Deck 10: Homicide

Question 1

Courts willnot generally reduce murder to manslaughter if: ​

A)there was adequate provocation.
B)the killing was in a heat of passion.
C)the killing occurred during another crime.
D)there was a causal connection between the provocation, the rage or anger, and the fatal act. ​

Answer 1

C

Question 2

The doctrine of transferred intent allows a murder suspect to escape punishment if someone other than the intended victim is killed. ​

Answer 2

False

Question 3

A charge of murder could be reduced to manslaughter if provocation existed to cause the criminal conduct.

Answer 3

True

Question 4

Most states still have some form of the felony murder rule. ​

Question 5

When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death was due to an unlawful act:

A)jurors may speculate as to cause of death.
B)the defendant is still likely to be convicted of murder.
C)the defendant will likely plead self defense.
D)corpus delicti has not been proved.

Question 6

​ The US Supreme Court held that the Death with Dignity Law did not violate the Federal Controlled Substance Law.

Question 7

​ Courts mayreduce murder to manslaughterif:

A)there was adequate provocation.
B)the killing was in a heat of passion.
C)there was no opportunity to cool off.
D)All of these choices.

Question 8

Felony murder is the appropriate charge when the defendant was provoked into losing normal self-control resulting in a killing.

Question 9

Undercommon law, a victim must die within______ after the time of the wrongful act in order to convict the defendant of homicide. ​

A)one year and a day
B)one year
C)one month
D)one day

Question 10

If a murder victim's body is never found, the defendant cannot be convicted of murder. ​

Question 11

​ Under the common law, the killing of a fetus was:

A)not a homicide.
B)feticide.
C)homicide.
D)genocide.

Question 12

Under the old common law, the killing of a fetus was not a homicide. ​

Question 13

​ The Latin term meaning the body or substance of the crime (proof that a crime has been committed) is:

A)habeas corpus .
B)corpus collosum .
C)corpus delicti .
D)corpus delicti .

Question 14

​ Under the old common law:

A)the killing of a fetus was a capital offense.
B)killing a fetus carried the same penalty as killing an adult.
C)murder of a newborn required showing it was born alive.
D)murder of a child required the child must have lived at least one-year-and-a-day.

Question 15

The US Supreme Court upheld the Oregon Death with Dignity Law because it reasoned that treating a physician writing a prescription for a mercy killing as "drug abuse" was: ​

A)unreasonable.
B)ridiculous.
C)irresponsible.
D)reasonable.

Question 16

Involuntary manslaughter requires proof of intent to kill. ​

Question 17

The Oregon Death with Dignity Law does NOT require ______ in order for a person to legally commit suicide. ​

A)that a patient must be found to be terminally ill and have less than six months to live
B)that patients must have the mental capacity to fully understand the situation that confronts them
C)a 15-day waiting period after the patient applies and is found to have qualified for physician-assisted suicide
D)that a physician must prescribe and administer the drugs to end the patient's life

Question 18

If the body of the murder victim is never found, the defendant: ​

A)may be held in custody indefinitely.
B)may be convicted based on circumstantial evidence.
C)can never be convicted of murder.
D)may be convicted only of manslaughter.

Question 19

​ The test of the adequacy of provocation in a voluntary manslaughter case is how a reasonable person would react to the provocation.

Question 20

Most states have abrogated the year-and-a-day rule.

Question 21

In those states that still have the born alive requirement, a fetus must be born "alive" before its death can be: ​

A)murder.
B)voluntary manslaughter.
C)manslaughter.
D)feticide.

Question 22

______ DOES NOT require specific proof of intent to kill. ​

A)Involuntary manslaughter
B)Reckless homicide
C)Second degree murder based on intent to do serious bodily injury
D)Allof these choices.

Question 23

​ Depraved-mind murder:

A)includes specific intent to injure or harm.
B)is called second-degree murder in some states.
C)is always a capital offense.
D)is a misdemeanor.

Question 24

​ Today, medical science makes proving the connection between actions and a resulting death much easier and clearer, so most states have dropped the:

A)year-and-a-day rule.
B)decade-and-a-day rule.
C)month-and-a-day rule.
D)week-and-a-day rule.

Question 25

If a person is killed during the commission of a felony not listed in § 1111, it is: ​

A)not murder solely because of the felony committed.
B)not murder.
C)murder solely because of the felony committed.
D)None of these choices.

Question 26

​ When extreme negligence or wanton or reckless conduct on the part of the defendant brings about an unintended death, the charge will most likely be:

A)depraved-mind murder.
B)capital murder.
C)felony murder.
D)involuntary manslaughter.

Question 27

The State of Oregon has the power to determine what conduct is criminal in that state: ​

A)unless it contravenes some Federal law.
B)no matter what
C)unless it contravenes some other state's law.
D)if given permission by the federal government first.

Question 28

Corpus delicti means the: ​

A)body of the crime.
B)scene of the crime.
C)essence of the crime.
D)victim of the crime.

Question 29

​ The doctrine of ______ is used when the intention to harm one individual inadvertently causes a second person to be hurt instead.

A)transferred intent
B)manslaughter
C)voluntary manslaughter
D)involuntary manslaughter

Question 30

If it appears the victim may have provoked the killing, the defendant will likely be charged with: ​

A)felony murder.
B)manslaughter.
C)first-degree murder.
D)depraved-mind murder.

Question 31

If there is an interval between the act provoking the killer and the killing, the jury will consider if there was: ​

A)an intent to kill.
B)a deadly weapon used.
C)a cooling of the blood.
D)perfect defense.

Question 32

A person who kills another during the course of committing a felony, even if the killing is accidental, is guilty of:

A)depraved heart murder.
B)involuntary manslaughter.
C)felony murder.
D)excusable homicide.

Question 33

Sufficient provocation to reduce a charge of murder to that of manslaughter almost never includes: ​

A)words and gestures.
B)battery.
C)adultery.
D)trespass.

Question 34

In all states, the death of the victim of a listed felony, and a third person killed by the felon, constitute: ​

A)felony murder.
B)involuntary manslaughter.
C)first degree homicide.
D)voluntary manslaughter.

Question 35

​ Most states have:

A)abolished the felony murder rule.
B)reduced felony murder to a misdemeanor.
C)found felony murder to be unconstitutional.
D)retained some form of the felony murder rule.

Question 36

​ A killer whose gunshot misses the intended victim but kills a bystander can be convicted of the intentional murder of the bystander by use of the doctrine of:

A)transferred intent.
B)accidental murder.
C)common design.
D)concurrent mens rea .

Question 37

Under the doctrine of transferred intent, the intention formed by the perpetrator of a homicide as to an intended victim is "transferred" to the killing of: ​

A)an unintended victim.
B)a felony victim.
C)the co-defendant.
D)any injured police officer.

Question 38

​ The crime commonly charged when the victim causes the defendant to become enraged to the point of losing normal self-control and killing is:

A)depraved-mind murder.
B)depraved-heart murder.
C)heat of passion manslaughter.
D)felony murder.

Question 39

Some states have limited the felony murder rule by requiring that the: ​

A)defendant have intent to kill the victim.
B)felony is a dangerous one.
C)victim has actively opposed the defendant.
D)victim has acted negligently.

Question 40

​ A death at the hands of one who intended to do only serious bodily harm:

A)will be prosecuted as a misdemeanor.
B)will be prosecuted the same as intentional murder.
C)will likely be prosecuted for a lesser degree of murder.
D)cannot be prosecuted.

Question 41

Reginald was passed over for promotion at the law firm where he worked, losing out to Tammy who had worked at the firm longer. Reginald then had a sinister idea. "If Tammy dies, then I would be promoted," he thought. So he schemed to kill Tammy by running her over in the parking garage. Instead, when his plot unfolded, he hit an innocent bystander. The police arrested Reginald for murder. ​

A)Reginald argued he should not be charged with murder because he never intended to kill the bystander, only Tammy. This argument fails because of the _____ doctrine.
B)transferred intent
C)"deadly weapon"
D)intent to do bodily harm
E)depraved-mind

Question 42

Absence of malice in manslaughter cases cannot be shown by evidence of:

A)sudden quarrel.
B)heat of passion.
C)malice.
D)"imperfect" self-defense.

Question 43

In most states, a person is legally dead when: ​

A)all brain function has permanently ceased.
B)the heart stops beating.
C)the heart stops beating and all brain function has permanently ceased.
D)either the heart stops beating or all brain function has permanently ceased.

Question 44

A ____  is an event sufficiently related to a death to be held to be the cause of that death. ​

A)proximate cause
B)causation
C)heat of the moment action
D)depraved-mind action

Question 45

Reginald was passed over for promotion at the law firm where he worked, losing out to Tammy who had worked at the firm longer. Reginald then had a sinister idea. "If Tammy dies, then I would be promoted," he thought. So he schemed to kill Tammy by running her over in the parking garage. Instead, when his plot unfolded, he hit an innocent bystander. The police arrested Reginald for murder. ​

A)Reginald would be charged with premeditated murder because:
B)he had planned to murder Tammy.
C)he wanted to murder the bystander.
D)Reginald's intent was not to do bodily harm to the bystander.
E)striking the pedestrian with the car demonstrated Reginald's malice.

Question 46

Annie and her husband are fighting again. The husband drinks to excess and this upsets Annie. During the course of the argument, Annie picks up an ash tray and hits her husband on the temple, and hedies instantly. The police arrest Annie, but the prosecution has not charged her yet. ​

A)To prove murder, the prosecution must successfully show that:
B)Annie struck her husband with transferred intent.
C)Annie struck her husband with transferred intent.
D)Annie's husband feared for his life.
E)Annie disliked her husband.

Question 47

​ ______ is the killing of one human being by another.

A)Felony murder
B)Homicide
C)Corpus delicti
D)Murder

Question 48

Sam has a heated argument over an affair he claims his wife is having with his best friend. The argument escalates and Sam is overheard by the neighbors saying he wished his wife were dead. After repeatedly trying to get from Sam what happened to his wife, the best friend calls the police after two days, not seeing Sam's wife during that time. ​

A)That Samwas in a heated argument with his wife before she turned up missing establishes:
B)Samwas responsible for his wife's death.
C)Sam'swife is dead.
D)the starting date for the "year-and-a day" rule.
E)a heat of passion defense for Sam.

Question 49

​ ______ is the mental determination to unlawfully kill another person after planning or reflecting on causing death.

A)Premeditation
B)Premedication
C)Thought crime
D)Involuntary manslaughter

Question 50

______ manslaughter is becoming enraged to the point where one has lost self-control and kills another. ​

A)A heating of the blood
B)Provoked
C)A reasonable provocation
D)Heat of passion

Question 51

Sam has a heated argument over an affair he claims his wife is having with his best friend. The argument escalates and Sam is overheard by the neighbors saying he wished his wife were dead. After repeatedly trying to get from Sam what happened to his wife, the best friend calls the police after two days, not seeing Sam's wife during that time. ​

A)That Sam'swife was not seen for two days by the neighbors, Sam, or Sam'sbest friend establishes: ​
B)Samwas responsible for his wife's death.
C)Sam'swife is dead.
D)the starting date for the "year-and-a day" rule.
E)a heat of passion defense for Sam.

Question 52

Sam has a heated argument over an affair he claims his wife is having with his best friend. The argument escalates and Sam is overheard by the neighbors saying he wished his wife were dead. After repeatedly trying to get from Sam what happened to his wife, the best friend calls the police after two days, not seeing Sam's wife during that time. ​

A)If the body of Sam's wife is never found, then Sam:
B)would have nothing to worry about.
C)may be convicted based on circumstantial evidence.
D)can never be convicted of murder.
E)may be convicted only of manslaughter.

Question 53

​ ______ is the killing of a terminally ill or injured person who hasonly a short time to live.

A)Euthanasia
B)Suicide
C)A dignified death
D)Assisted ending

Question 54

A death during the commission of _______would not qualify as a felony murder.

A)sexual assault
B)robbery
C)arson
D)speeding

Question 55

Annie and her husband are fighting again. The husband drinks to excess and this upsets Annie. During the course of the argument, Annie picks up an ash tray and hits her husband on the temple, and hedies instantly. The police arrest Annie, but the prosecution has not charged her yet. ​

A)The prosecution would only be able to charge Annie with:
B)felony murder.
C)involuntary manslaughter.
D)voluntary manslaughter.
E)premeditated murder.

Question 56

Annie and her husband are fighting again. The husband drinks to excess and this upsets Annie. During the course of the argument, Annie picks up an ash tray and hits her husband on the temple, and hedies instantly. The police arrest Annie, but the prosecution has not charged her yet. ​

A)In a criminal homicide prosecution, the state: ​
B)need only show that the defendant committed the unlawful act.
C)must show that the defendant knew death would occur.
D)never has to show that the defendant knew death would occur.
E)must show that the victim was alive at the time of the unlawful act.

Question 57

Sam has a heated argument over an affair he claims his wife is having with his best friend. The argument escalates and Sam is overheard by the neighbors saying he wished his wife were dead. After repeatedly trying to get from Sam what happened to his wife, the best friend calls the police after two days, not seeing Sam's wife during that time. ​

A)Establishing that Samwas in a heated argument with his wife before she turned up missing is necessary for:
B)corpus delicti .
C)corpus rubrum .
D)modus operandi .
E)jus ad bellum .

Question 58

Reginald was passed over for promotion at the law firm where he worked, losing out to Tammy who had worked at the firm longer. Reginald then had a sinister idea. "If Tammy dies, then I would be promoted," he thought. So he schemed to kill Tammy by running her over in the parking garage. Instead, when his plot unfolded, he hit an innocent bystander. The police arrested Reginald for murder. ​

A)If it can be shown that Reginald at the last moment changed his mind about killing Tammy and swerved his car away but inadvertently struck the bystander, the most appropriatecharge would be:
B)felony murder.
C)involuntary manslaughter.
D)voluntary manslaughter.
E)feticide.

Question 59

​ ______ is the murder of an unborn fetus.

A)Suicide
B)Fratricide
C)Feticide
D)Regicide

Question 60

The crime charged for a motorist running a stop sign and striking and killing a pedestrian would most likely be: ​

A)involuntary manslaughter.
B)reckless homicide.
C)second degree murder based on intent to do serious bodily injury.
D)first degree murder.

Question 61

The term ______ means the body or substance of a crime. ​

Question 62

​ ______ is unlawful homicide with malice aforethought.

Question 63

When the common law year-and-a-day rule is abrogated by a state supreme court, the court must determine whether to make the abrogation retroactiveor ____.

Question 64

Define the year-and-a-day rule for the crime of murder, and explain the significant changes that some states have made to that rule.

Question 65

​ Criminal homicide other than murder is called _____.

Question 66

​ When the intention to harm one individual inadvertently causes a second person to be hurt instead, the individual causing the harm will be seen as having "intended" the act by means of the "____  intent" doctrine.

Question 67

​ List and explain whichhomicides do not require proof of intent to kill.

Question 68

​ Explain the doctrine of transferred intent and describe the crimes that it applies to.

Question 69

​ Define  " corpus delicti ." Explain how a defendant may be prosecuted for murder when the victim's body has not been found.

Question 70

​ Mental determination to unlawfully kill another person after planning or reflecting on causing death is called _____.

Question 71

​ In ______, the killer subjectively believes that his or her conduct was lawful and necessary, and by objective standards a reasonable person would agree.

Question 72

​ For the crime to be voluntary manslaughter, the crime must have resulted from a sufficient or adequate ___________.

Question 73

​ The test of the adequacy of provocation in manslaughter cases is determined by how the average or ____________ person would react under those circumstances.

Question 74

​ In ______, the killer subjectively believes that his or her conduct was lawful and necessary.

Question 75

​ Involuntary manslaughter and ______ homicide do not require proof of intent to kill.

Question 76

​ Imperfect self-defense can reduce a charge of murder to that of ___________.

Question 77

​ Because most criminal homicide statutes prohibited only the killing of a "person" or a "human being," these statutes did not include the killing of a ___, which was not a person under the common law.

Question 78

​ Many states divide _____________ into two categories: voluntary and involuntary.

Question 79

​ When a person participates in the death of another, the act may constitute the crime of murder or __________________.

Question 80

​ Define the "born alive" requirement in common law murder and explain how feticide statutes change the common law.