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Criminal Law > Crimes Against the Person > Flashcards

Crimes Against the Person Flashcards

1
Q

DEATH AS AN EXPECTED OUTCOME

OF D’S CONDUCT, Think

A

Murder

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2
Q

DEATH AS AN UNEXPECTED OUTCOME

OF D’S UNJUSTIFIED RISK CREATION, think

A

THINK MANSLAUGHTER

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3
Q

Murder elements

3

A

unlawful killing + human being + malice

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4
Q

Manslaughter elements

2

A

unlawful killing + human being

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5
Q

Actus reus for murder

A

the act that results in the death

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6
Q

Can assisting someone in suicide incur accomplice liability for assister?

A

no, the death must be caused by someone other than victim (suicide is not homicide)

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7
Q

In situations when a victim is already dying, any speeding up the death will be held to be

A

The accelerating factor –> the actual cause of death

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8
Q

if the victim died more than one year and one day after the defendant’s act that was the cause in fact of death

A

Then the death is unforesseable and the ∆ is not the legal cause of the death

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9
Q

A defendant who does not personally kill the victim may nonetheless be legally responsible for a killing in the following four circumstances

A

(a) Accomplice to the actual killer may be held liable for homocide
(b) Conspiracy: where the reasonably foreseeable result of a conspiracy is a homicide + homicide committed in furtherance of the conspiracy. ALL MEMBERS can be held responsible for the homicide
(c) Substantial Factor: where both a 3rd party and ∆ together caused a victim’s death: both are the actual cause
(d) Co-Felon Liability: if the killing qualifies as a felony murder, non-killing co-felons may also be guilty of murder

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10
Q

What is the mens rea for all murders?

A

Malice (express or implied)

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11
Q

Malice is established by proof of

3

A

intent to kill;
intent to inflict grievous bodily harm; or
(depraved heart) an unintended killing resulting from extreme risk creation that manifests a wanton disregard for human life.

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12
Q

Intent to kill established by

2

A
  1. where the ∆ acts with purpose to kill or knowledge that conduct will kill
  2. Deadly Weapons Doctrine: inferred when ∆ uses a instrument designed to kill or used in a manner to inflict grievous bodily harm (can be superceeded by facts of other intent)
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13
Q

intent to inflict grievous bodily harm can arise?

2

A

intent to inflict grievous bodily harm can arise from

  1. conscious desire, or,
  2. substantial certainty that conduct will result in injury
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14
Q

Depraved heart murder is

A

Malice is implied where the defendant causes death as a result of an extreme risk creation that manifests a wanton disregard for human life.

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15
Q

Depraved heart murder is an unintentional killing resulting from:
(3)

A 
reckless or grossly negligent conduct
\+
 that creates extreme risk to others
\+
wanton indifference to human life
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16
Q

For felony murder, malice is established

A

automatically by causing a death during the commission of the “right type of felony

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17
Q

Felony murder elements

4

A

Unintentional injury that results in killing
+
Proximately caused
+
During the attempt, commission, flight from
+
Inherently dangerous felony

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18
Q

Right type of felonies for felony murder rule

2

A
  1. Listed in the murder statute

2. Be independent of the killing + inherently dangerous

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19
Q

When is a felony independent of the killing and inherently dangerous

A

If the primary purpose is serious physical harm, then not in the list of felonies for felony murder

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20
Q

When is a felony inherently dangerous?

(2) tests

A

This test is satisfied when the inevitable secondary effect of the felony is serious risk to human life.

  1. Abstract test (is it dangerous in the abstract?) (majority)
  2. Context test
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21
Q

Felonies that generally qualify for felony murder

A

BARRK

  1. Burglary
  2. Arson
  3. Rape
  4. Robbery
  5. Kidnapping
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22
Q

For purposes of felony-murder, the felony starts

A

When the ∆ could be convicted of attempting the underlying felony, there is no requirement that the felony be completed

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23
Q

The felony is deemed to have terminated, when

2

A

the felon has reached a temporary place of safety (no longer in immediate flight)
+
The felony is no longer ongoing

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24
Q

Felony murder Co-Felon liability occurs

A

When a victim is killed at the hand of one felon or another person, co-felon felony murder liability for that killing will vary depending on jurisdiction.

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25
Q

Majority rule for felony murder co-felon liability

A

Agency Rule
Felony murder liability is limited to the hand of the co felon

≠ liability for killings committed by non-felons

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26
Q

Minority rule/Traditional for felony murder co-felon liability

A

All felons were liable for any homicide that occurred during the perpetration of the felony.
Any death proximately caused by the felony was attributed to all co-felons.

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27
Q

Non-Violent Felon Exception applies when

A

A minority of common law jurisdictions

exempt from felony murder liability a non-violent co-felon, for example,

one who was not armed
+
and did not participate in or have any knowledge of the co-felon’s intentions

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28
Q

Deserving Victim Exception applies when

A

A minority of common law jurisdictions

also exempt from felony murder liability a killing of a co-felon (remember this as the “deserving victim” exception).

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29
Q

Redline Limitation applies when

A

Minority jurisdictions

apply a limited form of the agency doctrine, exempting from felony murder liability killings at the hand of a non-felon when the killing : a justifiable or excusable homicide on the theory that there is no unlawful killing to attribute to the felons
(e.g. shop keep kills a

30
Q

First Degree Murder Elements

A 
Premeditation intent to kill
\+
deliberation on killing
\+
Human
\+
Unlawful
\+
Malice
\+
Specific intnet
31
Q

All murders require proof of what

A

Malice

32
Q

What is the difference between first and second degree murder?

A

If the murderer does any reflection or premeditation, even if the reflection is cursory and brief, he may be guilty of first-degree murder

33
Q

Premeditation requires

2

A

There must be a thought about killing
+
Some amount of time has elapsed before killing

34
Q

Deliberation requires

2

A

A rational thought about the killing
+
The ∆makes the choice to kill

35
Q

Second-degree murder is

A

Second-degree murder is any killing with malice but without the requisite additional element to prove first-degree murder.

36
Q

Voluntary manslaughter is

A

An intentional killing that is mitigated by

  1. adequate provocation; or,
  2. diminished capacity
  3. Imperfect self defense
37
Q

Adequate provocation: To trigger a sudden heat of passion, defendant must

A

Be adequately provoked (provocation that would lead an ordinary, reasonable person to lose self control)
+
Causal connection between provocation and killing (∆ actually provoked)
+
Killing must occur while rage is hot (reasonable person would not have cooled off and ∆has not cooled off)

38
Q

Generally, there is adequate provocation when,

A
  1. victim of a serious battery
  2. sees spouse engaged in sexual conduct with another person
  3. observes the serious physical injury of a close family member
39
Q

Are mere words enough for adequate provocation?

A

no

40
Q

mitigating circumstances that strip malice off of intent to kill and reduce what is normally murder to manslaughter:
(2)

A
  1. diminished mental capacity (minority of states); a mental disturbance short of insanity can nullify malice and murder is reduced to voluntary manslaughter
  2. Imperfect self-defense: honest but unreasonable use of deadly force
41
Q

Involuntary manslaughter

A

an unintentional killing
+
unjustified risk creation

42
Q

Involuntary manslaughter risk creation requires proof that

A

(1) ∆ subjectively aware of the risk and ignores it
(2) ∆ unaware but a reasonable person would have been aware
(3) > than mere negligence

43
Q

Misdemeanor manslaughter

A

An unintentional killing that occurs during the commission or attempted commission
+
of a misdemeanor which is malum in se (evil in and of itself) or of a felony which is not of the inherently dangerous

44
Q

Assualt and battery are common law

A

misdemeanors

45
Q

Criminal battery is

2

A

intentional or reckless or criminally negligent
+
unlawful application of force to another person

46
Q

Criminal battery is a general intent crime established by proof of the following:
(3)

A
  1. ∆unlawfully applied force to the victim or ∆ set something in motion that applied force to the victim
  2. state of mind: intentional or reckless or criminally negligent
  3. with no legal justification or excuse
47
Q

Certain circumstances cause a simple battery (misdemeanor battery) to be elevated to an aggravated battery. Most commonly, these circumstances include:
(3)

A
  1. causing serious bodily injury,
  2. ∆uses a deadly weapon to commit the battery
  3. ∆ batters special category of victim
48
Q

Common defenses to battery

3

A
  1. valid consent
  2. Self defense or defense of others
  3. The prevention of crime
49
Q

What are the two types of assaults

A
  1. A failed attempted battery

2. Fear of battery assault

50
Q

A failed attempted battery assault requires

A

that the defendant intended to commit the battery, it is no defense that the victim was not aware of the assault or that the defendant was not presently able to commit the battery.

51
Q

Fear of battery assault occurs when

A

∆ does not intend to commit a battery but

the defendant must act with threatening conduct intended to cause reasonable apprehension of imminent harm in the victim

52
Q

Is a conditional threat sufficient for fear of battery assault?

A

Generally not enough because it is not immediate

53
Q

When does the victim need to be aware of the threatened battery? When do they not?

A

In fear of battery, When the ∆ never actually intended to consummate the battery

Not in a failed attemted battery

54
Q

When does a victim have a reasonable apprehension for fear of battery assault to occur?

A

The victim does not have to actually be afraid but rather to simply (and reasonably) anticipate or expect that the defendant’s act(s) will result in immediate bodily harm.

55
Q

A simple assault may rise to the level of an aggravated felony assault under certain circumstances. Most commonly, the circumstances include:
(3)

A

(1) The defendant commits an assault with a dangerous weapon;
(2) The defendant acts with the intent to rape or murder the victim; or
(3) The victim is specially protected by the statute.

56
Q

What does the felony of mayhem require

A

intent to maim or do bodily injury accompanied by an act that either

  1. disfigures victim; or,
  2. disabling some part of the body that could be used for fighting
57
Q

False imprisonment occurs when

3

A 
confinement is intentional
\+
confinement is against the law
\+
Victim is completely or fully confined
58
Q

Kidnapping elements

4

A

a. An unlawful
b. Restraint of a person’s liberty
c. By force or show of force
d. So as to send the victim into another location.

59
Q

Rape elements

A

A reasonable person in the ∆’s situation would have known that the victim was not consenting (penetration)

60
Q

Defense to rape

A

Mistake of fact if,

  1. Honest; and,
  2. Reasonable
61
Q

Statutory rape occurs when

A

Strict liability
where a female is under the statutorily prescribed age of consent (16)
-intercourse constitutes statutory rape even if the ∆expresses consent or ∆ mistakenly believes person is of legal age

62
Q

Bigamy occurs when

A

Strict Liability

Married to more than one person

63
Q

Mistake a defense to bigamy

A

Does not work

64
Q

Incest occurs when

A

there are sexual relations between individuals who are closely related to one another

65
Q

If you do not have premeditated or deliberate intent to kill, then you cannot have

A

1st degree murder

66
Q

Voluntary intoxication can affect what element of murder?

A

Deliberation

67
Q

When can an individual use non-deadly force to resist a police officer?

A

When the police officer is attempting an arrest and the individual does not know it is a police officer

68
Q

When does misdemeanor manslaughter rule apply?

A

When the underlying misdemeanor is “inherently wrong” and death is foreseeable given the misdemeanor

69
Q

Default degrees of murder

A

1st degree: Premeditated and Deliberate Murder

2nd Degree: Depraved heart, substantial bodily injury

70
Q

What happens if you punch someone and, not intending to cause substantial bodily harm, they die?

A

Involuntary manslaughter

Criminal Law (6 decks)

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