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CRIMINAL LAW
CRIMt law
15
Law
Graduate
05/29/2011

Additional Law Flashcards

 


 

Cards

Term
Battery
Definition

Battery is the unlawful application of force to the person of another resulting in either bodily injury or an offensive touching; simple battery is a misdemeanor

  • need not be intentional (no intent required);
  • aggregated (defined by statute) batteries are felonies:
  • 1) a deadly weapon
  • 2) seriously bodily injury is caused; or
  • 3) victim is a child, woman, or police officer

Term
Aggrevated Battery
Definition
Battery (an unauthorized offensive touching; or unlawful application of force to the person of another) with the use of a deadly weapon, causing seriously bodily injury or when the victim is a child, woman, or police officer.
Term
Assault
Definition

In a majority of jurisdictions, it is either:

1) an attempt to commit a battery; or

2) the intentional creation--other than mere words--of a reasonable apprehension in the mind of victim of imminent bodily harm.

 

A minority of jurisdictions limit assault to an attempt to commit a battery; simple assault is a misdemeanor.

Term
Battery Defenses
Definition

Consent--recognized as a defense in some jurisdictions--medical operation, reasonable injuries incurred in consensual athletic contests.

 

Term
Minority view definition of assault
Definition

An unlawful attempt to commit a battery coupld with a present ability to succeed; lack of ability to succeed precludes liabiity under these statutes.

Term
A points an unloaded gun at B.  A pulls the trigger, thereby frightening B.  Is A guilty of assault under a statute defining assault as "an attempt to commit a battery, coupled with present ability to succeed"?
Definition
No.  Because the gun was unloaded, A could not have succeeded in committing a battery.
Term
Statutory Aggravated Assault
Definition

Assault (an attempt to commit a battery; or the intentional creation--other than mere words--of a reasonable apprehension in the mind of the victim of imminent bodily harm);

  • 1) with a dangerous (deadly) weapon; 2) with intent to rape, maim, or murder.

Term
Mayhem
Definition

At common law, the felony of mayhem required either dismemberment or disablement of a bodily part.

  • Modern trend (statutes) abolish it as a separate offense and treat it instead as a form of aggravated battery; 
  • a few states require a specific intent to maim or disfigure.

Term
Homicide (common law divisions)
Definition

At common law, divided into three classifications:

  • Justifiable homicides (those commanded or authorized by law);
  • Excusable homicides (those for which there was a defense or crim liability); and
  • Criminal homicides.

Term
3 Criminal Homicides (common law)
Definition

a. Murder - unlawful killing of another human with malice aforethought;

b. Voluntary Manslaughter - a killing that would otherwise be murder but is distinguishable from murder by existence of adequate provocation--i.e., a killing in the heat of passion.

 

c. Involuntary Manslaughter: 2 types

1) Criminal Negligence (ith greater deviation from reasonable person std than required for civ liability)

2) "Unlawful Act" Manslaughter

Term
2 types of "Unlawful Act" Manslaughter
Definition

a) Misdemeanor-Manslaughter Rule: A killing in the course of the commission of a misdemeanor (almost all courts would require the misdemeanor be malum in se)

b) Felonies Not Included in Felony Murder - if killing was caused during the commission of a felony but does not quaity as a felony murder case, the killing will be involuntary manslaughter.

  • the death must be a foreseeable consequence of the felony.

Term
Murder under degree classification
Definition

Modern statutes often divide murder into degrees;

all murders are second degree murders unless the prosecution proves any of the following: would make it first degree.

 

  • a) Deliberate (made in a cool and dispassionate manner) and Premeditated (D actually reflected on the idea, even if only for a brief moment) Killing
  • b) First Degree Felony Murder: many states list specific felonies that may serve as the basis for felony murder.
  • c) Others: some statutes make killings performed in certain ways first degree murder--by lying in wait, poison, or torture, etc.

 

Term
First Degree Felony Murder (statutory) and prosecution burden
Definition

If a killing is committed during the commission of one the statutory enumerated felonies, the killing is usually first degree murder w/o the prosecution needing to show that it was deliberate or premediated (relieves the prosecutory burden).

  • most common felonies listed are: burglary, arson, rape, robbery, and kidnapping;
  • Other felonies (inherently dangerous to human life) are often speifically added.

Term
Malice aforethought
Definition

Malice can be express or implied.

 

  • In the absence of facts excusing the homicide or reducing it to voluntary manslaughter malice aforethought exists if the D has any of the following states of mind:
  • i) intent to kill (express malice);
  • ii) intent to inflict great bodily injury;
  • iii) Reckless indifference to an unjustifiably high risk to human life ("abandoned and malignant heart")
  • iv) intent to commit a felony;

 

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