Deck 6: Homicide

Question 1

The English common law established the following forms of homicide:

A) justifiable, self-defense, defense of others, and criminal homicide.
B) excusable and criminal.
C) justifiable and criminal.
D) justifiable, excusable, and criminal homicide.

Answer 1

justifiable, excusable, and criminal homicide.

Question 2

Justifiable homicide involves killing:

A) under circumstances sanctioned by the sovereign.
B) of another, by mistake, or self defense.
C) by lawful conduct with evil intent.
D) All of the above

Answer 2

under circumstances sanctioned by the sovereign.

Question 3

Excusable homicide occurs:

A) when one kills during an act of war.
B) when one kills another as a result of an unprovoked attack.
C) Both A and B.
D) None of the above.

Answer 3

when one kills another as a result of an unprovoked attack.

Question 4

Murder is:

A) causing the death of another human being.
B) acting with the necessary-express or implied-specific intent to kill.
C) the purposeful, knowing, or reckless unlawful killing of another.
D) killing another as a result of provocation.

Question 5

At early common law, all criminal homicides were punishable by:

A) imprisonment.
B) whipping.
C) imprisonment and whipping.
D) death.

Question 6

The felony-murder rule:

A) is a court-made rule that holds persons liable for any killing that occurs during a felony.
B) is a statutory prohibition that holds a person liable for murder if a death results during the commission of certain felonies.
C) is a statutory rule that holds a person liable for murder if a death results during the commission of certain dangerous misdemeanors.
D) is a statutory rule that deals with the enhanced penalties for murder.

Question 7

Voluntary manslaughter is:

A) the unintentional killing of another human being caused during the commission of an unlawful act.
B) the intentional and unlawful killing of another person in response to adequate provocation.
C) the third most serious form of homicide.
D) Both A and C.

Question 8

Voluntary manslaughter requires:

A) the commission of an unlawful act not amounting to a felony.
B) a cooling-off period after the provocation.
C) Both A and B.
D) the same kind of intent required for the crime of murder.

Question 9

The two requirements for adequate provocation in voluntary manslaughter are:

A) the provocation must be adequate and the killing must occur in the heat of passion.
B) the provocation must occur during the commission of an unlawful act and the killing must be in the heat of passion.
C) the provocation must occur during the commission of a felony and the killing must occur in the heat of passion.
D) the provocation must be adequate and the killing must occur after a cooling-off period.

Question 10

Involuntary manslaughter is:

A) the intentional killing of another human being caused during the commission of an unlawful act not amounting to a felony or as the result of criminal negligence.
B) the killing of another human being as a result of adequate provocation and during the heat of passion.
C) the unintentional killing of another human caused during the commission of an unlawful act not amounting to a felony or as the result of criminal negligence.
D) the unintentional killing of another human caused during the commission of an unlawful act including the commission of a felony or as the result of criminal negligence.

Question 11

The most common form of misdemeanor involved in involuntary manslaughter is:

A) the handling of weapons.
B) traffic offenses.
C) negligent acts.
D) Both A and B.

Question 12

Negligent manslaughter:

A) is the unintentional killing of another human being caused by the negligence of the defendant.
B) is a new form of homicide created in the MPC.
C) is the intentional killing of another human being caused by the negligence of the defendant.
D) Both A and B.

Question 13

The defendant was playing a game of Russian roulette. He pointed the revolver loaded with a single cartridge at the victim. The victim was a close friend of the defendant. The weapon fired on the third try and the victim died. What crimes, if any, should the defendant be charged with?

A) Involuntary manslaughter, since the defendant committed a misdemeanor by pointing a weapon at the victim.
B) Felony-murder, since the defendant's acts caused a death.
C) Murder, since the courts will infer the necessary intent despite evidence that the defendant did not desire to kill his friend.
D) No crime, since the killing was accidental.

Question 14

The defendant is home watching TV and the victim arrives. She appears to be under the influence of drugs. At her request the defendant assists her in injecting heroin into her arm. The victim dies and the defendant summons the police. What crimes, if any, may the defendant be charged with?

A) Voluntary manslaughter.
B) Involuntary manslaughter.
C) Negligent manslaughter.
D) None of the above

Question 15

The key difference between involuntary manslaughter and negligent manslaughter is:

A) the intent.
B) the degree of negligence.
C) causation.
D) a wicked and depraved mind.

Question 16

Which of the following is not a degree of negligence?

A) Simple Negligence.
B) Gross Negligence.
C) Involuntary Negligence.
D) Recklessness.

Question 17

At common law, suicide was:

A) murder.
B) justifiable.
C) known as a mercy killing.
D) euthanasia.

Question 18

Which of the following is not a requirement for adequate provocation?

A) Legal adequacy.
B) Heat of passion killing.
C) The lack of a cooling off period.
D) The lack of duty to retreat.

Question 19

Which of the following is a "new" form of homicide?

A) Negligent manslaughter.
B) Reckless homicide.
C) Mercy killing.
D) Involuntary homicide.

Question 20

Which of the following is not an element of felony-murder?

A) The commission of a dangerous felony.
B) The commission of manslaughter.
C) The intent to kill.
D) Both B and C

Question 21

What level of negligence is usually required by the courts to establish negligent manslaughter?

A) Simple negligence.
B) Civil negligence.
C) Gross negligence.
D) Extreme negligence.

Question 22

In what percent of murders can no motive be established?

A) 31 percent.
B) 12 percent.
C) 50 percent.
D) 73 percent.

Question 23

What helps to determine the degree of murder?

A) Seriousness of the killing.
B) Heinousness of the killing.
C) A pattern of wrongdoing and lack of remorse.
D) Both A and B.

Question 24

The Model Penal Code allows the use of the felony-murder rule by

A) in serious misdemeanor cases.
B) establishing a presumption that the necessary degree of recklessness exist when death occurs during the commission of certain specified felonies.
C) allowing its application in all felony cases.
D) restricting its use to non-serious cases.

Question 25

Successfully assisting another to commit suicide is:

A) attempted murder.
B) murder.
C) a crime, but not murder.
D) suicide.

Question 26

The types of serial murders does not include which of the below types?

A) visionary serial killers
B) mission-oriented serial killers
C) reckless serial killers
D) hedonistic serial killers

Question 27

Serial killing is the killing of more than one person at the same time and at the same place.

Question 28

Homicide is the generic term meaning the killing of one human being by another.

Question 29

The felony-murder rule applies when a death results during, and as a result of a serious felony committed by the defendant.

Question 30

Murder is the most serious form of homicide.

Question 31

With murder, the intent to kill may be inferred.

Question 32

Generally, there are but two degrees of murder in the United States criminal justice system.

Question 33

The felony murder rule is not very popular with jurists.

Question 34

First degree murder is all murder that is not second degree murder.

Question 35

Visionary serial murderers believe their purpose in life is to rid society of certain "undesirable" types of people.

Question 36

Control-oriented serial killers seek power over their victims.

Question 37

Mass murderers are like serial murderers, except mass murderers kill their victims at the same time and at the same location.

Question 38

Some people see the felony-murder rule as a form of "strict liability" homicide.

Question 39

A felony does not have to be completed for the felony-murder rule to apply.

Question 40

Voluntary manslaughter is murder with adequate provocation.

Question 41

Involuntary manslaughter involves the unintentional death of another.

Question 42

The commission of a lawful act, preformed in a negligent manner, can lead to the crime of involuntary manslaughter.

Question 43

Negligent manslaughter is based upon the common law.

Question 44

Excusable homicide is killing by mistake or in self-defense.

Question 45

The purpose of the felony-murder rule is to deter people from committing dangerous felonies.

Question 46

The year and a day rule is considered an outdated common law relic.

Question 47

Malice aforethought is the modern standard when describing the mens rea for murder.

Question 48

Suicide is the murder of one's self.

Question 49

The Model Penal Code establishes that murder may be committed though reckless actions manifesting extreme indifference.

Question 50

The modern application of the felony-murder rule is to establish a direct or proximate causation between the felony and the killing.

Question 51

The Model Penal Code (MPC) establishes that murder may be committed in either of the two ways: (1) purposeful or knowing homicide or (2) reckless homicide manifesting ___ indifference.

Question 52

The most serious crime of the homicide classifications is ___.

Question 53

In early English common law there was __ degrees of murder.

Question 54

The two forms or degrees of murder are based on the ___ of the type of homicide.

Question 55

___ serial killers murder in response to commands or directions from a voice or vision

Question 56

The felony-murder rule is a statutory formulation that holds a person liable for murder if a death results during his commission of certain ___.

Question 57

In order to reduce murder to voluntary manslaughter, ___ the must be of such a nature as to cause a reasonable person to kill.

Question 58

Adequate provocation requires that the defendant be provoked and that the provocation be so grievous that he or she acted in the heat of ___ and without his or her rage cooling off.

Question 59

To constitute murder, there must be a killing of another ____ being.

Question 60

To constitute ___ manslaughter, the killing must be unintentional.

Question 61

___ manslaughter did not exist at common law and is generally considered a statutory crime and it is based upon the MPC position that voluntary and involuntary manslaughter are difficult concepts to apply in some instances.

Question 62

The traditional view was that death must occur within a year and a ___ from the defendant's act.

Question 63

Criminal negligence involves the failure of the defendant to perceive the risk in a situation in which he has a legal ___ of awareness.

Question 64

Euthanasia is more commonly known as ___ killing.

Question 65

The crime of murder requires ___ intent to kill another.

Question 66

___ manslaughter is the second-most serious form of criminal homicide.

Question 67

At common law, suicide was ___.

Question 68

The "Death With ___ Act," permits physicians to prescribe lethal drugs to persons who are expected to live less than six months.

Question 69

___ manslaughter is the unintentional killing of another human being caused by the negligence of the defendant.

Question 70

The ___ rule applies when a death results during, and as a result of, any inherently dangerous felony committed by the defendant.

Question 71

Match words with associated meaning, concepts, issues or principles

-Killing under circumstances sanctioned by the sovereign.

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 72

Match words with associated meaning, concepts, issues or principles

-When one kills another by mistake or in self-defense.

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 73

Match words with associated meaning, concepts, issues or principles

-The most serious type of criminal homicide.

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 74

Match words with associated meaning, concepts, issues or principles

-Killing by torture.

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 75

Match words with associated meaning, concepts, issues or principles

-Jack the Ripper

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 76

Match words with associated meaning, concepts, issues or principles

-Killing several victims at the same time.

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 77

Match words with associated meaning, concepts, issues or principles

-Killing during the commission of armed robbery.

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 78

Match words with associated meaning, concepts, issues or principles

-Killing while in a heat of passion

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 79

Match words with associated meaning, concepts, issues or principles

-Mercy killing

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.

Question 80

Match words with associated meaning, concepts, issues or principles

-Texas Tower killer

A) murder
B) mass murderer
C) Felony-murder
D) Justifiable homicide
E) Charles Whitman
F) Excusable homicide
G) voluntary manslaughter
H) euthanasia
I) serial killers
J) First-degree murder.