co-felons

15
Q

Common law:

Forcible Rape

A

Forcible rape =

  • 1) sexual intercourse (ANY type of penetration)
  • 2) w/o the victim’s consent;
  • 3) accomplished by:
    • (i) force;
    • (ii) threat of force;
    • OR (iii) when the victim is unconscious
  • Mental state = general intent
16
Q

What are 2 types of involuntary manslaughter?

A

1) A killing committed w/ criminal negligence (i.e. a GROSS deviation from a reasonable std of care) 2) A killing committed during the commission of a crime to which the felony murder doctrine DOES NOT apply (i.e. “unlawful act” OR misdemeanor manslaughter)

17
Q

What are the 2 elements of AND the req’d mental state for CL statutory rape? NOTE: NY Distinction

A

Statutory rape = 1) sexual intercourse (ANY type of penetration); 2) with someone UNDER the age of consent Mental state = strict liability w/ no defense (majority rule) Minority rule = a REASONABLE mistake of age is a defense NY DISTINCTION: age of consent is 17 (i.e. ∆ MUST be at least 21, and the victim 16 or younger)

18
Q

What are the 3 elements of CL voluntary manslaughter?

A

Voluntary manslaughter = 1) an intentional killing; 2) committed in the heat of passion; 3) upon adequate provocation Provocation needs to be OBJECTIVELY adequate (e.g. serious assault or battery; presently witnessed adultery; normally NOT words) ∆ was actually provoked (a subjective consideration) ∆ did not have time to “cool off” ∆ did not ACTUALLY cool off b/t the provocation and the killing

19
Q

In NY, what is 2d degree unlawful imprisonment (as well as 1st degree)?

A

2d degree unlawful imprisonment = 1) unlawfully; 2) restraining someone; 3) without their consent; AND 4) with knowledge that the restriction is unlawful ————— 1st degree unlawful imprisonment = 1) 2d degree unlawful imprisonment; AND 2) a risk of serious physical injury

20
Q

In NY, when is a homicide crime elevated to “aggravated”?

A

1) when the victim of the homicide is a police officer killed in the line of duty, the offense can be… Aggravated Murder Aggravated Man 1 Aggravated Man 2 Aggravated Crim. Negl. Homicide 2) when the ∆, over the age of 18, causes the death of a child UNDER the age of 14 in an especially cruel and wonton manner = aggrevated murder

21
Q

NY:

Assault

(1st, 2d, 3d degrees)

A

2d degree assault =

  • 1) intentionally causing;
  • 2) serious physical injury

1st degree assault =

  • 1) 2d degree assault;
  • AND 2) a weapon ————

3d degree assault =

  • 1) intentionally causing;
  • 2) non-serious physical injury ———— NOTE: 1) All versions of assault in NY req INJURY (there is no “offensive touching”) 2) Attempted assault reqs intent to assault 3) Menacing: Merely creating a “reasonable apprehension” (w/o intent to actually injury) is NOT assault (this is a seperate crime, “menacing”) 4) Battery is NOT a separate crime in NY!!
22
Q

In NY, what are the ONLY 6 felonies that can give rise to felony murder?

A

“B-R-A-K-E-S” 1) Burglary 2) Robbery 3) Arson 4) Kidnapping 5) Escape 6) Sexual assault

23
Q

In NY, what is criminally negl. homicide?

A

The ∆ SHOULD have been aware of a substantial and unjustifiable risk of death Mental state = criminal negl.

24
Q

In NY, what are the 4 elements for the “non-slayer” defense to felony murder?

A

NY provides a ltd affirmative defense to felony murder IF the ∆ can prove… 1) the ∆ did not kill the victim; 2) the ∆ did not have a deadly weapon; 3) the ∆ had no reason to believe that his co-felons had a deadly weapon; AND 4) the ∆ had no reason to believe that his co-felons intended to do anything that was likely to result in death

25
Q

NY

Kidnapping:

(1st, 2d degree)

A

2d degree kidnapping =

  • abducting someone —————

1st degree kidnapping =

  • 1) 2d degree kidnapping;
    • 2) one of the following:
      • (i) seeking ransom;
      • (ii) restraint for more than 12 hrs w/ intent to rape/injure/rob;
      • OR (iii) death of the victim
        • (–> also felony murder- 1st degree murder if intentional. 2d degree if unintentional)
26
Q

In NY,

1st degree manslaughter

A

1st degree manslaughter = (3 forms)

  • 1) Extreme Emotional Disturbance (EED) manslaughter;
    • i) intentional killing
      • ii) committed under the influence of a reasonable and extreme emotional distrubance
    • NOTE: EED manslaughter is an affirmative defense to Murder 2, which ∆ must prove by a preponderance of the evidence
  • 2) An intent to cause serious physical injury
    • (= MS Cl murder)
27
Q

In NY,

2d degree manslaughter?

A

2d degree manslaughter = reckless killing

  • i) CONSIOUSLY disregards a substantial and unjustifiable risk of death
    • (reckless)
  • ii) causes death of another

Voluntary intoxiation is not an affirantive defense (b/c mental state= recklessness_

28
Q

NY:

Highly Reckless Murder

A
  1. Person demonstrates depraved indifference to human life through recklessly engaging in conduct that creates a grave risk of death to another
  2. thereby causing death of another
29
Q

NY:

Criminally Negligent HOmicide

A

= one causes death of another due to criminal negligence

  • must be morally blameworthy (gross deviation from ordianry standard of care)
  • death must be foreseeable
30
Q

In NY, what are the various types of homicides?

Affirmative Defenses

A

1) Murder 1
2) Murder 2
3) Manslaughter 1
4) Manslaughter 2
5) Criminally Negligent Homicide ————

Affirmative defenses:

  1. Extreme emotional disturbance (heat of passion)
  2. Aiding a suicide
31
Q

NY:

1st Degree Murder

A

(*** premeditation and deliberation are IRRELEVANT in NY )

1st degree murder =

a ≥ 18 yr old ∆ who…

  • intentionally kills
  • 2) w/ aggrevating factor
    • (i) intended victim is an on-duty cop
      • court officer, corrections personnel
        • D should have known
    • (ii) victim killed b/c he was a judge
    • (ii) murder for hire;
    • (iii) killing for witness intemidation;
    • (iii) ≥ 1 victim is same criminal trxn
    • (v) intentional killing during commission of felony
    • (vi) more than one victim
    • (vii) victim killed in furtherance of terrorist act
      *
32
Q

NY:

2nd degree murder

A

2d degree murder

= a ∆ of ANY age who… (3 forms)

  • 1) intentionally kills w/o aggravating factor;
  • OR 2) commits highly-reckless killing
    • demonstrating depraved indifference to human life (w/ more than one victim);
      • (if just ONE victim, you need torture)
  • 3) commits felony murder where a non-co-felon victim is unintentionally killed
    • * all participants in felony may be charged
    • *even if felony charges are dismissed, D acquitted
      • IF sufficient evidence that D committed/attempted to commit the felony
    • felonies:
      • burglary
      • robbery
      • arson
      • kidnapping
      • first degree rape
      • sexual abuse/aggravated sexual abuse
      • 1st & 2nd degree escape
33
Q

NY approach:

What is Voluntary Manslaughter in NY?

A

Extreme emotional disturbance manslaughter

= a killing:

  • i) intentionally committed
  • ii) under influence of a reasonable and extreme emotional disturbance

= affirmative defense –>takes murder 2 down to manslaughter

  • **D must prove by preponderance of evidence
34
Q

Majority approach:

Voluntary Manslaughter

A

= a killing:

  • i) intentionally committed
  • ii) in the heat of passion
    • ​i) d actually incensed
    • ii) did not cool off
  • iii) due to adequate provocation
    • ii) average person would be provoked
    • iv) average person would not have cooled off

Maj: (effect: takes murder 2 down to manslaughter)

35
Q

NY:

Vehicular Assult

Vehicular Homicide

A

Vehicular Manslaughter:

  • causing the death of another by driving intoxicated (>.08)
  • *Aggravated = same, but blood alcohol .18_ OR death of more than one victime

Vehicular Assault:

  • causing bodily injury to another by driving intoxicated
36
Q

NY:

Assault & attempted assault

A

NY assualt =

  • 1) intentionally
  • 2) causing injury to another’s person

NY attempted assault =

  • 1) intentionally
  • 2) putting another in imminent aprehension of imminent bodily injury
37
Q

NY Felony murder defense:

A

Affirmative defense to felony-murder:

  1. he did not commit/aid in commission of homicidal act
  2. was not armed w/deadly weapon
  3. no reasonable grounds to believe others were armed
    • no reason to beleive any participant intned to engage in conduct likely to result in death
38
Q

NY Kidnapping Defense

A

Affirmative defense =

  • i) D is relative of the victim
  • ii) and only kidnapped to regain control
39
Q

NY Rape:

1st Degree (qulaifies as first degree murder)

A

person engages in sexual intergourse with another person who is:

  • *by forcible compulsion
  • less than 11 years old
  • physically helpless
  • OR less than 13 & actor is 18 or over
40
Q

Rape/Sexual misconduct:

Can D be convicted from evidence of v’s testimony alone?

A
41
Q

NY:

What if create reasonable apprehension of harm in another?

A

CL version of assault is NOT a crime in NY.

Attempted assault if intentionally caused

If no intent, “menacing”

  • creating a reasponable apprehension” without an intent to actuall unjury

**NO form for offensive touching

42
Q

CL/Maj:

Involuntary Manslaughter

A

2 types:

  1. Killing committed during commission of crime, where felony murder does NOT apply
  2. Unintentional killing with:
    1. Maj/MPC: recklessness
    2. CL: criminal negligence
43
Q

NY:

Aggravated Homicide:

(3 ways)

A
  1. killing on-duty cop (should have known)
  2. D, over age 18, causes death of victim under 14 in cruel and wanton manner
    • Aggravated vehicular homicide-
      1. if blood-alcohol over .18
      2. OR engages in reckless driving
44
Q

NY:

Unlawful Imprisonment

(1st, 2d degree)

A

Second degree:

  • 1) unlawfully
  • 2) restraining someone
  • 3) w/o their consent
  • AND 4) knowledge that the restriction is unlawful
  • (mens rea = knowing)

1st degree:

  • 1) 2nd degree
    • 2) risk of serious physical injury
45
Q

Common law/NY:

Statutory Rape

A

Statutory rape =

  • 1) sexual intercourse
  • 2) w/someone under the age of consent
    • Ny: 17 (vic must be 16 or under, D must be 21)

Mens rea =

  • Maj: strict liability
  • MPC/min: reasonable mistake of age is defense