Crimes Against the Person & Habitation

Question 1

What is a homicide?

Answer 1

An unexcused intentional killing of another person

Question 2

What is common law murder?

Answer 2

the unlawful killing of a human being with malice aforethought

Question 3

Ds that don’t personally commit acts sufficient to actual murder can be legally responsible in the following situations:

Answer 3

1. accomplices
2. co-conspirators- where the reasonably foreseeable result of conspiracy is a homicide and the murder was committed in furtherance of the conspiracy
3. felony murder

Question 4

What are the 4 forms of Mens Rea for Murder

Answer 4

1- intent to kill: deadly weapons doctrine; specific intent crime

2- intent to cause serious bodily harm;deadly weapons

3- depraved hart- unintentional killing resulting from conduct involving a wanton indifference to human life

4- felony murder- BARRK; murder must be collateral; resulting death must occur during commission of the felony; felony terminates at point of temporary safety

Question 5

What are the rules for Felony Murder based on vicarious liability?

Answer 5

1. Majority- killer must be a felon; redline limitation (dead person must not be a felon)

2 Minority- killer can be anyone; based on proximate cause;D must be violent

Question 6

Second degree murder occurs when…

Answer 6

1. D’s malice is intent to inflict serious bodily injury
2. Where D acted with wanton and will misconduct
3. felony murder where murder is not applicable as 1st degree murder by statute

Question 7

Voluntary Manslaughter

Answer 7

1. an intentional killing mitigated by adequate provocation, and imperfect self defense. or other circumstances negating malice aforethought; MINORITY allows diminished capacity short of insanity
2. there must not be enough time after the provocation that a reasonable person would have cooled of

Question 8

Involuntary Manslaughter

Answer 8

an unintentional killing w/o malice aforethought caused by either recklessness, criminal negligence, or during the commission of an unlawful act

Question 9

Misdemeanor-manslaughter rule

Answer 9

an unintentional killing that occurs during the commission of a misdemeanor that is malum in se, or a non-dangerous felony

Question 10

Criminal battery is…

Answer 10

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

**GI crime

Question 11

Battery is elevated to aggravated battery in 3 situations

Answer 11

1. D causes the V serious bodily injury
2. D used a deadly weapon
3. D is a protected class

Question 12

Defenses for battery

Answer 12

1. consent
2. self defense, or defense of others
3. necessity to prevent a crime

Question 13

Criminal assault is…

Answer 13

1. attempting to commit a battery (presently, not in the future)
2. putting D in immediate apprehension of a battery: requires intent or that the v suffers harm

Question 14

Assault is elevated to aggravated assault in 2 situations

Answer 14

1- D uses a dangerous weapon

2- D intents to seriously injure, rape, or murder the V

Question 15

Mayhem

Answer 15

An intent to maim or do bodily injury that:

1-dismembered the victim
2-disabled a body part used for fighting

Question 16

Larceny Elements

Answer 16

1- taking

2- carrying away: the slightest movement will suffice

3- of the tangible personal property;

4- of another

5- with intent to permanently deprive the owner thereof

Question 17

Defenses to Larceny

Answer 17

1. D intends to return the property to v within a reasonable time
2. an incorrect and unreasonable belief of ownership

Question 18

Embezzlement Elements

Answer 18

1. the unauthorized fraudulent conversion or misappropriation
2. of the property of another
3. by one who is already in lawful possession

Question 19

Robbery Elements

Answer 19

1. Larceny
2. accomplished by force of violence or by intimidation or the threat of violence

***also include lesser included offenses of assault & batttery

Question 20

Obtaining Property by False Pretenses Elements

Answer 20

1- false representation of a present or past material fact by the D

2- that causes the V to pass title to his property

3- to the D

4- who knows his representation to be false; and

5- intends thereby to defraud the victim

Question 21

Larceny by Trick

Answer 21

larceny whereby the D obtains possession of another’s personal property by means of a representation or promise known to be false

Question 22

Extortion

Answer 22

1. ComLaw- the corrupt demand or receipt of an unlawful fee by a public official under color of his office

2- Modern- blackmail– obtaining property of another by the use of threats of future harm to the V or his property

Question 23

Forgery Elements

Answer 23

1- fraudulent making

2- of a false writing with apparent legal significance; and

3- intent to make wrongful use of the forged document

Question 24

Burglary Elements

Answer 24

1- breaking: can be constructive (by fraud or deception)

2- and entering

3- of the dwelling house

4- of another

5- in the nighttime; and

6- with the intent to commit a felony therein : must occur simultaneously

Question 25

Arson Elements

Answer 25

1- the malicious 2- burning 3- of the dwelling (now includes all structures) 4- of another