Deck 9: Crimes Against Persons I: Murder and Manslaughter

Question 1

Our modern law of criminal homicide took centuries to develop.

Answer 1

True

Question 2

"Express" malice aforethought was the mental element of killings that fit the original meaning of "murder."

Answer 2

True

Question 3

Killing without malice aforethought is manslaughter.

Answer 3

True

Question 4

Much of the body of criminal homicide law is about grading the seriousness of the offense.

Question 5

Adequate provocation isn't an excuse for criminal homicide.

Question 6

Depraved heart murder is defined as extremely reckless killings.

Question 7

Death is currently defined as when the heart and breathing stop.

Question 8

All felony murders are intentional homicides.

Question 9

Most criminal homicide statutes apply to corporations.

Question 10

The mens rea of homicide is killing another person or human being.

Question 11

Excusable homicide is defined as killing in self-defense.

Question 12

The term "aforethought" refers to planning in advance.

Question 13

First-degree murder mens rea includes willful,deliberate,and premeditated killing by means of "heinous,atrocious,or cruel" acts.

Question 14

Corporations cannot be guilty of criminal homicide.

Question 15

Grading murder into first and second degree is important because only first-degree murder qualifies for the death penalty.

Question 16

The meaning of "person" is unimportant to homicide law.

Question 17

The heart of voluntary manslaughter is an unintentional,sudden killing triggered by an adequate provocation.

Question 18

Killing another "person" is central to criminal homicide liability because it defines who's a victim.

Question 19

In a voluntary manslaughter case,adequate provocation is evaluated using a subjective test.

Question 20

In 24 states,it's a crime to kill a fetus.

Question 21

​According to the Uniform Brain Death Act,a person is considered dead when

A) ​his or her heart stops.
B) ​he or she is in a deep coma,with only sustained breathing and heartbeat.
C) ​he or she has suffered irreversible cessation of all brain functions,including those of the brain stem.
D) ​his or her breathing has ceased.

Question 22

Prosecutions of homicide for corporations are common.

Question 23

Most laws today recognize adultery as adequate provocation.

Question 24

​Some state legislatures have created a crime specifically to address the killing of an unborn child.What is the name given to this crime?

A) ​Feticide
B) ​fetus murder
C) ​Infanticide
D) ​fetus manslaughter

Question 25

Most state codes have adopted the MPC general criminal reckless and negligence provisions.

Question 26

​As the common law developed,murder was distinguished from manslaughter in that murder required

A) ​malice aforethought.
B) ​adequate provocation.
C) ​heat of passion.
D) ​no actus reus.

Question 27

​In which of the following cases did the Supreme Court approve Oregon's Death with Dignity Act?

A) ​State v.Cotton (2000)
B) ​Washington v.Glucksberg (1997)
C) ​Gonzalez v.Oregon (2005)
D) ​Byford v.State (2000)

Question 28

Degrees of murder have remained unchanged through history.

Question 29

Words are never adequate provocation.

Question 30

​Which of the following is not one of the forms of euthanasia?

A) ​passive
B) ​active
C) ​beneficent
D) ​malicious

Question 31

The bifurcation procedure is the requirement that the death penalty decision be made in two phases.

Question 32

The death penalty is discretionary in all states in which the penalty is authorized.

Question 33

​What is the name of assisted suicide?

A) ​euthanasia
B) ​homicide
C) ​involuntary manslaughter
D) ​voluntary manslaughter

Question 34

The English judges never formally divided murder into degrees.

Question 35

​Throughout most of its history,homicide law has followed what rule?

A) ​the born-alive rule
B) ​the viable rule
C) ​the conception rule
D) ​the living rule

Question 36

Murder is a result crime.

Question 37

​Why was the crime of murder divided into first and second degree?

A) ​to allow some offenders to claim "benefit of clergy"
B) ​to make it easier for states to convict murderers
C) ​to prevent murderers from escaping
D) ​to separate murders that deserve the death penalty from those that do not

Question 38

Involuntary manslaughter includes the elements of causation and resulting harm.

Question 39

​Throughout most of history,homicide law has followed what rule for determining when life begins?

A) ​the quickening rule
B) ​the viability rule
C) ​the fetus rule
D) ​the born-alive rule

Question 40

​The degree of murder or type of homicide is determined by the actus reus,special circumstances,and the

A) ​concurrence.
B) ​act.
C) ​harm.
D) ​mens rea.

Question 41

​Unintentional deaths that occur during the commission of some felonies are called

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

Question 42

​An intentional,sudden killing triggered by an adequate provocation is said to be

A) ​the heart of voluntary manslaughter.
B) ​the heart of involuntary manslaughter.
C) ​the heart of first-degree homicide.
D) ​the heart of second-degree homicide.

Question 43

​Death penalty trials require two phases: guilt and sentencing.What is the name given to this procedure?

A) ​death-eligible procedure
B) ​euthanasia procedure
C) ​paramour procedure
D) ​bifurcation procedure

Question 44

​Voluntary manslaughter involves intentionally killing another in the sudden heat of passion,which

A) ​was caused by a legally recognized adequate provocation.
B) ​was caused by a mental disease or defect.
C) ​caused the actor to be reckless.
D) ​gave the actor time to cool off.

Question 45

​How many primary arguments exist in opposition to euthanasia?

A) ​three
B) ​one
C) ​two
D) ​four

Question 46

​Which of the following is not a kind of involuntary manslaughter?

A) ​criminal negligence manslaughter
B) ​unlawful act manslaughter
C) ​misdemeanor manslaughter
D) ​common-law manslaughter

Question 47

​By 1700,the English common and statute laws of homicide and the American colonies' law recognized three kinds of homicide.Which of the following is not one of those kinds of homicide?

A) ​justifiable homicide
B) ​excusable homicide
C) ​criminal homicide
D) ​paramour homicide

Question 48

Killing done by someone insane and immature is known as​

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

Question 49

​The Constitution requires that in capital punishment cases

A) ​judges and juries have wide discretion in deciding who is sentenced to death.
B) ​mandatory death sentences are appropriate in certain clearly defined situations.
C) ​judges and juries can't impose the death penalty without a list of specific criteria for and against the death penalty to guide their decision.
D) ​states can limit the types of mitigating factors that the defendant can introduce.

Question 50

​The central elements in involuntary manslaughter are

A) ​actus reus and mens rea.
B) ​motive and mental competence
C) ​caveat emptor and mens rea.
D) ​actus reus and caveat emptor.

Question 51

​What reduces the seriousness of the crime and the punishment to allow for human frailty?

A) ​adequate provocation
B) ​adequate justification
C) ​adequate torture
D) ​adequate verbal attack

Question 52

​What is the name of the common law rule that a husband who caught his wife in the act of adultery had adequate provocation to kill?

A) ​the paramour rule
B) ​the excusable murder rule
C) ​the depraved heart murder rule
D) ​the last straw rule

Question 53

​Which of the following is generally not deemed to be a legally adequate provocation for voluntary manslaughter?

A) ​verbal assaults
B) ​mutual combat
C) ​adultery by spouse
D) ​assault and battery

Question 54

​With regard to cooling off for voluntary manslaughter,assuming the defendant did not,in fact,cool off,most courts would then apply what test?

A) ​objective test of cooling-off time
B) ​overt test of cooling-off time
C) ​lenient test of cooling-off time
D) ​subjective test of cooling-off time

Question 55

​Killing a person without malice aforethought is called

A) ​manslaughter.
B) ​euthanasia.
C) ​homicide.
D) ​feticide.

Question 56

​If an armed offender accidentally killed the store clerk during an armed robbery,this would be

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

Question 57

​Which of the following is true?

A) ​Criminal homicides are rare events.
B) ​No states have passed euthanasia laws.
C) ​First- and second-degree murder are the only crimes you can be executed for.
D) ​Killing another "person" is central to criminal homicide liability because it determines the punishment.

Question 58

​There's a trend in the United States to abolish which of the following?

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

Question 59

​Which of the following practices regarding the death penalty are banned by the Constitution?

A) ​mitigating factors
B) ​mandatory death sentences
C) ​complicating factors
D) ​additional aggravating factors

Question 60

​Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty?

A) ​torture of victim
B) ​victim attempted to defend themselves
C) ​victim was related to offender
D) ​victim was a stranger

Question 61

​What crime against persons did Joe commit?

A) ​felony murder
B) ​euthanasia
C) ​feticide
D) ​manslaughter

Question 62

Involuntary manslaughter is an unintentional killing by a voluntary act or​

A) ​omission.
B) ​intent.
C) ​incompetence.
D) ​recklessness.

Question 63

​Euthanasia presents what kind of dilemmas?

A) ​moral,ethical,and legal
B) ​moral
C) ​ethical
D) ​legal

Question 64

​The argument that a state can't exercise power over individual members of society except to prevent harm to others is called

A) ​presumption of bodily integrity.
B) ​justifiable homicide.
C) ​adequate provocation.
D) ​malum prohibitum crime.

Question 65

​Unintentional deaths that occur during the commission of some felonies are

A) ​felony murder.
B) ​first-degree murder.
C) ​second-degree murder.
D) ​both felony and second-degree murder.

Question 66

​Death caused by a person who is aware that her acts create a substantial and unjustifiable risk of death or serious bodily injury,but acts anyway is known as

A) ​emotional disturbance manslaughter.
B) ​depraved heart manslaughter.
C) ​intent to cause serious bodily injury murder.
D) ​criminal negligence manslaughter.

Question 67

​Some have argued that the "liberty interest," guaranteed in due process clauses of what amendments to the Constitution,includes the right to die and to seek assistance in exercising the right?

A) ​the Fifth and Fourteenth Amendments.
B) ​the Fourth and Fourteenth Amendments
C) ​the Fourth and Fifth Amendments
D) ​the Fifth and Eighth Amendments

Question 68

​What crime has Josiah committed?

A) ​first-degree murder
B) ​euthanasia
C) ​second-degree murder
D) ​manslaughter

Question 69

​Based on the "born alive" rule,Stewart is guilty of

A) ​one count of reckless homicide.
B) ​two counts of reckless homicide.
C) ​one count of voluntary manslaughter.
D) ​two counts of voluntary manslaughter

Question 70

​Which of the following is an adequate provocation?

A) ​mutual combat
B) ​adultery
C) ​assault and battery
D) ​all of these are adequate provocation

Question 71

​To prove voluntary manslaughter,the prosecution has to prove that

A) ​the provocation caused the passion and the killing.
B) ​there was no cooling-off time.
C) ​the death was unintentional.
D) ​the death was an accident.

Question 72

​Which of the following may be included in the definition of serious bodily injury?

A) ​protracted unconsciousness
B) ​extreme physical pain
C) ​obvious disfigurement
D) ​all of these may be included in the definition of serious bodily injury

Question 73

​If the baby had died prior to being born what might some states have called the death?

A) ​euthanasia
B) ​feticide
C) ​negligence
D) ​neglect

Question 74

​Regarding mens rea for the above crime,what doctrine is exhibited?

A) ​the deadly weapon doctrine
B) ​the bodily integrity doctrine
C) ​the justifiable homicide doctrine
D) ​the malice aforethought doctrine

Question 75

What three words did the California legislature add to its existing murder statute to overturn Keeler v.Superior Court?​

A) ​or a fetus
B) ​after the birth
C) ​soon after conception
D) ​prior to birth

Question 76

​What rule defines adequate provocation as "a smoldering resentment or pent-up rage resulting from earlier insults or humiliating events culminating in a triggering event that,by itself,might be insufficient to provoke the deadly act" ?

A) ​the "last-straw" rule
B) ​the "words can never provoke" rule
C) ​the "born alive" rule
D) ​the manslaughter rule

Question 77

​What is the name of the catchall offense that includes killings that are neither manslaughter nor first-degree murder?

A) ​second-degree murder
B) ​malicious homicide
C) ​depraved heart murder
D) ​felony murder

Question 78

​Knowingly creating a substantial and unjustifiable risk is the definition of

A) ​negligence.
B) ​gross negligence.
C) ​recklessness.
D) ​criminal negligence.

Question 79

Unlawful act manslaughter is sometimes also referred to as​

A) ​voluntary manslaughter.
B) ​misdemeanor manslaughter.
C) ​felony murder.
D) ​depraved heart murder.

Question 80

​Probably the most publicized corporate murder case involved the deaths of three young women who were killed on an Indiana highway in 1978 when what car exploded?

A) ​Ford Pinto
B) ​Ford Fiesta
C) ​Ford Ranger
D) ​Ford Fairlane