Crimes Against the Person

Question 1

Battery

Answer 1

1) Unlawful applications of force to the person of another

2) resulting in either bodily injury or an offensive touching

Question 2

Assault

Answer 2

two versions:

1) attempted batter (under this theory, assault is specific intent crime because all intents are specific intent crimes)
2) as a theory (under this theory, assault is a general intent crime) - Definition 1) intentional creation, other than by mere words, 2) of a reasonable apprehension in the mind of the victim, 3) of imminent bodily harm

Question 3

Murder - Criminal homicide with malice (Intent)

Answer 3

1) Intent, one of the following mental states:
A: Intent to kill
B: Intent to inflict serious bodily harm
C: Reckless indifference to an unjustifiably high risk to human life (depraved heart)
Intent to commit a felony (felony murder).
D: Intent to commit that felony creates the malice needed to make the homicide a murder.
i. If D has a defense to the underlying felony, then he has a defense to the charge of felony murder
ii. Felony must be distinct – The underlying felony must be independent of the killing.
(A) Rationale: you cannot convert every homicide into a felony murder simply because the homicide may itself be a felony.
(B) E.g. assault with armed weapon ending in murder is NOT felony murder b/c no separate felony
iii. The deaths must be foreseeable (easily satisfied) – e.g. healthy guy dies from heart attack from robbery → felony murder
(A) Death caused while fleeing from a felony IS a felony murder; BUT once a defendant reaches some point of temporary safety the original felony ends
iv. D is NOT liable for the death of a co-felon as a result of resistance by the victim or police.
BUT if the store owner or police shoot an innocent shopper while trying to resist a robbery, that IS felony murder.

Question 4

Murder - Criminal homicide with malice (Causation)

Answer 4

D’s conduct must be the cause-in-fact and the proximate cause of the victim’s death
(A) Intervening acts generally shield D from liability if the act is a coincidence or is outside for foreseeable sphere of risk created by the D

Question 5

Murder - Criminal homicide with malice (First Degree Murder)

Answer 5

Usually requires deliberation and premeditation

(A) Second degree murder is done without premeditation and deliberation

Question 6

Manslaughter - Criminal homicide without malice (Voluntary)

Answer 6

Voluntary – always homicide that would have been an intent-to-kill murder but for the presence of mitigation. 3 ways “murder” can be reduced to “voluntary manslaughter”
(A) Provocation** – adequate provocation will reduce a killing to voluntary manslaughter if the defendant was both (1) reasonably and actually provoked [subjective and objective] and (2) at the time the D lashed out and killed the victim, the D had not yet personally cooled from the heat of passion and a reasonable person would not have yet cooled from the heat of the passion [subjective and objective]
(B) Imperfect claim of self-defense – person who kills honestly though unreasonably believing that they must do so in self-defense
(C) Diminished capacity – in many jurisdictions, diminished capacity can be used to reduce murder to voluntary manslaughter.

Question 7

Manslaughter - Criminal homicide without malice (Involuntary)

Answer 7

Involuntary – result of an unintentional homicide (e.g. reckless/depraved heart or felony murder)
(A) Criminal negligence
i. E.g. Falling asleep at the wheel or carelessly handling a gun with someone dying as a result
ii. Not prosecuted as depraved heart murder because:
(A) Had behavior involved recklessness of a more outrageousness nature, it might have constituted the more serious crime of murder in the 2d degree
(B) “subjective awareness” of the creating of a high degree of risk is required for depraved heart murder, but it is not needed for involuntary manslaughter
(B) Misdemeanor manslaughter – killing someone during the commission of either a misdemeanor or an unenumerated felony

Question 8

Kidnapping

Answer 8

1) Movement of the victim OR

2) Concealment of the victim in a “secret” place

Question 9

False Imprisonment

Answer 9

1) Unlawful confinement of a person

2) without his valid consent

Question 10

Sex Offenses

Answer 10

1) Rape - slightest penetration counts. General intent, so reasonable mistake of fact is a defense
2) Statutory rape (Strict liability). Consent of victim is not a defense. Mistake of fact is not a defense