Crimes Against The Person

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Crimes Against the Person - Homicide

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Definied as the killing of another human being caused by another human being.

Criminal homicide is the unlawful killing of one human being by another.

Killing is unlawful if:

• It is without legal justification or excuse (no valid defense);
• Committed as a result of a criminal state of mind (criminal mens rea).

So, criminal homicide = defendant is the legal cause of the death of another human being + criminal state of mind + without legal excuse or justification.

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Crimes Against the Person - Murder

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The unlawful killing of a human being with malice.

NOTE: ANY KILLING WITH MALICE MUST BE MURDER.

Actus Reus - the criminal act or omission that causes the death of a human being.

• At common law, death of a human being required that the victim had been "born alive". States may extend criminal liability to include a fetus after the first trimester.
• The death must be caused by: someone other than the victim. SUICIDE IS NOT HOMICIDE.
• In situations where a victim is already dying, speeding up the inevitable death is considered causing the death of a human being.

NOTE: Assistance in suicide cannot result in accomplice liability for murder. Engaging in reckless conduct that proximately causes someone else to take their life will result in homicide liability.

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Crimes Against the Person - Murder Cont.

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At common law, if the victim died more than one year and one day after the defendant's act that was the cause in fact of death: the law treated the death as unforeseeable and not attributable to the defendant.

• Most states have eliminated this rule or have extended the period within which the defendant is held legally responsible.

A defendant can still be liable for the death of a person that they did not personally kill through the following theories:

• Accomplice: defendant is guilty for killings caused by another when he is an accomplice.
• Conspiracy: co-conspirators are liable for any foreseeable killing in furtherance of the conspiracy.
• Substantial Factor: when two or more parties each cause an act sufficient to cause death, any action can be held responsible if proximate cause is proved.
• Co-felon Liability: In felony-murder, all co-felons are normally responsible for the killing.

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Crimes Against the Person - Murder Cont.

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Malice is established by proof of:

• Intent to kill,
• Intent to inflict grievous bodily harm; or
• An unintended killing resulting from extreme risk creation that manifests a wanton disregard for human life.

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Crimes Against the Person - Murder - Intent to Kill

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The purpose to kill another human being or knows with substantial certainty that he will kill another human being.

• Deadly weapons doctrine: intent to kill is normally inferred from defendant's use of an instrument designed to kill or used in a manner likely to kill or inflict grievous bodily harm.

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Crimes Against the Person - Murder - Intent to Cause Serious Bodily Harm

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Generates express malice, even if the defendant did not intend to kill.

Serious Bodily Injury = significant but non-fatal injury. This can arise from a conscious desire or substantial certainty that the defendant's actions will result in the victim's injury.

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Crimes Against the Person - Murder - Depraved Heart Murder

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Malice is implied where the defendant causes death as a result of extreme reisk creation that manifests a wanton disregard for human life.

Depraved heart murder is an unintentional killing resulting from:

• Reckless or grossly negligent conduct that;
• Creates a high risk scenario that
• Demonstrates a defendant's wanton disregard for the lives of other human beings.

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Crimes Against the Person - Murder - Felony Murder

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Malice is automatically established by causing a death during the commission of the "right type" of felony.

Elements:

• Unintentional Killing
• Proximate Cuase
• During the attempt, commission, or immediate flight
• Of the right type of felony: enumerated or inherently dangerous.

Limitations:

• To be right "right type of felony, the felony must be either listed in the murder statute, or be both independent of the killing, AND inherently dangerous.
• A majority of the states require the killing to be collateral (independent of the felony).
• An inherently dangerous felony, is where the inevitable secondary effect of the felony is serious risk to human life.

Majority of States = an abstract test, which requires the felony to be dangerous in ALL contexts.

Minority of States = a context test, which condiers the manner of commission in determining inherent dangerousness.

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Crimes Against the Person - Murder - Felony Murder Cont.

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Examples of the "right type" of felonies:

• Bulgrary
• Arson
• Rape
• Robbery
• Kidnapping

The right connection with the felony requires that the resulting death be a foreseeable outgrowth of the felony. Most deaths are considered foreseeable for the purposes of felony murder.

The right time requirement says that the death must occur as the injuries inflicted during the attempt, commission, or immediate flight from the felony.

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Crimes Against the Person - Murder - Felony Murder Cont.

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For the purposes of felony-murder, the felony starts when the defendants can be convicted for attempting the felony, no require that they complete the felony.

The felony is deemed to have terminated, when the felon has reached a place of initial safety.

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Crimes Against the Person - Murder - Felony Murder - Co-Felon Liability - Majority Rule

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When a victim is killed at the hand of one of the felons or another person, co-felon felony murder liablity for that killing will vary depending on the jurisdiction.

Majority Rule:

• Felony liability is limited to killings produced by the hand of one of the co-felons (Agency Rule).

This rule exempts from felony murder liability for all killings committed at the hand of non-felons.

However, some majority jurisdictions will still apply felony murder liability when a non-felon kills another non-felon.

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Crimes Against the Person - Murder - Felony Murder - Co-Felon Liability - Original Common Law

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Broadest application of co-felon liability:

• All felons were liable for any homicide that occurred during the perpetration of the felony.
• Any death proximately caused by the felony was attributed to all felons.

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Crimes Against the Person - Murder - Felony Murder - Co-Felon Liability - Exceptions

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Non-Violent Felon: A minority of common law jurisdictions exempt from felony murder liability a non-violent co-felon.

• Look for the felon not being armed, not participating or having knowledge of the co-felon's intentions.

Deserving Victim Exception: A minority of common law jurisdictions exempt felony murder liability a killing of a co-felon.

Redline Limitation: A limited form of the agency doctrine, applied by many common law jurisdictions. This exempts felony murder liability killings at the hand of a non-felon when the killing has a justifiable or excusable homicide on the theory that there is no unlawful killing to attribute to the felons.

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Crimes Against the Person - Murder - Murder by Degrees

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NOTE: All murders require proof of malice. Look for an additional ingredient in determining first or second degree murder.

Types of Murder:

• First degree murder
• Second degree murder

Other forms of homicide:

• Voluntary Manslaughter
• Involuntary Manslaughter
• Misdemeanor Manslaughter

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Crimes Against the Person - Murder - First Degree Murder

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The most egrigeous category of murder.

Formula for First Degree Murder:

Malice + Premeditation and Deliberation.

NOTE: The only intent to kill malice sufficient as a base element for 1st degree murder is purpose to kill.

NOTE: Deliberation requires proof beyond a reasonable doubt that the defendant made a deliberate decision to kill, not just a deliberate decision to hurt someone.

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Crimes Against the Person - Murder - First Degree Murder Cont.

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Premeditation:

• Refers to the quantify of thought.
• Defendant must think about the decision to kill.
• Common law = immediately
• Modern law = brief moment of reflection

Deliberate:

• Refers to the quality of thought.
• Defendant must make a rational decision to kill.
• Voluntary intoxication or diminished capacity might negate this.

NOTE: If the murderer does any reflection or premeditation, even if the reflection is cursory and brief, they may be guilty of first-degree murder.

Examples where second degree murder is elevated to first degree murder:

• Felony murder
• Terrorism
• Poison
• Lying in Wait
• Murder of a Specially Defined Victim (example: children or a law enforcement officer).

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Crimes Against the Person - Murder - Second Degree Murder

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Defined as any unlawful killing with malice but without the requisite additional elemnt to prove first-degree murder.

NOTE: In jurisdictions that define 1st degree murder as only murder with premeditation and deliberation, any murder committed without purpose to kill must be 2nd degree murder.

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Crimes Against the Person - Voluntary Manslaughter

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Defined as the intentional killing committed during a sudden heat of passion by a provocation.

Adequate Provocation: to trigger a "sudden heat of passion", defendant must be adequately provoked. This is measured objectively: a provocation that would lead a reasonable or ordinary person to fly into a sudden homicidal rage.

Where adequate provocation is generally found:

• Where a person is the victim of a serious battery or threat of deadly force.
• Where the person found their spouse engaged in sexual conduct with another person.
• Where the person observes the serious physical injury of a close family member.

MERE WORDS ARE NOT ENOUGH

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Crimes Against the Person - Voluntary Manslaughter Cont.

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A causal connection must exist between the provocation and the killing. The intent to kill must rise from the provocation.

The killing must occur while the rage is hot. Time elapsing that would give a reasonable person the ability to cool off will negate the sudden heat of passion. If the person cools off, despite the fact that a reasonable persom wouldn't have, it will be classifed as murder.

Other mitigating circumstances:

• A minority of jurisdictions allow a mental disease short of insanity to eliminate malice, resulting in a voluntary manslaughter conviction.
• An honest but unreasonable judgment of homicidal necessity drops the intentional killing from murder to manslaughter.

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Crimes Against the Person - Involuntary Manslaughter

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Defined as in unintentional killing resulting from unjustified risk creation, recklessness, or gross negligence that is not extreme enough to imply malice.

Elements:

• Defendant was aware of risk but ignored it (recklessness)
• Defendant was unaware of the risk but should have been aware (negligent)
• The degree of that risk, however, has no precise, objective measure. It is more than mere ordinary negligence.

Examples:

• Mishandling of a loaded weapon
• Dangerous operation of a motor vehicle ,including driving while intoxicated.
• Shaking a baby so violently that it causes death.

Note: Where the defendant did not intend to kill or expect his conduct would cause death, but causes death as a result of an unjustified risk creaton, the crime will normally be manslaughter.

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Crimes Against the Person - Misdemeanor Manslaughter

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An unintentional killing that occurs durign the commission or attempted commission of a misdemeanor, which is malum in se (evil in and of itself); OR

A felony which is not of the inherently dangerous type required for felony-murder is classified as involuntary manslaughter under the misdemeanor-manslaughter rule.

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Crimes Against the Person - Assault and Battery

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Were common law misdemeanors. However, under modern law they have been upgraded to felonies.

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Crimes Against the Person - Battery

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Defined as the intentional, reckless, or ciminally negligent, unlawful application of force to the victim.

Elements:

• Defendant unlawfully applies force to the victim, including setting a force in motion.
• Required criminal mens rea
• With no justification or excuse.

Circumstances in which simple (misdemeanor) battery can be upgraded to an aggravated battery:

• Causing serious bodily injury
• Use of a deadly weapon
• Battering a specially protected victim (cop or child)

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Crimes Against the Person - Battery - Defenses

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Valid consent is always a defense to simple battey but not breach of the peace.

Self defense and defense of others if the force is proportional.

Crime prevention with proportional force.

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Crimes Against the Person - Assault

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Defined as an incomplete battery.

Two types of assault:

• Failed battery assault
• Fear or apprehension assault

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Crimes Against the Person - Assault - Failed Battery Assault

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Proof that the defendant intended to commit a battery but failed.

So long as the defendant intended to commit the battery, it is no defense that the victim was not aware of the assault OR that the defendant was not presently able to commit the battery.

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Crimes Against the Person - Assault - Fear or Apprehension Assault

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Where the defendant puts the victim in fear of an imminent battery without the intent to consummate it.

The defendant has to act with threatening conduct intended to cause reasonable apprehension of imminent harm in the victim.

Conditional threats are generally insufficient, unless accompanied by an overt act to accomplish the threat.

Mere words are insufficient.

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Crimes Against the Person - Assault - Fear or Apprehension Assault Cont.

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NOTE: If the defendant never intended to actually consummate the battery, the assault must be proved by the fear theory, which requires the victim to be aware of the threatened battery.

Reasonable Apprehension:

• When a reasonable person would not expect imminent bodily harm, there is no criminal assault.
• Apprehension means "expectation" more than "fear". The victim does not have to be afraid, but rather to simply (and reasonably) anticipate or expect that the defendant's acts will result in immediate bodily harm.

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Crimes Against the Person - Assault - Fear or Apprehension Assault Cont.

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NOTE: For "fear of battery assault", the fear or apprehension is a key element, so to prove under this theory the victim must be aware of the threat or harm.

Any threatened contact, including one that is offensive or insulting, is sufficient.

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Crimes Against the Person - Assault - Upgrading Assaults

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A simple assault may rise to the level of an aggravated felony assault under certain circumstances. These circumstances include:

• The defendant commits an assault with a dangerous weapon.
• The defendant acts with the intent to rape or murder the victim; or
• The victim is specially protected by the statute.

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Crimes Against the Person - Mayhem

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At common law, mayhem required an intent to maime or do bodily inbjury accompanied by an act that either:

• Dismembered the victim.
• Disabled the use of a part needed for fighting.

Under modern law, statutes have expanded the scope of mayhmen to include permanent disfigurement.

In jurisdictions that do not retain the crime of mayhem, this offense will normally qualify as an aggravated battery.

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Crimes Against the Person - False Imprisionment

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Defined as the confinement of one person by another where:

• The confinement is intentional and against the law.
• The victim must be fully confined. Blocking one exit while leaving another open is not false imprisionment.
• If the defendant is privileged to confine the victim, such as a police officer or private citizen making a valid citizen's arrest, no false imprisonment is committed.

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Crimes Against the Person - Kidnapping

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Common law elements:

• An unlawful
• Restraint of a person's liberty
• By force or show of force
• So as to send the victim into another country.

Under modern law, it usually suffices that: the victim is taken to another location or concealed.

Majority of jurisdictions require some movement of the victim (asportation). If the victim is restrained but is not moved to some other location, it is not kidnapping.

Minority of jurisdictions, unlawful restraint alone can prove kidnapping.

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Crimes Against the Person - Rape at Common Law

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Defined under common law as the carnal knowledge of a woman, not the wife of the accused, against her will, and by force or threat of force.

Common Law Elements:

• Carnal knowledge (i.e. vaginal sexual penetration of the victim by the defendant).
• Against the victim's will
• By force or threat of force

At common law, a man could not rape his wife. This no longer applies in any state.

At common law, a man could not rape a man. This has been modified in many states to include a broader definition of rape to include situaitons like this.

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Crimes Against the Person - Rape at Common Law Cont.

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Force or threat of force was required at common law. If there was no proof of force with a nexus to the victim's submission, the proof failed to establish sexula intercourse against the victim's will, even if the victim said "no"!

In order to prove requisite lack of consent, the victim had to either resist "to the best of her ability", or explain the lack of resistance because of the threat of force used by the defendant.

Mistake of fact in regards to consent was almost never a defense,

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Crimes Against the Person - Rape Under Modern Law

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The force of sexual penetratino is sufficient to satisfy the force element of rape.

If the jury determines that a reasonable person in defendant's situation should have known that the victim did not consent, the defendant is guilty of rape.

Modern trend states that mistake of fact can be a defense because there is no requirement ot prove extrinsic force.

• However: mistake must be honest and reasonable.

Consent is determined objectively from observable circumstances. A victim's subjective lack of consent will not suffice if the objective circumstances suggest the defendant was unaware of the victim's lack of consent.

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Crimes Against the Person - Rape Under Modern Law - Other Thoughts

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Other non-consensual sexual contact:

• Generally covered under separate crimes, such as sodomy , sexual assault, indecent acts, etc.

Statutory Rape:

• Where a female is under the statutorily prescribed age of consent (usually 16): intercourse consituties rape. Alleged consent is entirely irrelevant, as a child cannot consent.

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Crimes Against the Person - Other Crimes

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Bigamy: the crime of marriage by one individual to more than one person.

• A strict liability offense, no mens rea is required.
• It is no defense that the defendant did not know about the other marriage.

Incest: the crime of sexual relations between individuals who are closely related to one another. The degree of relationship varies by state.