👨‍⚖️Criminal Law Unit 4 – Crimes against persons

Key Concepts and Definitions

• Actus reus refers to the guilty act or criminal conduct that comprises the physical elements of a crime
• Mens rea encompasses the mental state or guilty mind required for criminal liability, such as intent, knowledge, or recklessness
• Causation establishes the link between the defendant's actions and the resulting harm or injury to the victim
  • Factual causation determines whether the defendant's conduct was a cause-in-fact of the result
  • Legal causation assesses whether the defendant should be held legally responsible for the consequences
• Concurrence requires that the actus reus and mens rea coincide temporally
• Transferred intent applies when the defendant intends to harm one person but inadvertently harms another, transferring the criminal intent to the unintended victim
• Attempt consists of the defendant taking substantial steps towards committing a crime with the requisite intent, even if the crime is not completed
• Solicitation involves encouraging, requesting, or commanding another person to commit a crime

Types of Crimes Against Persons

• Homicide encompasses the unlawful killing of another human being and includes murder, manslaughter, and negligent homicide
  • Murder is the intentional killing of another person with malice aforethought
  • Manslaughter is an unlawful killing without malice, often categorized as voluntary (heat of passion) or involuntary (criminal negligence)
• Assault is an intentional act that creates an apprehension of imminent harmful or offensive contact in the victim
• Battery is the intentional and unlawful application of force to another person, resulting in harmful or offensive contact
• Kidnapping involves the unlawful confinement and movement of a person against their will, often with the intent to harm or exploit the victim
• False imprisonment is the unlawful restraint of a person's freedom of movement without legal justification
• Stalking is a pattern of conduct that causes fear or emotional distress in the victim, such as following, harassing, or threatening behavior
• Domestic violence encompasses various crimes committed against intimate partners or family members, including assault, battery, and harassment

Elements of Specific Offenses

• First-degree murder requires premeditation and deliberation, demonstrating a cool and reflective state of mind before the killing
• Second-degree murder is an intentional killing without premeditation, often resulting from a sudden quarrel or heat of passion
• Felony murder holds defendants liable for murder if a death occurs during the commission of a dangerous felony, even if unintended
• Voluntary manslaughter is an intentional killing committed under the heat of passion or provocation that would cause a reasonable person to lose self-control
• Involuntary manslaughter is an unintentional killing resulting from criminally negligent or reckless conduct
• Aggravated assault involves an assault with a deadly weapon, causing serious bodily injury, or with the intent to commit a felony
• Simple assault is an unlawful attempt or threat to inflict injury upon another person, causing a reasonable apprehension of imminent harm
• Mayhem is the intentional and permanent disfigurement or disabling of another person's body parts

Legal Theories and Doctrines

• The felony murder rule holds defendants responsible for any deaths that occur during the commission of a dangerous felony, even if unintended
• The merger doctrine prevents assault from merging with the resulting homicide, allowing separate charges for both crimes
• The year-and-a-day rule requires that the victim's death occurs within a year and a day of the defendant's criminal act for homicide liability
• The eggshell skull rule holds defendants liable for the full extent of the victim's injuries, even if the victim has a pre-existing condition that makes them more susceptible to harm
• The doctrine of transferred intent applies when the defendant intends to harm one person but inadvertently harms another, transferring the criminal intent
• The misdemeanor manslaughter rule holds defendants liable for manslaughter if a death occurs during the commission of a misdemeanor involving a risk of injury or death
• The castle doctrine allows individuals to use force, including deadly force, to protect themselves and their property when faced with an intruder

Defenses and Mitigating Factors

• Self-defense justifies the use of reasonable force to protect oneself from imminent harm, with the level of force proportional to the threat
• Defense of others allows the use of force to protect another person from imminent harm, under similar conditions as self-defense
• Insanity is an affirmative defense that excuses criminal responsibility if the defendant, due to a mental disease or defect, could not understand the nature or wrongfulness of their actions
  • The M'Naghten test focuses on whether the defendant could distinguish right from wrong at the time of the crime
  • The irresistible impulse test assesses whether the defendant could control their actions, even if they understood the wrongfulness
• Diminished capacity is a partial defense that reduces the severity of the charge if the defendant's mental state was impaired, affecting their ability to form the requisite intent
• Provocation can mitigate murder to voluntary manslaughter if the defendant acted under the heat of passion caused by adequate provocation
• Duress is a defense that excuses criminal conduct if the defendant was compelled to act under the threat of imminent death or serious bodily harm
• Necessity justifies criminal conduct if the defendant acted to prevent a greater harm, with no reasonable legal alternative

Case Law and Precedents

• In People v. Goetz (1986), the New York Court of Appeals ruled that the reasonableness of a defendant's belief in the need for self-defense should be judged by a subjective standard, considering the defendant's circumstances
• The case of State v. Stewart (1988) established that the "imperfect self-defense" doctrine can mitigate murder to voluntary manslaughter if the defendant had an honest but unreasonable belief in the need for deadly force
• In Tennessee v. Garner (1985), the U.S. Supreme Court held that the use of deadly force by police officers to prevent the escape of a fleeing suspect is unconstitutional unless the officer has probable cause to believe the suspect poses a significant threat of death or serious injury
• The landmark case of Miranda v. Arizona (1966) established the requirement for police officers to inform suspects of their Fifth Amendment rights before custodial interrogation
• In Blockburger v. United States (1932), the Supreme Court established the "same elements" test for determining whether two offenses are distinct for double jeopardy purposes
• The case of Mullaney v. Wilbur (1975) held that the prosecution must prove beyond a reasonable doubt that the defendant did not act in the heat of passion for a voluntary manslaughter conviction

Investigative Procedures

• Crime scene investigation involves securing the scene, documenting evidence, and collecting physical evidence for forensic analysis
• Interviewing witnesses and suspects is crucial for gathering information and establishing timelines and motives
  • The Reid technique is a common interrogation method that involves confronting suspects with evidence and minimizing the moral seriousness of the crime
  • The PEACE model emphasizes a non-confrontational, information-gathering approach to interviewing
• Forensic analysis examines physical evidence, such as DNA, fingerprints, and ballistics, to link suspects to the crime and reconstruct events
• Lineups and eyewitness identification procedures are used to have witnesses identify suspects, following guidelines to minimize suggestibility and false identifications
• Surveillance and wiretapping may be employed in the investigation of ongoing criminal activities, subject to legal restrictions and warrant requirements
• Undercover operations involve law enforcement officers posing as criminals to infiltrate organizations and gather evidence
• Cooperation agreements and plea bargains are used to secure the testimony of co-defendants or accomplices in exchange for reduced charges or sentences

Sentencing and Penalties

• Sentencing guidelines provide a framework for determining the appropriate punishment based on the severity of the offense and the defendant's criminal history
• Aggravating factors can increase the severity of the sentence, such as the use of a weapon, the vulnerability of the victim, or the defendant's leadership role in the crime
• Mitigating factors can reduce the severity of the sentence, such as the defendant's lack of criminal history, cooperation with authorities, or genuine remorse
• Capital punishment, or the death penalty, may be imposed for the most serious crimes, such as first-degree murder with aggravating circumstances
• Life imprisonment is a common sentence for serious offenses like murder, kidnapping, and rape
• Probation allows the defendant to remain in the community under supervision and subject to certain conditions, such as regular check-ins and drug testing
• Parole is the conditional release of an offender from prison before the completion of their sentence, subject to ongoing supervision and restrictions
• Restitution requires the offender to compensate the victim for losses or damages resulting from the crime, such as medical expenses or property damage