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Flashcards in Page 21 Deck (50):
0

How are heinous murders treated?

Not a Majority rule, but murders that result from egregious actions are almost always 1st°

1

Examples of heinous murders that result from egregious actions:

Lying in wait, torture, bombs, terrorism, murder for pay, poison

2

What is second-degree murder?

The reckless and knowing killing of another (intent to kill without malice). Aka - All other murders that aren't 1st°

3

What is serious bodily injury murder?

One who intends to do serious bodily injury short of death, but that actually succeeded in killing, is guilty of murder despite his lack of intent to kill

4

In order to have Serious bodily injury murder, the intended injury must be what?

Serious, not trivial, but it doesn't have to pose an immediate threat of death (can be loss of consciousness, or anything that requires medical treatment)

5

How is intent assumed in serious bodily injury murder?

By the defendant's conduct in light of the surrounding circumstances

6

Is omission to act murder?

The defendant has a duty to act, accompanied by an intent to kill/do serious bodily injury, and omits to act

7

Defendant doesn't warn the victim, that he has a duty to protect, because he wants him to be seriously injured, knowing it is substantially certain to occur, and the victim dies, what is the defendant guilty of?

Murder

8

Three different types of second-degree murder:

Serious bodily injury murder, omission to act murder, depraved heart murder

9

What are the physical harm crimes?

Battery, rape, mayhem, assault, false imprisonment, kidnapping

10

What is the main focus as far as testing goes for criminal law?

Homicide

11

As far as testing goes what is important to know about the physical harm crimes?

Which ones are general and which are specific intent as well as SL

12

What type of intent crime is battery?

General intent

13

Can a battery be committed by an omission to act?

Yes, if there was a duty and by an affirmative act

14

Mental states for battery:

Intentional, or reckless

15

If you intentionally rub your body on another, what crime have you committed?

Battery

16

If you deliberately neglect to care for your invalid grandfather who you have a duty to care for, and he gets bedsores, what crime have you committed?

Battery based on negligence, which is a deliberate breach of the duty to protect someone from foreseeable risks of harm

17

What are the elements of battery?

- Unlawful conduct
- intent
- force

18

What Does unlawful conduct mean for battery?

Act was without consent or privilege

19

Unlawful conduct for battery can be an act or what?

An omission to act when there is a duty to act

20

Does Transferred intent apply to battery?

Yes

21

What is intent for battery?

Intent to kill, injure, commit an unlawful act, or criminal negligence

22

The two different options for intent for battery?

A. Intent to injure
B. Criminal negligence

23

What is intent to injure for battery?

D Act/omits to act with intent to injure and legally causes an injury

24

When is intentional touching/injury justified?

Situations of necessity or emergency

25

Example of a time that intentional touching/injury would be justified?

If you pull a drowning swimmer out of the water by her hair

26

What is intent through criminal negligence for battery?

D has no intent to injure, but the negligence supplies the intent and there must be a high degree of risk

27

What Is the force required for battery?

Defendant inflicts bodily injury or causes an offensive touching of the victim

28

How can force for battery come through a third person or an object?

Defendant doesn't have to actually touch the victim

29

What are some examples of offensive touching for battery?

Kissing someone against their will or spitting on them

30

What are some ways that force can be indirectly applied for battery?

Whipping a horse that the defendant is riding, telling a blind man to keep walking when a cliff is straight ahead

31

Moderately, the crime of battery can be committed by what?

Recklessness, but not by mere negligence

32

Is there such thing as an attempted battery?

No, that would be assault

33

What is the MPC's definition of battery?

Injury that is done purposely, knowingly, or recklessly, but negligence counts if it is caused by a deadly weapon

34

MPC says that battery is limited to only what?

Physical injury and unwanted sexual advances go in another category

35

How does the MPC define assault?

To include both battery and assault

36

How can you have consent to battery?

Consented touching, medical treatment, sports injury

37

What is aggravated battery?

A felony that involves battery with intent to kill, rob, rape, etc.

38

What type of intent crime is aggravated battery?

Specific intent

39

Aggravated battery is often applied when what is involved?

Deadly weapon

40

What makes aggravated battery a higher degree of battery?

Serious Bodily injury is inflicted

41

Rape and mayhem are subsections of what?

Aggravated battery

42

What is the mental state for rape?

Recklessness

43

What is the common law definition of rape?

Unlawful sexual intercourse with a woman without her consent by force, fear, or fraud

44

What is the MPC definition of rape?

Purposely, Knowingly, or recklessly having sexual intercourse with a female that is either: less than 10, unconscious, compelled by force or threat of death/grievous bodily harm/extreme pain/kidnapping, or if defendant has intoxicated her

45

Rape is considered what kind of felony?

Inherently dangerous one

46

What Type of intent crime is rape?

General intent

47

Because rape is a general intent crime, that means that mistake of fact is not a defense unless....

Mistake was reasonable and in good faith given the circumstances

48

Example of a good-faith mistake that could be a mistake of fact defense to rape?

You get drunk and have sex with someone imagining they consented, as long as it was reasonable and a sober person would've made the same mistake, it can be a defense

49

What is the mnemonic to help remember personal harm crimes?

(FI)B MARK