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Criminal Law Deep Dive: Homicide and Crimes Against the Person — Murder, Felony Murder, Manslaughter, Assault, Battery, Kidnapping, and Sexual Assault

10/27/2026
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🎧 EPISODE SUMMARY 🎧

Crimes against the person are categorized by the severity of harm and the defendant's mental state.

Homicide requires the unlawful killing of a human being resulting in brain death or respiratory/circulatory failure.

Common law murder is an unlawful killing with malice aforethought, satisfied by four mental states:

1. Intent to kill.

2. Intent to inflict great bodily harm.

3. Depraved-heart murder (reckless indifference to human life).

4. Felony murder (unintended killing during an inherently dangerous felony like BARRK: Burglary, Arson, Rape, Robbery, Kidnapping).

Murder defaults to second-degree unless elevated to first-degree by premeditation/deliberation, enumerated felonies, or heinous means.

Voluntary manslaughter is intentional killing mitigated by heat of passion from adequate provocation or imperfect self-defense.

Involuntary manslaughter is unintentional killing caused by criminal negligence or during a misdemeanor.

The Model Penal Code categorizes homicide into Murder (extreme indifference), Manslaughter (recklessness or EMED), and Negligent Homicide.

Non-fatal offenses include Battery (unlawful application of force), Mayhem (permanent disfigurement), and Assault (attempted battery or creating apprehension of harm).

False imprisonment is unlawful confinement, while Kidnapping adds movement or concealment. Rape is non-consensual sexual penetration, and Statutory Rape is strict liability based on age.

Key grading steps for homicide analysis:

1. Test common law murder malice states.

2. Check statutory first-degree murder elevation.

3. Evaluate mitigation to voluntary manslaughter.

4. Consider involuntary manslaughter or negligent homicide if malice is absent.

Following this hierarchy captures all theories of liability and mitigation.

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