Laws Covered:
Rape
Intrinsic force standard
The only force needed is that required is that of penetration
Withdrawal of consent
The crime of rape is committed when a victim withdraws her consent during an act of sexual intercourse but is forced to complete the act
Actus Reus
Gential copulation
Anal and or copulation
Digital penetration and penetration with an instrument as well as gential anal and or oral sex
Rape is just genital penetration
Sexual assault everything else
Mistake of Fact
If the stories are exactly the same
Mens Rea
Purposeful
Objective test is determined by “equivocal conduct”
Statutory Rape
A strict liability offense in which a male is guilty of rape by engaging in intercourse with an “underage” female
Fraud in the Factum
Deception causes a misunderstanding as to the fact itself there is no legal consent
Fraud in the Inducement
If deception relates not to the thing but merely to some collateral consent as effective as any consent
Rape Shield Laws
Prohibit the introduction of evidence concerning a victim’s past sexual activity
Homicide
Actus reusThe unlawful killing of human being or causing the death of a person
First degree murder
Deliberation and premediation as well as malice
Legal Equation: Premeditated and deliberate intent to kill another + act that is legal and factual cause death + death of another person = First Degree Murder
Capital/Aggravated murder
Premidatated killings committed with presence of various aggravated factors or special circumstances
Victim: Child, Public Servant, Multiple Victims, and or Univ. Prof. only on campus
Second degree murder
Intentional Killing with malice no premeditation
Mens Rea : Knowing
Legal equation: Intentional act dangerous to life of another + intent to kill without premeditation or deliberation or intent underlying felony murder + causing the death of another = Second Degree Murder
Depraved Heart murder
Deliberate preparation of a knowingly dangerous act with reckless and want on unconcern and indifferences to whether anyone is harmed or not
Mens Rea: Reckless
Act must create high degree of risk or serious bodily harm
Are they aware of the risk and danger individual are placed at
Dangerous act creating high risk of death + knowledge of danger created by the act = Depraved Heart Murder
Felony murder
A murder that occurs during the course of felony is punished as murder
Legal Equation: Intent to commit a dangerous felony + killing during preparation of a dangerous felony + caused by felon of co felon as a consequence of the felony = Felony Murder
Deterrence, Protection of life, Punishment, and Prosecution
Agency and proximate cause theories
A defendant cannot be convicted of felony murder if the killing was a lawful killing by a third party. (Agency approach)
Holds felons responsible for foreseeable deaths that are caused by the commission of dangerous felony
Voluntary manslaughter
Kill in a sudden heat of passion in response to adequate provocation
Adequate Provocation is defined as conduct that is sufficient to excite an intense passion that causes reasonable person to lose control
Legal Equation: Killing another person + intent to kill + sudden heat of passion based on adequate provocation
Involuntary manslaughter
The unintentional killing of another without malice the negligent creation of a risk of serious