Exam 3 Flashcards
(95 cards)
1
Q
What is a homicide?
A
“the killing of one human being by another human being”
2
Q
Are there human deaths which fall outside of homicide?
A
Suicide, illness
3
Q
At common law, what is a human being for the purposes of the criminal definition of a homicide?
A
The victim must be “alive”
4
Q
At common law, is a fetus considered a human being?
A
No
5
Q
At common law, when does a fetus become a human being?
A
The umbilical cord must be cut
6
Q
What is the “born alive rule?”
A
Intentional termination of a pregnancy, depending on the circumstances could fall under the laws of abortion and feticide
7
Q
Do some modern statutes still use the common law “born alive” rule?
A
Yes
8
Q
In modern statutes when does a fetus become a human being?
A
When it becomes viable
9
Q
When is a person legally dead?
A
“Permanent (irreversible) cessation of all brain function”
10
Q
What is euthanasia?
A
Killing of a terminally sick individual who only has a short time to live
11
Q
Is euthanasia considered murder?
A
Yes
12
Q
What is another name for euthanasia?
A
Mercy Killings
13
Q
When has suicide been a crime?
A
At common law
14
Q
What is the proximate cause test for homicide?
A
The act is the “logical” “foreseeable” cause of the harm
15
Q
What is the year and a day rule?
A
If someone is hurt by another person & dies a year and a day after the injury then no charges can be brought
16
Q
At common law, what are the three categories of homicide?
A
justifiable, excusable, and murder
17
Q
What is the definition of Justifiable Homicide ?
A
Homicides which are commanded or authorized by law
18
Q
What is an example of a justifiable homicide?
A
Death penalty
19
Q
Is defense of dwelling a justifiable homicide?
A
Yes
20
Q
What is the definition of an Excusable Homicide?
A
Homicides which, although not authorized or commanded by law, are not deserving of punishment
21
Q
What is an example of an excusable homicide?
A
A genuine accident
22
Q
Is insanity considered an excusable homicide?
A
Yes
23
Q
What is the definition of murder?
A
The unjustified, unexcused killing of one human being by another human being with malice aforethought
24
Q
What are the 2 elements of murder?
A
- The defendant’s conduct must have caused the death of another human being (act) 2. The defendant must act with the necessary intent to kill or engage in conduct so outrageous that the specific intent to kill will be inferred (mens rea).
25
At common law, the mens rea for murder was called what?
“Malice Aforethought”
26
What is the corpus delicti of a crime?
“The body or substance of the crime (proof that a crime has been committed)”
27
What is malice aforethought at common law?
Intent to kill, intent to do great bodily harm, intent to resist arrest, intent to commit an inherently dangerous felony, & intent to do an act with an abandoned and malignant heart
28
What is intent to kill at common law?
"Put a gun to someone’s head and pull the trigger with the intention to kill them"
29
What is intent to do great bodily harm?
Even if one did not have the specific intent to kill, but did intend to do great bodily harm and a person dies that equals murder
30
What is an example of intent to do great bodily harm at common law?
"Just wanted to “beat him to within an inch of his life”
31
What is intent to resist a lawful arrest?
Being arrested just to resist - Arrest must be lawful - It does not matter how slight the resistance
32
What is intent to commit an inherently dangerous felony?
Modern statutes list which “inherently dangerous felonies qualify, does not matter if the killing is accidental, does not matter if the person killed is the intended victim, a bystander or an accomplice (varies somewhat between jurisdictions)
33
Intent to commit an inherently dangerous felony is also known as what?
“Felony-murder rule”
34
What is intent to do an act with an abandoned and malignant heart?
“Depraved-mind” or “depraved-heart” - There may be no specific intent to kill or even harm but the conduct is so reckless as to be the functional equivalent of intent to kill
35
What is an example of intent to do an act with an abandoned and malignant heart?
Throwing a cement block from an overpass or Shooting into a crowd
36
At common law murder was usually divided into what two categories?
First & Second degree
37
What is first degree murder?
Murder plus an additional “aggravating” circumstance = first degree, Done in a particularly gruesome manner, "Cold blooded” killings (premeditated), & Felony-murder
38
What is second degree murder?
All other murders that are not "first degree" are “second degree”
39
In Indiana, what are the classifications of murder?
Capital and non-capital murder
40
What is the definition of manslaughter?
The unjustified, unexcused killing of one human being by another without malice aforethought
41
What is voluntary manslaughter?
The unjustified, unexcused, intentional killing of one human being by another without malice aforethought and with heat of passion
42
What type of homicide is a "heat of passion killing?"
Voluntary Manslaughter
43
What does "heat of passion killing" constitute?
Adequate provocation - sufficient to enrage any reasonable person, The provocation caused a sudden rage or sudden “heat of blood”, No cooling-off period, Causal connection between rage and the killings
44
What is an “imperfect self defense” in terms of voluntary manslaughter?
“Jury nullification” than fitting the definition of voluntary manslaughter
45
When are words alone enough to provoke voluntary manslaughter?
Never
46
What is the definition involuntary manslaughter?
The unjustified, unexcused, unintentional killing of one human being by another without malice aforethought
47
What are situations which give rise to Involuntary manslaughter?
The doing of an unlawful act (not a dangerous felony) which results in death or the doing of a lawful act in a criminally negligent manner
48
What is an example of involuntary manslaughter from a criminally negligent event?
A person owns a loaded gun, a kid picked it up, & accidentally shot himself
49
What is Negligent Manslaughter?
Currently it is mostly only a Model Penal Code creation - no states have it as an actual law
50
What is the definition of common law battery ?
Unlawful, unconsented to touching of one human being by another human being
51
What is the intent (mens rea) requirement of common law battery?
General intent
52
What is “touching” when it comes to battery?
Any touching is sufficient for a battery charge
53
Is there a need for injury in a common law battery?
No - but if there is one the punishment will be more severe
54
What is constructive touching?
Not an actual touching, but the equivalent
55
What is an example of constructive touching?
A girl walking up behind a police officer and grabbing his gun that is in the holster at his side
56
What does "unlawful, unconsented to" mean?
Rude, insolent, or angry manner
57
What is an example of an touching that is unconsented to but is still lawful?
An arrest
58
What triggers general intent?
When there is no mention of intent in the statute
59
What triggers specific intent?
The statute will mention it (“With the intent to…”) (“Knowing or intentional”)
60
What is child abuse?
A specific form of battery (against a dependent child) but also can result from failure to act where there is a duty to act
61
What is an assault?
Either (1) attempted battery or (2) the placing of the victim in apprehension of receiving an immediate battery
62
An attempted battery is when?
The crime of battery not completed by accomplishing an actual touching
63
The placing of the victim in apprehension of receiving an immediate battery means?
Accused must intend to make the victim believe that he is about to be touched without consent and the victim must actually believe that he is about to be touched
64
Does Indiana have an assault law?
No
65
What is an aggravated assault?
Assault plus either intent to commit some other crime or an assault coupled with the use of a deadly weapon
66
What is aggravated battery?
Batter + physical injury OR victim is a law enforcement officer
67
Mayhem is defined under common law as?
The intentional wounding of a “fighting man” so as to render him less able to defend himself or to worry his enemies
68
Mayhem defined under modern statutes is?
The unlawful and violent deprivation of the full use or function of a “member” of the body
69
Malicious disfigurement is defined as?
The intentional aesthetic disfigurement of a person
70
Hate Crimes add what to other crimes?
Specific intent or scienter
71
What are other special areas of battery discussed in the book?
Family violence, Elder abuse, Violence in the workplace, School violence, Road rage
72
Under common law False Imprisonment is defined as?
The unlawful unconsented to confinement of another human being
73
Confinement means?
To substantially interfere with the liberty (freedom of movement) of a person
74
What is kidnapping under common law?
The unlawful, unconsented to movement of a person from his own country to another
75
Kidnapping under modern statutes is?
The substantial movement of a person by threat or force is necessary
76
Under common law, how is rape defined?
The unlawful, unconsented to “carnal knowledge” of a women by a man
77
What type of intent is required for rape?
General
78
"Unlawful, unconsented to" in terms of rape means?
“Force, fear or trick”
79
What is statutory rape?
Rape that violates statutes
80
Under common law, can a man be a victim of rape?
No
81
What are Rape shield laws?
Rules of evidence that says certain things are not relevant to whether or someone consented
82
A person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when?
The other person is compelled by force (battery) or imminent threat of force (assault) 2. the other person is unaware that the sexual intercourse is occurring; or 3. the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given
83
What type of felony is rape?
Class B
84
In Indiana Rape is an A Felony if?
Deadly force used or threatened, Committed while armed with a deadly weapon, Results in serious bodily injury to a person other than the defendant, Accomplished by furnishing a drug without victims knowledge
85
What is Criminal deviate conduct?
Forced sexual conduct of oral, anal sex or forced penetration of the sex organ or anus by an object
86
How is criminal deviate conduct punished?
Same as rape - Class B Felony
87
What is child molesting?
Anyone who performs or submits to sexual intercourse or sexual deviate conduct with a child under 14 commits child molest
88
What type of felony is child molseting?
Class B
89
When does child molesting become a class A felony?
If perpetrator is 21 or over or if any of the other aggravators from rape and criminal deviate conduct are present
90
Sexual battery is defined as?
A person who, with intent to arouse or satisfy the person’s own sexual desires or the sexual desires of another person, touches another person when that person is: Compelled to submit to the touching by force or the imminent threat of force; or so mentally disabled or deficient that consent to the touching cannot be given
91
Sexual batter is what type of felony?
Class D
92
When does any felony become a higher class?
When aggrevators exist
93
What is sexual misconduct with a minor?
Someone 18 or older who has sexual intercourse or criminal deviate conduct with someone between the ages of 14 and less than 16
94
What type of felony is sexual misconduct with a minor?
Class C
95
When does sexual misconduct with a minor become a class B felony?
When the person committing the crime is 21+
