Deck 5: Criminal Homicide

Question 1

The term _____________ refers to all cases in which a human being kills another human being by his or her own act, omission, or procurement.

A) manslaughter
B) homicide
C) murder
D) involuntary manslaughter

Answer 1

B

Question 2

A killing committed in self-defense or by accident or any other circumstance that the law permits is called:

A) justifiable
B) intentional
C) excusable
D) felony murder

Answer 2

C

Question 3

A killing that is intentional but carries no evil intent and is permitted by law, such as one involving capital punishment or a killing by a law enforcement officer in the line of duty when attempting to prevent a felony, is called:

A) justifiable
B) excusable
C) intentional
D) felony murder

Answer 3

A

Question 4

Two difficult recurring conceptual issues are present in homicide law, with different jurisdictions handling each issue differently statutorily. Those two issues are:

A) viability of a fetus and death
B) breathing fetus and time of death
C) another human being and death
D) right to life and abortion

Question 5

The advance of medical science has in some ways complicated our lives, specifically because of the availability and viability of transplantation and the use of ventilators to prolong life and the relationship that the definition of death has to the _______________ element of homicide.

A) actus reus
B) mens rea
C) concurrence
D) causation

Question 6

_______________________, literally translated, means "the body of the crime" and refers to the body or other material substance of a crime that constitutes the foundation of that particular crime.

A) Habeas corpus
B) Corpus delicti
C) Corpus habeas
D) In flagrante delicti

Question 7

Some courts have abandoned the requirement of corroborating evidence for some crimes because it is difficult or impossible to get a tangible corpus delicti for some crimes. Examples do not include which of the following?

A) attempt
B) conspiracy
C) income tax evasion
D) kidnapping

Question 8

Regardless of the definition, all acts classified as murder generally require how many elements?

A) six
B) five
C) four
D) seven

Question 9

Under the common law and many current definitions murder required malice aforethought, which means:

A) intentional but justified
B) accidental and justified
C) predetermined and intentional without legal justification or excuse
D) predetermined but accidental with justification or excuse

Question 10

Under the California statute, malice aforethought is ______________ when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is _______________ when no considerable provocation appears or when the circumstances attending the killing show an abandoned and malignant heart.

A) justifiable; excused
B) intentional; justified
C) express; implied
D) implied; express

Question 11

The most common murders involve the intent to kill. The intentional use of a deadly weapon may be introduced as evidence from which a(n) _______________ of intent to kill may be made, although that may be refuted.

A) consciousness of guilt
B) inference
C) presumption
D) rebuttable presumption

Question 12

Death that results from serious bodily injuries may be __________ when it can be shown that the defendant intended to inflict serious or great bodily harm, even though there was no intent to kill.

A) voluntary manslaughter
B) involuntary manslaughter
C) murder
D) intentional murder

Question 13

Killings resulting from the extremely reckless conduct created by the defendant are in some jurisdictions known as _________________ murders. It is said they are the product of an abandoned and malignant heart or wickedness.

A) negligent homicide
B) depraved heart
C) malignant
D) felony

Question 14

An unintended death resulting from the commission of a felony may be classified in some jurisdictions as ________________ murder.

A) depraved heart
B) felony murder
C) manslaughter
D) extreme indifference

Question 15

Although the common law had no degrees of murder, most modern statutes divide murder into at least two categories in order to assess different penalties. Under this scheme, those that are deliberate, premeditated, intent to kill murders as well as felony murders during the commission of certain enumerated felonies are categorized as:

A) manslaughter
B) voluntary manslaughter
C) first-degree murder
D) second-degree murder

Question 16

One of the key elements of first-degree murder is_____________, which refers to the act of planning, deliberating, designing, or thinking out in advance an intention to kill another person.

A) malice aforethought
B) depraved indifference
C) premeditation
D) postmeditation

Question 17

An unlawful killing that does not involve malice aforethought but that occurs after adequate provocation is called:

A) voluntary manslaughter
B) second-degree murder
C) involuntary manslaughter
D) self-defense

Question 18

A killing that is committed recklessly but unintentionally, as when one is under the influence of alcohol or other drugs, is called:

A) voluntary manslaughter
B) second-degree murder
C) involuntary manslaughter
D) manslaughter

Question 19

A killing that is not lawful or justified but involves no malice, only negligence, is involuntary manslaughter and in some jurisdictions is called:

A) misdemeanor manslaughter
B) criminally reckless manslaughter
C) second-degree manslaughter
D) first-degree manslaughter

Question 20

The estimated number of serious violent crimes in 2014 was less than the 2013 estimate?

A) 0.2%
B) 0.4%
C) 0.6%
D) 0.8%

Question 21

are all serious violent and property offenses that have been reported to the police and for which they have sufficient evidence to believe were actually committed.

A) Crime rate
B) Crimes known to police
C) Index crimes
D) UCR crimes

Question 22

The Unborn Victims of Violence Act of 2004 was signed after the murder of:

A) Megan Kanka and her unborn son Connor
B) Jessica Lundsford and her unborn son Connor
C) Laci Peterson and her unborn son Connor
D) Laci Kanka and her unborn son Connor

Question 23

is required as corroborating evidence that a crime has occurred.

A) Corpus delecti
B) Intent
C) Causation
D) An act

Question 24

What type of murder may the legislature provide separate categories for under which the death penalty is available?

A) Misdemeanor
B) Manslaughter
C) Depraved heart
D) Capital

Question 25

What can a jury be instructed on that is a crime less serious than the offense in which the defendant was charged?

A) Lesser included offenses
B) Mitigating factors
C) Aggravating factors
D) Second-degree murder

Question 26

Why has the Supreme Court recognized the right of states to permit physician-assisted suicide yet determined it not to be a "right"?

Question 27

Discuss and explain three types of murder.

Question 28

Define death for legal purposes, and explain the difficulty with determining death and how that has become more complicated over time.

Question 29

Discuss the causation problems associated with homicide cases.

Question 30

Discuss the different jurisdictional approaches to the born alive requirement for homicide cases.

Question 31

How has the concept of corpus delicti changed over the years?

Question 32

What elemental evidence is necessary to distinguish between murder and manslaughter?

Question 33

The term malice aforethought was critical to a murder case under the common law. Explain how it has changed and why.

Question 34

How does the concept of "lesser included offense" apply to a murder case?

Question 35

How does the "reasonable person" concept apply to a manslaughter case?

Question 36

Explain the difference between murder for hire and felony murder.

Question 37

Some instances involving the killing of one human being by another do not result in criminal culpability. Explain why that is true.

Question 38

Explain the impact that the legalization of abortion has had on homicide statutes, their interpretation, and their application.

Question 39

Describe the difficulty with defining malice in homicide cases.

Question 40

Fully explain the year-and-a-day rule and its significance to law.

Question 41

In what different ways have jurisdictions defined a human being in their homicide status? Provide specific examples.

Question 42

Provide an example of a depraved heart murder.

Question 43

Distinguish voluntary manslaughter and involuntary manslaughter. What are the mens rea requirements for each offense in the MPC? Further, describe the circumstances and mens rea required for negligent and vehicular manslaughter.

Question 44

How do prosecutors utilize lesser included offenses?

Question 45

Discuss whether Physician Assisted Suicide (PAS) should be considered a crime.