Question 1

Crimes Against Persons:

Accepted Answer

Murder: Killing with malice.
Felony murder: Killing during a dangerous felony.
First-degree murder: Planned or especially serious murder.
Second-degree murder: Intentional but not planned, or extremely reckless killing.
Attempted murder: Trying to kill and taking a real step toward it.
Manslaughter: Killing without malice.
Voluntary manslaughter: Killing in the heat of passion.
Involuntary manslaughter: Accidental killing from recklessness.
Kidnapping: Taking someone by force without consent.
Assault: Trying to harm or making someone fear harm.
Battery: Unlawful physical contact.

Question 2

Elements of Murder (Common Law)

Accepted Answer

Unlawful killing
Of another human being
With malice aforethought (intent to kill or extreme disregard for life)

Question 3

Elements of Manslaughter (Common Law)

Accepted Answer

Unlawful killing
Of another human being
Without malice (done in the heat of passion or through reckless behavior)

Question 4

Elements of Battery

Accepted Answer

Unlawful application of force
To another person
That causes harmful or offensive contact

Question 5

Elements of Assault

Accepted Answer

Attempted battery or
Putting another in reasonable fear of immediate bodily harm

Question 6

Elements of False Imprisonment

Accepted Answer

Unlawful confinement
Of another person
Without consent

Question 7

Elements of Kidnapping

Accepted Answer

Unlawful taking or carrying away
Of another person
By force or fraud
From one place to another

Question 8

What is homicide in criminal law?

Accepted Answer

A homicide is when one person causes the death of another person.

Question 9

What is the difference between homicide and murder?

Accepted Answer

Killing refers to the taking of life from anything (person, animal, plant, etc.)
A homicide is any killing of a person.
A murder is the unlawful killing with intent (malice aforethought)  or extreme recklessness.

Question 10

What is non-criminal homicide?

Accepted Answer

A non-criminal homicide is a killing that is not a crime, like in a war.

Question 11

What is justified homicide?

Accepted Answer

A homicide allowed by law, usually in self-defense.

Question 12

What is excusable homicide?

Accepted Answer

An excusable homicide is a homicide committed by accident without intent or serious wrongdoing.

Question 13

What is second-degree depraved heart murder?

Accepted Answer

Second-degree depraved heart murder  is the murder of someone by extreme recklessness, without caring if the person dies.

Question 14

What is second-degree implied malice murder?

Accepted Answer

Second-degree implied malice murder is a murder where there is no plan to kill the person, but knowing your actions could cause death and you ignore that risk.

Question 15

What is vehicular manslaughter?

Accepted Answer

Vehicular manslaughter is causing the death of someone while driving carelessly or illegally.

Question 16

What is manslaughter?

Accepted Answer

Manslaughter is the unlawful killing of another person without intent to kill.

Question 17

What is malice aforethought?

Accepted Answer

The intent to kill, cause serious harm, or act with reckless disregard for human life.

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Understanding Criminal Law

At Peter Johnson Law, we want our clients and community to feel empowered when navigating the justice system. Explore the basics of criminal law below.