Question 1

Where was the first homicide statute in the United States Instituted?&#10;A) Pennsylvania&#10;B) Washington D. C.&#10;C) New Jersey&#10;D) Massachusetts

Accepted Answer

Pennsylvania passed the first homicide statute in the United States in 1794 known as the "Crimes Act," which defined murder as the deliberate and intentional killing of another person.

Question 2

Wes K. was shooting pigeons on his street when one of the bullets went through the neighbor's fence where it struck the neighbor and killed him instantly. According to the Model Penal Code, Wes could be charged with murder because:

A) Wes hated his neighbor and this could be considered a motive for murder
B) It is against the law to discharge firearms within city limits
C) He didn't know his neighbor was home
D) Wes was acting reckless

D

Accepted Answer

Wes's actions of shooting a firearm on a residential street demonstrate a disregard for the safety of others, which falls under the legal definition of recklessness. This recklessness resulted in the death of his neighbor, making Wes liable for murder. A motive for murder (choice A) is not necessary to fulfill the legal requirements for murder, and the fact that discharging firearms within city limits (choice B) is against the law does not in itself make the act murder. Not knowing the neighbor was home (choice C) also does not exempt Wes from being charged with murder.

Question 3

Each of the following may be considered provocation for a killing to be deemed manslaughter except for:&#10;A) Adultery with offender's spouse&#10;B) Taunting words&#10;C) Illegal arrest&#10;D) Mutual combat

Accepted Answer

Taunting words alone are generally not considered sufficient provocation to reduce a killing from murder to manslaughter. Provocation typically requires a more significant act or circumstance that would cause a reasonable person to lose self-control.

Question 4

Prosecutor Bates decided to charge a youngster with a lesser crime because there was evidence that the youngster's father was severely abusive toward the youngster. What is prosecutor bates considering?

A) Felonious circumstances
B) Defense motions
C) Mitigating circumstances
D) Aggravating circumstances

Accepted Answer

Prosecutor Bates is considering mitigating circumstances, which is a factor that may lessen the severity of a crime and result in a less severe punishment. In this case, the severe abuse suffered by the youngster at the hands of their father is a mitigating circumstance that may have influenced the decision to charge the youngster with a lesser crime.

Question 5

According to the felony murder rule, in which of these situations may Robert be found guilty of murder?&#10;A) Robert is a getaway driver and the police shoot a guard while Robert's accomplices are robbing a bank.&#10;B) Robert shoots at a man he is trying to rob. The man runs into traffic and is hit by a car which kills him.&#10;C) Robert's accomplice is shot by a guard while Robert and his accomplice are robbing a bank.&#10;D) In each of these situations, Robert may be found guilty of murder following the felony murder rule.&#10;

Accepted Answer

According to the felony murder rule, Robert may be found guilty of murder in situation B where he shoots at a man he is trying to rob, and the man runs into traffic and is hit by a car which kills him. This rule applies when a death occurs during the commission of a felony, even if the defendant did not directly cause the death. In this case, Robert's act of shooting at the man led to the man's death, even though Robert did not directly kill him.

Question 6

What is capital murder?&#10;A) Murders in which the punishment may be death.&#10;B) Murders which happen in the nation's capital.&#10;C) Murders involving mitigating circumstances.&#10;D) None of these is correct.

Accepted Answer

Capital murder refers to murders that are punishable by death, meaning the perpetrator may receive a capital punishment.

Question 7

8. Beardsley was originally found guilty of manslaughter in the killing of Ms. Burns who he had spent the weekend with drinking and taking morphine pills. Did the Supreme Court uphold the guilty verdict?

A) Yes, the Supreme Court upheld the guilty verdict because Beardsley failed to perform his duty to care for Burns.
B) No, the Supreme Court overturned the guilty verdict because Beardsley did not supply the morphine to Burns.
C) No, the Supreme Court overturned the guilty verdict because Beardsley had no legal duty to save Burns.
D) Yes, the Supreme Court upheld the guilty verdict because Beardsley's legal duty to save Burns was transferred to the man who moved Burns out of the apartment.

Accepted Answer

The Supreme Court overturned the guilty verdict because Beardsley had no legal duty to save Burns, which was a key factor in the decision.

Question 8

This is the unlawful killing of a human being without premeditation.&#10;A) Murder&#10;B) Manslaughter&#10;C) First Degree Murder&#10;D) Unlawful Murder

Accepted Answer

Manslaughter is defined as the unlawful killing of a human being without premeditation, but with the intention to harm or cause injury. It is typically seen as less severe than murder, as it lacks the premeditated intent to kill. A) Murder involves premeditation and the intent to kill, while C) First Degree Murder involves premeditation and specific circumstances that make the death particularly heinous. D) Unlawful Murder is not a commonly used legal term.

Question 9

If a child dies from malnutrition in a state that follows the Model Penal Code, what is the most likely charge?&#10;A) Manslaughter&#10;B) Infanticide&#10;C) Negligent Homicide&#10;D) Involuntary Murder

Accepted Answer

Negligent Homicide involves the failure to perceive a substantial and unjustifiable risk of death or serious bodily injury, and the failure to take reasonable steps to avoid that risk. In the case of a child dying from malnutrition, the parent or caregiver's failure to provide adequate food and nutrition to the child would likely be considered a substantial and unjustifiable risk of serious bodily injury or death, and their failure to provide that nutrition would be seen as a failure to take reasonable steps to avoid that risk. This would likely result in a charge of Negligent Homicide.

Question 10

It is easier to find an individual responsible for a wrongful death than it is to find them guilty of murder because&#10;A) The burden of proof is lower in civil case&#10;B) This is untrue, it is just as difficult to find someone responsible for wrongful death&#10;C) Civil courts do no use juries&#10;D) You can hire your own lawyer for a civil case

Accepted Answer

In a civil case, the burden of proof is lower than in a criminal case. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt, while in a civil case, the burden of proof is preponderance of the evidence, which means that it is more likely than not that the defendant is responsible for the wrongful death. This lower burden of proof makes it easier to find an individual responsible for wrongful death in a civil case than to find them guilty of murder in a criminal case.

Deck 1: Definitions and Degrees