Homicide/Crimes Against Persons

Question 1

Common Law Murder

Answer 1

unlawful killing of a human being with malice aforethought

Question 2

When does malice aforethought exist

Answer 2

• intent to kill: first degree
• intent to inflict great bodily harm: 2nd degree
• reckless indifference to an unjustifiably high risk to human life: 2nd degree
• OR intent to commit a felony: first degree

Question 3

First Degree Murder

Answer 3

• premeditated killing
• first degree felony murder
• homicide of a police officer (in line of duty)

Question 4

Second Degree Murder

Answer 4

• depraved heart killing (a killing done with a reckless indifference to an unjustifiably high risk to human life) or any murder that is not classified as a first degree murder

Question 5

Voluntary manslaughter

Answer 5

Voluntary manslaughter is a killing that would be murder but for the existence of adequate provocation

Question 6

Provocation is adequate only if:

Answer 6

• It was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control (for example, exposure to a threat of deadly force, finding your spouse in bed with another, or being a victim of a serious battery)
• The defendant was in fact provoked
• There was not sufficient time between provocation (or provocations) and the killing for passions of a reasonable person to cool; and
• The defendant in fact did not cool off between the provocation and the killing

Question 7

Imperfect Self-Defense

Answer 7

under which murder may be reduced to manslaughter even though:
(1) the defendant was at fault in starting the altercation; or
(2) the defendant unreasonably but honestly believed in the necessity of responding with deadly force (meaning the defendant’s actions do not qualify for self-defense).

Question 8

INVOLUNTARY MANSLAUGHTER

Answer 8

• With criminal negligence (or by “recklessness” under the M.P.C.) or
• In some states, during the commission of an unlawful act (misdemeanor or felony not included within felony murder rule). Foreseeability of death also may be a requirement.

Question 9

Aggravated Battery

Answer 9

Most jurisdictions treat the following as aggravated batteries and punish them as felonies: (1) battery with a deadly weapon; (2) battery resulting in serious bodily harm; and (3) battery of a child, woman, or police officer.

Question 10

Aggravated Assault

Answer 10

assault plus one of the following:
(1) the use of a deadly or dangerous weapon, or
(2) with the intent to rape, maim, or murder.

Question 11

KIDNAPPING

Answer 11

unlawful confinement of a person that involves either (1) some movement of the victim, or
(2) concealment of the victim in a “secret” place

Question 12

Aggravated Kidnapping

Answer 12

includes kidnapping for ransom, kidnapping for the purpose of committing other crimes, kidnapping for offensive purposes, and child stealing
(the consent of a child to their detention or movement is not of importance because a child is incapable of giving valid consent)

Question 13

Rape

Answer 13

the intercourse must be without effective consent. Lack of effective consent exists where:
* Intercourse is accomplished by actual force
* Intercourse is accomplished by threats of great and immediate bodily harm
* The victim is incapable of consenting due to unconsciousness, intoxication, or mental condition; or
* The victim is fraudulently caused to believe that the act is not intercourse

Question 14

Statutory Rape

Answer 14

carnal knowledge of a person under the age of consent. Statutory rape is a strict liability crime

Question 15

Felony Murder

Answer 15

• killing committed during the course of the felony
• felony must be independent of the killing
• death must have been a foreseeable result of the felony