Criminal Law - Battery, Assault, Murder & Manslaughter

Question 1

Common Law Battery Elements (4)

Answer 1

1. The unlawful
2. Application of force to another,
3. Resulting in either (a) bodily injury or (b) offensive touching
4. Mental State: General Intent

Question 2

Common Law Assault Version #1

Answer 2

Attempted Battery ( a swing and a miss)

Question 3

Common Law Assault Version #2 Elements (5)

Answer 3

1. The intentional creation
2. Other than by mere word
3. Of a reasonable apprehension in the mind of the VICTIM
4. Of imminent bodily harm (a fake punch)
5. Mental State: Specific Intent

Question 4

The Year and a Day Rule (Common Law)

Answer 4

Death must occur within a year-and-a-day of the homicidal act

Question 5

The Year and a Day Rule (Majority Rule)

Answer 5

Death may occur at any time

Question 6

Common Law Homicide Crimes - Murder (Definition)

Answer 6

1. Causing the Death
2. Of a person
3. With Malice afterthought

Question 7

Common Law Homicide Crimes - Murder (Mental State - 4)

Answer 7

1. The Intent to Kill
2. The Intent to inflict serious bodily harm
3. Extreme recklessness, meaning reckless indifference to human life
4. The intentional commission of an inherently dangerous felony (“felony murder”)

Question 8

Common Law Homicide Crimes - Murder (Intent to Kill Murder Special Rules - Deadly Weapon Rules)

Answer 8

The intentional use of a deadly weapon creates an inference of an intent to kill

Question 9

Common Law Homicide Crimes - Murder (Intent to Kill Murder Special Rules - Transferred Intent)

Answer 9

If a defendant intends to harm one victim, but accidentally harms a different victim instead, the D’s intent will TRANSFER from the intended victim to the actual victim

Note: This rule applies most frequently to murder but can also apply to other crimes, such as battery and arson.

Question 10

Common Law Homicide Crimes - Murder (Intent to Kill Murder Special Rules - Transferred Intent - Exception)

Answer 10

Transferred intent does not apply to ATTEMPTS, only to crimes with “completed harms.”

Question 11

Common Law Homicide Crimes - Murder (Felony Murder - Definition)

Answer 11

Any killing caused during the commission of or attempt to commit a felony

Question 12

Common Law Homicide Crimes - Murder (Felony Murder - Most Common Limitations [6])

Answer 12

1. D must be guilty of the underlying felony (if you have a defense to the felony, you have a defense to felony murder)
2. The felony must be INHERENTLY dangerous
3. The merger rule: the felony must be independent of the killing
4. “Res Gestae” Principles: The killing must take place during or in furtherance of the felony or during immediate flight from the felony. Once the felon(s) reach a place of temporary safety, the felony ends.
5. The death must be FORESEEABLE.
6. The victim must not be a co-felon

Question 13

Common Law Homicide Crimes - Murder (Felony Murder - Vicarious Liability - “Proximate Cause Theory”)

Answer 13

In most states, if one of the co-felons proximately causes the victim’s death, ALL of the co-felons will be guilty of felony murder, even if the actual killing is committed by a 3rd Party (e.g. a police officer).

Question 14

Common Law Homicide Crimes - Murder (Felony Murder - Vicarious Liability - “Proximate Cause Theory”)

Answer 14

In most states, if one of the co-felons proximately causes the victim’s death, ALL of the co-felons will be guilty of felony murder, even if the actual killing is committed by a 3rd Party (e.g. a police officer).

Question 15

Common Law Homicide Crimes - Murder (Felony Murder - Vicarious Liability - “Agency” Theory)

Answer 15

In some states, however, the felony murder doctrine applies ONLY if the killing is committed by one of the co-felons

Question 16

Statutory Variations - First Degree Murder (Majority Approach)

Answer 16

Any killing committed with:

1. premeditation (thought about it ahead of time); and
2. deliberation (calm, cool, and collected)

Question 17

Statutory Variations - Second Degree Murder (Majority Approach)

Answer 17

All other intentional murders, as well as depraved heart murder, and where it still exists as a separate category of homicide, intent-to-inflict-serious-bodily-harm murder

Question 18

Voluntary Manslaughter (Definition)

Answer 18

1. A killing committed intentionally
2. in the heat of passion
3. upon adequate provocation

Question 19

Voluntary Manslaughter - 4 Requirements

Answer 19

1. Provocation must be objectively adequate - arouse a sudden intense passion
2. the D was subjectively provoked
3. D did not have time to cool off
4. D didn’t actually cool off

Question 20

Common Law Involuntary Manslaughter - 2 Types

Answer 20

1. A killing committed during the commission of a crime to which the felony murder rule does not apply
2. An unintentional killing committed:
   a) Common Law: with criminal negligence (gross deviation from a reasonable standard of care
   b) MPC/Modern Trend: recklessness