Criminal law: Offenses against the person Flashcards
Battery
Definition: unlawful application of force to the person of another (or something connected to the person) resulting in either bodily injury or an offensive touching.
Battery is a general intent crime; it is enough that the defendant caused the application of force with ordinary recklessness (i.e., the defendant is substantially certain harmful or offensive contact will occur).
**Needs to be more than negligance
It is sufficient that defendant put into motion actions causing harm.
A victim may consent (assuming he or she has capacity) to a simple battery, but not to serious batteries or homicide.
battery merges into robbery /attempted robbery
Battery DOESNT merge into felony murder
Assault
There are two types of assault at common law
(a) an attempt to commit a battery
(this is a specific intent crime) and
(b) the intentional creation (by more than mere words) of a reasonable apprehension in the victim’s mind of imminent bodily harm
(this is a general intent crime).
Assault merges into robbery /attempted robbery Assault DOESNT merge into felony murder
Homicide: Murder
Definition (common law): The unlawful killing of a human being with malice aforethought;
there are four distinct ways to prove malice aforethought:
(1) intent to kill (includes “mercy” killings)
in some states, if the defendant intentionally uses a deadly weapon on the victim, the jury is permitted to infer “intent to kill”
(2) intent to inflict great bodily injury that could easily lead to death (e.g., shoot in the shoulder, strike in head with baseball bat or cement block)
(3) reckless indifference or extreme recklessness (e.g., shooting in a crowded room or shooting in the direction of people)
(4) intent to commit a common law felony (felony-murder)
- Defendant’s act must cause the victim’s death within one year and a day at common law.
- The hastening of one’s death may be murder
- Defendant is liable for the natural and probable consequences of his acts, even if not anticipated;
- defendant is liable even if not aware of victim’s preexisting condition
Homicide: Voluntary manslaughter
Definition: Intentional or reckless killing as a result of adequate provocation (i.e., common law murder plus provocation);
adequate provocation exists when there is:
sudden and intense passion for an average person (objective)
provocation in fact (subjective)
no “cooling off” time for an average person (objective)
no “cooling off” time for the defendant (subjective)
If the defendant killed another intentionally or recklessly and any of these four elements is absent, the defendant is guilty of murder.
If all four of the elements of voluntary manslaughter are present, the defendant is not innocent, but rather is guilty of voluntary manslaughter (as opposed to murder).
following fact patterns:
(1) defendant finds his or her spouse in bed with another person,
(2) defendant is involved in mutual combat, or
(3) defendant responds to an assault/battery with too much force (i.e., more force than necessary for self-defense)
Homicide: involuntary manslaughter: ordinary recklessness (majority)
a person may be convicted of involuntary manslaughter if he acts recklessly by consciously disregarding a high risk of death or serious bodily injury
Homicide: Felony murder
Definition: a killing committed during the course of a common law felony (i.e., burglary, arson, robbery, rape, mayhem, or kidnapping) or during an attempt to commit a common law felony, even if the killing is accidental. The criminal intent is implied from intent to commit the underlying felony.
The underlying felony must be independent of the killing (i.e., there is no felony-murder for battery, assault, child abuse, or manslaughter because these crimes are often precursors to murder).
The death must be the foreseeable result of the commission of a felony.
a person may receive the death penalty for felony-murder only if he played a substantial role in the felony and the killing (e.g., the getaway driver may be convicted of felony-murder but probably cannot be sentenced to death).
The death must have been caused during the commission or attempted commission of the felony or during the immediate flight from the felony (i.e., before the felon reaches a place of safety, such as his home or a hide-out).
If the defendant has a defense to the underlying felony, then she can use the same defense for felony-murder
Under the doctrine of merger, the defendant may not be convicted of both felony-murder and the underlying felony (e.g., robbery), unless there are multiple victims.
ROBBERY MERGERS INTO FELONY MURDER IF ONLY ONE VICTOM
Homicide: Felony murder:
Death of a co-felon
the defendant is not liable for the death of a co-felon caused by resistance from a victim or police (because the killing by the police or victim is justifiable).
However, the defendant is probably liable for felony-murder if he kills (accidently or intentionally) a co-felon during the commission of the felony.
Homicide: Felony murder:
death of police or bystander
In a majority of jurisdictions (agency theory), the defendant is not liable if the police or victim accidentally kill each other or a bystander.
In a minority of jurisdictions (proximate cause theory), the defendant is probably liable for such deaths.
Kidnapping: definition
The confinement of a person involving either some movement of the victim against the victim’s will OR restraint of the victim in a secret place.
A “secret” location is one where the victim is unlikely to be found or a location outside of public view.
If the victim is competent to consent and does so, this may negate an element of the crime. Minors and mental incompetents may not consent.
Kidnapping: traditional vie
REMOVE THIS CARD
Any movement of victim against her will is sufficient.
Kidnapping: majority and M.P.C. veiw
Substantial movement is required; minor movement (e.g., room to room) incidental to another crime is insufficient.
Kidnapping: majority and M.P.C. view
Substantial movement is required; minor movement (e.g., room to room) incidental to another crime is insufficient.
False imprisonment
Definition: the unlawful confinement of a person without his or her consent
Nearly identical to the tort of the same name.
It is a general intent crime.
False imprisonment is a lesser included offense of kidnapping- thus, cant be convicted of both
“Kidnapping that falls short”- no movement required like in kidnapping
