Criminal Law (Nc) - Crimes Against The Person

Front 1

What is common law battery?

Back 1

- the unlawful
- application of force to another
- resulting in either: 1) bodily injury OR 2) offensive touching
It is a general intent crime

Front 2

What is common attempted battery?

Back 2

Assault
a swing and a miss

Front 3

what is assault?

Back 3

the intentional creation
other than by mere words
of a reasonable apprehesion in the mind of the victim
of imminent bodily harm
Specific Intent

Front 4

What is assault with a deadly weapon in NC?

Back 4

any person who assaults another person with a deadly weapon:
- with intent to kill OR
- inflicting serious injury

Front 5

NC, Assault by pointing a gun

Back 5

a person who points a gun at an person is guilty of assault in NC

Front 6

What is homicide?

Back 6

Common Law Murder
DAM
Causing the death
of another person
with malice aforethought
(malice crime)

Front 7

When must a death occur in NC under homicide?

Back 7

death can occur at any time

Front 8

When must death occur under homicide under the common law?

Back 8

within a year and a day of the homicide act

Front 9

What is malice aforethought?

Back 9

1) intent to kill (express malice)
2) intent to inflict serious bodily harm
3) Extreme recklessness, meaning reckless indifference to human life
4) Intentional commission of an inherently dangerous crime (felony murder)

Front 10

What is the deadly weapon rule?

Back 10

the intentional use of a deadly weapon creates an inference of an intent to kill

Front 11

What is transferred intent?

Back 11

if a defendant intends to harm one victim, but accidently harms another, the defendant's intent will transfer from the intended victim to the actual victim
- does not apply to attempts, only to completed crimes

Front 12

What is first degree murder in NC?

Back 12

any killing committed with Pre-meditation and deliberation

Front 13

what is pre-meditation?

Back 13

D thought about it ahead of time

Front 14

What is deliberation?

Back 14

D was cool, calm and collected
There must be a specifc intent to kill

Front 15

What is first degree murder in NC?

Back 15

any killing perpetrated by means of
- poison or
- torture or
- a weapon of mass destruction

Front 16

What is first degre murder in NC?

Back 16

Felony Murder

Front 17

What is felony murder?

Back 17

Any killing caused during the commission of or attempt to commit a felony

Front 18

What are the requirements of the felony murder doctrine in NC?

Back 18

- independent proof of the felony is not necessary when the D has confessed to the murder and there are sufficent facts to support the existence of the felony
- applies to any felony in NC what is committed or attempted with a deadly weapon
- merger rule - felony must be independent of the killing
- Res Gestae principle - killing must take place during the felony or during immediate flight from the felony. (Once the felons reach a place of temporary safety) the felony ends
- the death must be foreseeable
- the victim must not be a co-felon

Front 19

What is the agency theory?

Back 19

the felony murder doctrine applies only if the killing is committed by one of the co-felons

Front 20

Is the defedant liable for the death of a co-felon under felony murder doctrine?

Back 20

No. Not if killed by the police or the victim

Front 21

What is second degree murder in NC?

Back 21

unlawful killing of a human being with malice but without premeditation and deliberation

Front 22

What is voluntary manslaughter in NC?

Back 22

a killing committed intentionally
in the heat of passion
upon adequate provocation

Front 23

What are the requirements for voluntary manslaughter?

Back 23

1) the provocation must be objectionably adequate, which means is would arouse a sudden and intense passion in the mind of a reasonable person.
2) the D was actually provoked (subjective)
3) D did not have time to cool off
4) D did not actually cool off between the provocation and the killing

Front 24

What are examples of adeuate provication in NC?

Back 24

1) serious assault or battery
2) presently witnessed adultery
3) unlawful restraint
Words alone are not enough

Front 25

What is involuntary manslaughter?

Back 25

1) a killing committed during the commission of a crime to which the felony murder doctrine does not apply
2) an unintentional killing committed with criminal negligence (gross deviation from a reasonable standard of care)

Front 26

What is false imprisonment?

Back 26

- the unlawful
- confinement of a person
- without his or her consent
General intent crime

Front 27

What is kidnapping?

Back 27

- false imprisonment
- that involves either moving the victim or concealing the victim in a secret place
General intent crime

Front 28

What is kidnapping in NC?

Back 28

Confinement
Restraint
Removal of an individual for the purpose of:
1) collecting ransom
2) using the victim as a hostage or shield
3) facilitating the commission of, or flight from, a felony
4) inflicting serious bodily harm
5) holding the victim in involuntary servitude

Specific Intent Crime

Front 29

What is forcible rape?

Back 29

Sexual intercourse
without the victim's consent
accomplished by:
- force
- threat of force
- when the victim is unconscious
General Intent Crime

Front 30

What is statutory rape?

Back 30

Sexual intercourse
with someone under the age of consent (NC under age of 13 and D is older than 12 and 4 or more years older than the victim)
First degree rape in NC
In NC this is a strict liability crime