Exam 2

Front 1

Homicide Definition

Back 1

-Killing of 1 human being by another

Front 2

Traditional Categories of Homicide

Back 2

-Justifiable

-Excusable

-Criminal

(Criminal homicides came to be divided at common law into categories of culpability)

Front 3

Criminal Homicide- Common Law/Traditional

Back 3

-Murder: unlawful killing of another with malice and aforethought

-Unlawful: not justifiable or excusable

-Malice Aforethought: intent to kill, intent to inflict great bodily harm, intent to commit felony

Front 4

Traditional Subcategories of Murder

Back 4

-1st Degree Murder: unlawful killing of another being with malice aforethought AND premeditation and deliberation or felony law

-Premeditation: Conscious pre-decision to commit the crime

-Deliberation: result of cool, calm consideration of alternatives

-Felony Murder: death occurring during perpetration of certain felonies

-2nd Degree Murder: all other murders that aren't first degree

Front 5

Manslaughter- Common Law/Traditional

Back 5

-Manslaughter: Unlawful killing WITHOUT MALICE AFORETHOUGHT

-Voluntary: unlawful killing committed in the heat of passion in response to adequate provocation

-Involuntary: misdemeanor manslaughter or killing resulting from criminal negligence

Front 6

Criminal Homicide- TPC

Back 6

-Murder

1). Intentionally/Knowing cause of death

2). Intent to cause serious bodily injury AND dangerous act that causes death

3) felony

-Capital Murder: intentionally/knowingly cause death AND aggravating factor

-Manslaughter: recklessly cause of death

-Criminally Negligent Homicide: cause death by criminal negligence

(In TEXAS, we do NOT have 1st and 2nd degree murder)

Front 7

Suicide

Back 7

-Felony at common law; common law punishments

-No longer a crime

-Crime of aiding suicide

Front 8

Assault and Kidnapping

Back 8

-Assault

1). Attempt to commit a battery

2). Intentional placing one in fear of immediate bodily harm

-Battery

1). Unlawful application of force to another.

Front 9

Assault- TPC

Back 9

1). Intentionally/knowing/recklessly cause bodily injury

2). Intentionally/Knowing threaten imminent bodily injury

3). Intentionally/Knowing engage in offensive provocative physical contact

Front 10

Bodily Injury Defintion

Back 10

"Bodily Injury" means physical pain, illness or any impairment of physical condition

MOST SERIOUS FORM? use of a weapon

Front 11

Aggravated Version of Assault.

2 Most common forms

Back 11

-Deadly Weapon

-Serious bodily injury- injury that creates a substantial risk of death or causes death, serious permanent disfigurement.

Front 12

Kidnapping

Back 12

-Common Law: forcible abduction of person from his own country and sending him to another

-Contemporary Statutes: generally include nonconsensual confinement and/or movement of person from 1 place to another.

-Federal: includes 3 common federal elements:

1). interstate aspects

2). federal lands

3). "federal" victims

Front 13

Kidnapping- TPC

Back 13

-Restrain: nonconsensual confinement or movement from place to place

-Abduct: restrain with intent to prevent liberation by "hiding" victim or use/threat of deadly force

-Offenses: unlawful restraint, kidnapping, aggravated kidnapping

Front 14

Rape

Back 14

-Common law rape: unlawful sexual intercourse with a female without consent

-Obstacles to prosecution:

1). absence of immediate complaint

2). required corroboration (injury/witness)

3). admissibility of past sexual conduct/reputation

-"outward" resistance required unless victim incapable of understanding the nature of the act or fraud in the nature of act (factum) vs. fraud in the inducement. (suliveres case)

Front 15

Trends in rape law reform

Back 15

-make the crime gender neutral (liberta)

-expand the range of prohibited sexual conduct

- prohibit spousal sexual assualt (libterta)

- enact rape shield laws (bixler)

Front 16

Sexual Assault- TPC

Back 16

-nonconsensual prohibited sexual conduct. Lack of consent includes use of force, threats, misuse of position of power, victim incapable of consent

or

-prohibited sexual conduct with victim too young to consent (under 17) *statutory sexual assault, w/affirmative defense if victim is at least 14 & offender is not more than 3 years older

Front 17

Aggravated Sexual Assault-TPC

Back 17

-aggravating factors: serious bodily injury, threats of serious injury/death, use of deadly weapon, "gang" rape, use of identified drugs

-vulnerable victims: under 14, elderly, disabled

-super aggravating factors: victim under 6, gang rape, under 14 w/ violent act, use of drug

-enhanced punishment: minimum 25 year sen, no parole.

-capital felony for repeat offenders

Front 18

Shield Law- TEXAS

Back 18

-rule of evidence

Front 19

Sodomy

Back 19

-common law: included oral/anal intercourse, sex w/animal or corpse, "crime against nature"

Front 20

Public Lewdness

Back 20

elements of offense, nature of injury

Front 21

Indencent exposure

Back 21

elements of offense, nature of injury