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75 Cards in this Set
- Front
- Back
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What are the elements of Battery |
Actus Reus - Any harmful or offensive touching
Mens Rea - Intentional, reckless or criminally negligent
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Is Battery an General or Specific intent crime |
General |
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What are the two definitions of Assault |
1- Attempted Battery
2- Threat - Intentional act which creates a reasonable apprehension of imminent bodily harm |
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Is assault a general or specific intent crime |
It can be either
Attempted Battery - Specific
As a Threat - General |
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Could words alone be enough for assault |
No. Must be accompanied by some overt gesture (Act) |
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What is the common law Mayhem |
Intentionally harms in such a way as to Maim or permanently disables the victim. |
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What is the modern Mayhem |
Aggravated assault or battery |
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Which three persons, if battered, would be aggravated battery |
Child Woman Police Officer |
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Besides battery to one of the three persons, what are the two additional aggravators of battery |
Deadly Weapon
Serious bodily injury
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Homicide Generally |
Unlawful Killing of another person |
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Two types of homicide |
Murder Manslaughter |
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Two types of murder |
First degree Second degree |
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Murder generally |
Unlawful killing Of another human being with Malice Aforethought
Act, Causation (both) |
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What is required for First Degree Murder |
statute |
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What does the typical first degree murder statute consist of |
Intentional Deliberate Premeditated Killing |
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How is premeditation and deliberateness proved for first degree murder |
Time to Reflect |
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Is there a specific amount of time for reflection required for first degree murder |
No. Just needs to be sufficient for the accused to be fully conscious of of her intent |
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Would a moments reflection upon the killing be enough for first degree murder |
Yes |
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Is the reflection involved in the mere formation of the intent to kill enough to show deliberation and premeditation |
No |
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Would emotional or mental incapacity be a defense to first degree murder |
Yes, so long as it prevented calm calculation |
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Is the brutality of the killing relevant to premeditation and deliberation |
Not by itself |
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If there is no statute what type of murder is involved |
General, 2nd degree, common law |
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Is murder 2nd degree general or specific intent |
General. the Specific intent to kill is not required however the act which caused the killing must have been intentional and have Malice Aforethought |
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What are the four indicators of Malice Aforethough |
Intent to Kill or Intent to commit great bodily harm or Depraved Heart or Felony Murder |
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How could intent to kill, and therefore Malice Aforethought, be inferred |
Deadly Weapon Doctrine - Intentional use of a deadly weapon |
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Waht are the three ways Depraved Heart could be indicated |
Wanton & Wilful Disregard for Human Life
Awareness of unjustifiably high risk to human life
High risk of death devoid of social utility |
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Is depraved heart subjective or objective |
subjective |
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What is Felony Murder |
A killing that occurs during the commission of an underlying felony that is inherantly dangerous |
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How is the intent to kill inferred for felony murder |
from the intent to commit the underlying felony |
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How is the required Malice inferred in felony murder |
from the inherently dangerous nature of the underlying felony and the intent to commit that felony |
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In felony murder, do the deaths have to be reasonably foreseen |
yes |
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What happens if a death occurs in the course of an inherently dangerous felony but after the defendant reached a point of temporary safety |
Could not be used as a basis for felony murder |
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If a defendant has a defense for the underlying felony could they be guilty of felony murder |
No |
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Could a murder be the underlying felony and the felony murder |
No |
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What does reasonably foreseeable mean |
natural and probable consequence of the act |
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What are the two requirements for a co-felon to be held liable for the killing of another co-felon |
In furtherance of the felony
Reasonably foreseeable |
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Could a killing committed after the termination of the felony be the bases for felony murder |
No. |
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When does the felony terminate |
When the felon reaches a place of temporary safety |
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Could a co-felon be liable for felony murder if the killing is of a co-felon by police or a third party |
No. |
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Could the killing of an innocent party by police or by the victim of the felony be the basis for felony murder |
Yes but only if the defendant or an accomplice caused the death by initiating the chain of events |
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Could a defendant be sentenced to death for felony murder |
Not if they did not take a life, attempted to take a life, or intended to take a life |
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What are the two types of Manslaughter |
Voluntary Involuntary
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What is voluntary manslaughter |
Intentional killing with one of three mitigators |
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What are the three mitigators that would allow for manslaughter |
Adequate Provocation Imperfect Self Defense Diminished Capacity |
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What are the four required elements of Adequate Provocation |
Provocation by the victim Reasonable sudden intense passion No reasonable time to cool off Defendant did not cool off |
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Are insulting words enough for adequate provocation |
Never |
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Are Descriptive words enough for provocation |
They could be |
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What is the imperfect self defense doctrine |
Deadly self defense in good faith but with unreasonable mistake of fact |
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Is Diminished Capacity a universal mitigator for manslaughter |
No. Only some jurisdictions. |
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Is voluntary intoxication enough for diminished capacity |
No |
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What is involuntary manslaughter |
Unintentional killing and either criminal negligence or Misdemeanor murder |
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What constitutes criminal negligence |
More than tort negligence but less than depraved heart |
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Does the defendant need to be aware of the high degree of risk to human life for criminal negligence |
No |
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What is a misdemeanor manslaughter |
An unintentional killing that takes place during the commission of a misdemeanor or an un-enumerated felony |
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Does the killing need to be foreseeable for misdemeanor murder |
only if the misdemeanor is NOT inherently wrong |
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What is an un-enumerated felony |
a felony not listed in the felony murder statute |
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What are the two types of sex offenced |
Rape Statutory Rape |
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What is the definition of Rape |
sexual intercource without the victim's consent by force or threat of force |
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Does anal penetration count as sexual intercource |
Common Law - No MPC - Yes |
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How much penetration is required for sexual intercourse |
Only the slightest amount if without consent |
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Is rape general or specific intent |
general |
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is unreasonable mistake of fact a defense to rape |
No |
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What two situations automatically invalidate a consent defense to rape |
Incapacitation Fraud in the essence
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What does fraud in the essence mean as far as rape is concerned |
Fraud that goes to the essence of the act. If, due to fraud, the victim does not realize she is having sexual intercourse. |
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Is Marriage a defense to rape |
Common Law - yes Modern Law - Either No or no if estranged/seperated |
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Is sexual intercourse without the victim's consent but with no force or threat of force enough for rape |
No |
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What is statutory rape |
sexual intercourse with a person under the statutory age of consent |
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Is consent or mistake of fact a defense to statutory rape |
No. it is a strict liability crime |
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What is false imprisonment |
Unlawful confinement of a person |
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What is lawful confinement |
Authorized by law or valid consent |
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What is valid consent in the context of false imprisonment |
freely given by a person with capacity |
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What is confinement in the context of false imprisonment |
force compelling the victim to go to a place he does not wish to go or to remain in a place he does not whis to remain |
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Is preventing a person from going where they wish to go enough for false imprisonment |
Only of there are no alternative routes available to the victim |
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What is Kidnapping |
False imprisonment involving movement of the person or concealment in an undisclosed location |
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Is any movement sufficient for Kidnapping |
No, it cannot be incidental to another offense and the MPC requires it to be a substantial distance |
