crim law - crimes against the person.txt

  1. Homicide
    • killing of another person caused by defendant
    • 1) murder
    • 2) voluntary manslaughter
    • 3) involuntary manslaughter
  2. Murder
    Killing of another person with malice aforethought.
  3. What is Malice aforethought?
    • 1) intent to kill (can be first degree)
    • -----Use of a deadly weapon in a *deadly manner* is a presumption of intent to kill.
    • 2) intent to commit serious bodily injury (best is second degree murder)
    • 3) Depraved Heart Murder - (recklessness) indifference to a known, high risk of death, evidencing an abandoned and malignant heart
    • 4) felony murder rule - killing in the commission of, or the attempt to commit an inherently dangerous felony
  4. Felony Murder Rule
    • killing in the commission of, or the attempt to commit an inherently dangerous felony
    • 1) during the perpetration (from attempt until a place of temporary safety)
    • 2) inherently dangerous felonies: BAARK
    • -----Burglary, Arson, Rape, Robbery, Kidnapping
    • -----Minority states, also include non-dangerous felonies committed in a dangerous manner
    • 3) Felony must be independent from the act that caused death
    • 4) Proximate cause - felony must be a foreseeable result of hte felony
    • 5) Vicaroius Liability - no felony murder under majority rule if non-felon (victim or police) kills a felon
    • 6) Under agency theory, defendant not liable when innocent party killed unless death caused by defendant or his agent
  5. First degree murder
    • 1) must be statutory
    • 2) CL - premeditated, deliberate intent to kill
    • Premeditated: means D had time to think about killing the victim in his mind
    • Deliberate: means D acted in a calm, cool rational frame of mind [anger, drinking, drugs]
    • Intent: to kill/GBH, or intent to commit an inherently dangerous felony under felony murder rule
  6. Voluntary Manslaughter
    • an intentional murder can be mitigated to voluntary manslaughter. manslaughter is homicide without malice
    • 1) adequate provocation
    • 2) heat of passion - no cooling time
    • Note:
    • -----the provocation must cause both objective and subjective passion
    • -----objective passion: sudden and intense passion causing a reasonable person to lose control
    • -----subjective passion: D must in fact have been provoked
    • -----not enough time for a resaonable person to cool; D did not cool off.
  7. Involuntary Manslaughter
    • 1) intent to inflict slight bodily injury (typically no weapon)
    • 2) criminal negligence: gross deviation from the standard of care of a reasonable person
  8. Misdemeanor Manslaughter
    • killing while committing a malum in se misdemeanor (inherently wrongful)
    • inherently wrongful misdemeanors: battery, larceny, embezzlement, theft crimes, public intoxication, possession of drugs
    • no misdemeanor-manslaughter for malum prohibitum (wrongful only because of statute)
  9. Assault
    • 1) attempted battery, or
    • 2) intentional creation of a reasonable apprehension of imminent bodily harm
  10. Battery
    unlawful use of force causing a harmful or offensive contact of another
  11. Rape
    • 1) unlawful carnal knowledge of a woman by a man
    • 2) who is not her husband
    • 3) without her consent
  12. Kidnapping
    • unlawful confinement of a person that involves either
    • 1) some movement of the victim, or
    • 2) concealment of the victim in a secret place
  13. Mayhem
    dismemberment or disablement of a body part
Card Set
crim law - crimes against the person.txt
ca bar crim law crimes against person